HB 5148

relating to regulation of stairway requirements in certain
multifamily residential buildings by political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 211, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. SINGLE STAIRWAY IN CERTAIN MULTIFAMILY RESIDENTIAL
(1)"Multifamily residential building" means a
residential building with a Group R-2 occupancy, as defined by the
Section 211.052. APPLICABILITY. This subchapter applies only
to a municipality that employs a professional fire  department.
Sec 211.053. CERTAIN STAIRWAY REQUIREMENTS PROHIBITED. (a)
Notwithstanding any other law, a municipality may not adopt or
enforce an ordinance, rule, or other regulation requiring a
multifamily residential building to have more than one stairway if
(1)  has no more than 6 stories above grade plane and
does not qualify as a high-rise, as defined in the International
Building Code, as adopted under Section 214.216, Local Government
(2)  has no more than four dwelling units on any floor;
(3)  regardless of the stairway construction type,  has
automatic sprinkler locations in interior exit stairways that
comply with the requirements of NFPA 13 for combustible  stairways;
(4)  has an exterior stairway or interior exit
stairway is provided and doors in the stairway swing into the
interior exit stairway regardless of the occupant load served,
provided that doors from the interior exit stairway to the  building
exterior are permitted to swing in the direction of  exit travel;
(5)  has openings to the interior exit stairway
enclosure are limited to those required for exit access into  the
enclosure from normally occupied spaces, those required for egress
from the enclosure, and openings to the exterior.  Elevators shall
not open into the interior exit stairway  enclosure;
(5)  has interior exit stairway enclosures have a
fire-resistance rating of not less than 2 hours;
(6)  has a minimum 1 hour fire-resistance rated
corridor separates each dwelling unit entry/exit door from the
door to an interior exit stairway, including any related exit
(7)  has dwelling unit doors that do not open  directly
into an interior exit stairway;
(7)  has no more than 20 feet (6096 mm) of travel
distance exist between the exit stairway from the entry/exit  door
(8)  has exit access travel that does not exceed 125
(9)  has an exit serving the Group R occupancy that
does not discharge through any other occupancy, including an
(10)  has an exit that does not terminate in an  egress
court where the court depth exceeds the court width  unless it is
possible to exit in either direction to the public  way;
(11)  has no openings within 10 feet (3048 mm) of
unprotected openings into the stairway other than required exit
doors having a 1-hour fire-resistance rating;
(12)  has emergency escape and rescue openings
compliant with International Building Code Section 1031 on all
floors served by the single exit;
(13)  has no electrical receptacles in an interior
(14)  has met all other applicable provisions of the
adopted local building codes, and;
(15)  has an automatic smoke and fire detection system
that activates the occupant notification system in  accordance with
IBC Section 907.5 installed in the building in:
(A)  common spaces outside of dwelling units;
(B)  laundry rooms, mechanical equipment rooms, and storage
(C)  all interior corridors serving dwelling units; and
(D)  all main floor landings or interior and exterior exit
(b)  Nothing in this subchapter prohibits a municipality
from  adopting an ordinance, rule, or other regulation authorizing
multifamily residential buildings with a single stairway if the
building does not comply with the requirements of Subsection (a).
Sec. 211.055.  NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS
AND OTHER PRIVATE AGREEMENTS.  This subchapter does not prohibit
property owners from enforcing rules or deed restrictions  imposed
by a property owners' association.
Sec. 211.056.  AUTHORIZED REGULATION.  Except as provided by
this chapter, a municipality's height limitations, front setback
limitations, site plan review, and other zoning requirements  that
are generally applicable to multifamily construction for  the area
in which a multifamily residential building is built  apply to the
multifamily residential building.
Section 2. This act takes effect September 1, 2025.