By:  Carriker                                         S.B. No. 1110
       73R3119 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers and duties of the Texas Commission on Fire
    1-3  Protection; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 419.004(a), Government Code, is amended
    1-6  to read as follows:
    1-7        (a)  The commission is composed of the following 12 members:
    1-8              (1)  three chief officers with a minimum rank of
    1-9  battalion chief employed in fire departments as defined by Section
   1-10  419.021 that are under the jurisdiction of the commission, at least
   1-11  two of whom must be the heads of their fire departments, and one of
   1-12  whom must be employed by a political subdivision with a population
   1-13  of less than 50,000, one must be employed by a political
   1-14  subdivision with a population of 50,000 to 200,000, and one must be
   1-15  employed by a political subdivision with a population of more than
   1-16  200,000;
   1-17              (2)  three fire protection personnel as defined by
   1-18  Section 419.021 with the rank of captain or below employed in fire
   1-19  departments or other appropriate local authorities under the
   1-20  jurisdiction of the commission, at least one of whom must be
   1-21  actively involved in educating the public on fire prevention as a
   1-22  significant part of the person's duties, and one of whom must be
   1-23  employed by a political subdivision with a population of less than
   1-24  50,000, one must be employed by a political subdivision with a
    2-1  population of 50,000 to 200,000, and one must be employed by a
    2-2  political subdivision with a population of more than 200,000;
    2-3              (3)  three persons who are volunteer fire chiefs or
    2-4  volunteer fire fighters;
    2-5              (4)  one certified fire protection engineer;
    2-6              (5)  one certified arson investigator; and
    2-7              (6)  one fire protection <science> instructor from an
    2-8  institution of higher education as defined by Section 61.003,
    2-9  Education Code.
   2-10        SECTION 2.  Section 419.008, Government Code, is amended by
   2-11  amending Subsection (a) and adding Subsection (k) to read as
   2-12  follows:
   2-13        (a)  The commission may adopt rules for its internal
   2-14  management and control.  The commission may also adopt rules <and>
   2-15  for the administration of its powers and duties under this chapter
   2-16  and other law.  The commission by rule may adopt any standard
   2-17  developed by a nationally recognized standards-making association
   2-18  to serve as a standard in any aspect of the commission's regulatory
   2-19  authority if the commission determines that the standard is
   2-20  appropriate.
   2-21        (k)  The commission may use pertinent and timely facts
   2-22  relating to fires to develop educational programs and disseminate
   2-23  materials necessary to educate the public effectively regarding
   2-24  methods of fire prevention and safety.
   2-25        SECTION 3.  Section 419.021, Government Code, is amended to
   2-26  read as follows:
   2-27        Sec. 419.021.  DEFINITIONS.  (a)  In this subchapter:
    3-1              (1)  "Aircraft fire fighting <crash> and rescue fire
    3-2  protection personnel" means permanent, <fully> paid<, full-time>
    3-3  local governmental employees who, as a permanent duty assignment,
    3-4  fight aircraft fires at airports, stand by for potential crash
    3-5  landings, and perform aircraft crash rescue.
    3-6              (2)  "Fire department" means a department of a local
    3-7  government with one or more permanent, <fully> paid<, full-time>
    3-8  employees organized to prevent or suppress fires.
    3-9              (3)  "Fire protection personnel" means:
   3-10                    (A)  permanent, <fully> paid<, full-time> law
   3-11  enforcement officers designated as fire and arson investigators by
   3-12  an appropriate local authority;
   3-13                    <(B)  aircraft crash and rescue fire protection
   3-14  personnel;> or
   3-15                    (B) <(C)>  permanent, <fully> paid<, full-time>
   3-16  fire department employees who are not secretaries, stenographers,
   3-17  clerks, budget analysts, or similar support staff persons or other
   3-18  administrative employees and who are assigned duties in one or more
   3-19  of the following categories:
   3-20                          (i)  fire suppression;
   3-21                          (ii)  fire inspection;
   3-22                          (iii)  fire and arson investigation;
   3-23                          (iv)  marine fire fighting;
   3-24                          (v)  aircraft <crash> fire fighting and
   3-25  rescue;
   3-26                          (vi)  fire training;
   3-27                          (vii)  fire education;
    4-1                          (viii)  fire administration; and
    4-2                          (ix)  any other position necessarily or
    4-3  customarily related to fire prevention and suppression.
    4-4              (4)  "Local government" means a municipality, a county,
    4-5  a special-purpose district or authority, or any other political
    4-6  subdivision of the state.
    4-7              (5)  "Marine fire protection personnel" means
    4-8  permanent, <fully> paid<, full-time> local governmental employees
    4-9  who work aboard a fireboat and fight fires that occur on or
   4-10  adjacent to a waterway, waterfront, channel, or turning basin.
   4-11              (6)  "Protective clothing" means garments, including
   4-12  turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
   4-13  helmets, and protective hoods, worn by fire protection personnel in
   4-14  the course of performing fire-fighting operations.
   4-15        (b)  In this subchapter, an officer or employee of a fire
   4-16  department or other department of a local government is considered
   4-17  to be paid if the officer's or employee's annual compensation for
   4-18  performing one or more duties listed under Subsection (a)(3)(B),
   4-19  excluding the value of benefits and reimbursement for expenses, is
   4-20  at least equal to the amount of compensation a person would receive
   4-21  working 780 hours at the federal minimum wage.
   4-22        SECTION 4.  Section 419.028, Government Code, is amended to
   4-23  read as follows:
   4-24        Sec. 419.028.  Training Programs and Instructors.  (a)  The
   4-25  commission shall establish and maintain fire protection training
   4-26  programs <conducted by the commission staff or> through other
   4-27  agencies and institutions that the commission considers
    5-1  appropriate.  The commission may authorize reimbursement for a
    5-2  local governmental agency for expenses in attending the training
    5-3  programs as authorized by the legislature.
    5-4        (b)  The commission may:
    5-5              (1)  through issuance or revocation of a certificate,
    5-6  approve or revoke the approval of an institution or facility for a
    5-7  school operated by or for this state or a local government
    5-8  specifically for training fire protection personnel or recruits;
    5-9              (2)  establish and maintain <operate> schools and
   5-10  school facilities and contract with other entities to conduct
   5-11  preparatory, in-service, basic, and advanced courses in the schools
   5-12  and facilities, as the commission determines, for fire protection
   5-13  personnel or recruits;
   5-14              (3)  certify persons as qualified fire protection
   5-15  personnel instructors under conditions that the commission
   5-16  prescribes;
   5-17              (4)  contract with persons or public or private
   5-18  agencies, as the commission considers necessary, for services,
   5-19  facilities, studies, and reports that the commission requires to
   5-20  cooperate with local governmental agencies in training programs and
   5-21  to otherwise perform its functions; and
   5-22              (5)  revoke the certification of fire protection
   5-23  personnel instructors.
   5-24        SECTION 5.  Section 419.034, Government Code, is amended by
   5-25  amending Subsection (e) and adding Subsection (f) to read as
   5-26  follows:
   5-27        (e)  Notwithstanding Subsection (d), a person may apply for,
    6-1  and the commission may issue, a new certificate without the
    6-2  person's retaking the proficiency examination or repeating the
    6-3  requirements for obtaining an original certificate if the person
    6-4  previously held the certification being sought and:
    6-5              (1)  has continuously held fire protection personnel
    6-6  certification in another discipline;
    6-7              (2)  has been employed in a fire protection personnel
    6-8  position in another jurisdiction without a break in service of one
    6-9  year or longer; or
   6-10              (3)  has been employed full-time, without a break in
   6-11  service of one year or longer, by a nongovernmental entity as a
   6-12  fire protection employee in circumstances under which the person
   6-13  would have been eligible for fire protection personnel
   6-14  certification if the person had been employed by a local
   6-15  government.
   6-16        (f)  At least 30 days before the expiration of a person's
   6-17  certificate, the commission shall send written notice of the
   6-18  impending certificate expiration to the last known fire department
   6-19  or other employing entity employing the regulated person according
   6-20  to the records of the commission.
   6-21        SECTION 6.  Section 419.038, Government Code, is amended to
   6-22  read as follows:
   6-23        Sec. 419.038.  Appointment to Aircraft Fire Fighting <Crash>
   6-24  and Rescue Fire Protection Personnel Position.  (a)  The commission
   6-25  shall adopt requirements for certification of aircraft fire
   6-26  fighting <crash> and rescue fire protection personnel.  A person
   6-27  may not be appointed to an aircraft fire fighting <crash> and
    7-1  rescue fire protection personnel position, except on a probationary
    7-2  basis, unless the person has completed the training prescribed by
    7-3  the commission.
    7-4        (b)  Aircraft fire fighting <crash> and rescue fire
    7-5  protection personnel appointed on a probationary basis must
    7-6  complete the prescribed training before two years after the date of
    7-7  appointment.
    7-8        (c)  Aircraft fire fighting <crash> and rescue fire
    7-9  protection personnel serving under permanent appointment with two
   7-10  or more years' service before September 1, 1984, have satisfied the
   7-11  training requirements.
   7-12        SECTION 7.  Section 419.072(a), Government Code, is amended
   7-13  to read as follows:
   7-14        (a)  The commission shall establish a volunteer fire fighter
   7-15  advisory committee to assist the commission in matters relating to
   7-16  volunteer fire fighters and volunteer fire departments.  The
   7-17  committee shall be composed of nine members appointed by the
   7-18  commission.  Six members must be volunteer fire fighters who
   7-19  collectively represent various areas in the field of fire
   7-20  protection.  Three members must be instructors of volunteer fire
   7-21  fighters.  Six of the nine members must be appointed from a list
   7-22  submitted each year before September 1 to the commission by the
   7-23  State Firemen's and Fire Marshals' Association of Texas.  A
   7-24  committee member:
   7-25              (1)  serves at the will of the commission;
   7-26              (2)  serves for a one-year term that expires February
   7-27  1; and
    8-1              (3)  may be reappointed to the committee after the
    8-2  expiration of a term.
    8-3        SECTION 8.  Section 419.083, Government Code, is amended to
    8-4  read as follows:
    8-5        Sec. 419.083.  Voluntary Regulation of Certain State
    8-6  Officials, State Agencies, and State Agency Employees.
    8-7  (a)  Certain state officials, state agencies, and state agency
    8-8  employees may apply to the commission for regulation under one or
    8-9  more discrete components of the commission's regulatory authority
   8-10  under Subchapter B.  The commission shall define the components by
   8-11  rule.
   8-12        (b)  A state agency employee who would be fire protection
   8-13  personnel under Section 419.021 if the person were employed by a
   8-14  local government, or who is employed full-time in the field of fire
   8-15  instruction or fire training evaluation and who meets the
   8-16  commission's training and experience requirements for fire
   8-17  protection personnel, may apply to the commission for regulation
   8-18  under this section.  The fact that a state agency employee becomes
   8-19  regulated by the commission under this section does not make the
   8-20  employing agency subject to commission regulation under this
   8-21  section, except that the commission may require reports from the
   8-22  agency that relate to the employee.  A state agency may pay an
   8-23  employee's fees under this subsection.
   8-24        (c)  A person who is elected to public office in state
   8-25  government and who holds a commission certificate at the time the
   8-26  person takes office may maintain the certificate by applying to the
   8-27  commission for regulation under this section and by paying the
    9-1  required renewal fee in accordance with Section 419.034.  A person
    9-2  applying for regulation under this section must comply with
    9-3  continuing education requirements applicable to the discipline in
    9-4  which the certificate is held in order to maintain the certificate.
    9-5        (d)  A state agency may apply to the commission for
    9-6  regulation under this section if the agency is the employing
    9-7  authority for persons who, if employed by a local government, would
    9-8  be fire protection personnel under Section 419.021.
    9-9        (e) <(d)>  The commission shall prescribe the procedures
   9-10  under which a state official, state agency, or agency employee may
   9-11  apply for regulation under this section and the means by which the
   9-12  state official, state agency, or agency employee may present
   9-13  evidence that the official, agency, or employee is eligible for
   9-14  regulation under this section.
   9-15        (f) <(e)>  The commission shall determine whether a state
   9-16  official, state agency, or agency employee that has applied for
   9-17  regulation is eligible for regulation under this section.  The
   9-18  commission shall approve a request for regulation if the official,
   9-19  agency, or employee meets the requirements of Subsection (b), <or>
   9-20  (c), or (d), and the commission shall notify the applying official,
   9-21  agency, or employee of its decision.
   9-22        (g) <(f)>  A state official, state agency, or agency employee
   9-23  regulated under this section is subject to the appropriate
   9-24  component or components of Subchapter B and applicable rules
   9-25  adopted under this chapter to the same extent as a local
   9-26  government, a fire department, or fire protection personnel
   9-27  employed by a local government.
   10-1        (h) <(g)>  A state agency or agency employee that is subject
   10-2  to regulation under this section is entitled to a reasonable period
   10-3  in which to comply with applicable requirements.  The commission by
   10-4  rule shall determine the time period in which a state agency or
   10-5  agency employee must come into compliance with each requirement.
   10-6        SECTION 9.  Section 419.084, Government Code, is amended to
   10-7  read as follows:
   10-8        Sec. 419.084.  Voluntary Regulation of Certain Federal
   10-9  Agencies and Federal Fire Fighters <Employees>.  (a)  Certain
  10-10  federal agencies and federal fire fighters <employees> may apply to
  10-11  the commission for regulation under one or more discrete components
  10-12  of the commission's regulatory authority under Subchapter B. The
  10-13  commission shall define the components by rule.
  10-14        (b)  A federal fire fighter <employee> who would be fire
  10-15  protection personnel under Section 419.021 if the person were
  10-16  employed by a local government may apply to the commission for
  10-17  regulation under this section.  The fact that a federal employee
  10-18  becomes regulated by the commission under this section does not
  10-19  make the employing agency subject to commission regulation under
  10-20  this section.
  10-21        (c)  A federal agency may apply to the commission for
  10-22  regulation under this section if the agency is the employing
  10-23  authority for persons who, if employed by a local government, would
  10-24  be fire protection personnel under Section 419.021.
  10-25        (d)  The commission shall prescribe the procedures under
  10-26  which a federal agency or federal fire fighter <employee> may apply
  10-27  for regulation under this section and the means by which a federal
   11-1  agency or federal fire fighter <employee> may present evidence that
   11-2  the agency or fire fighter <employee> is eligible for regulation
   11-3  under this section.
   11-4        (e)  The commission shall determine whether a federal agency
   11-5  or federal fire fighter <employee> that has applied for regulation
   11-6  is eligible for regulation under this section.  The commission
   11-7  shall approve a request for regulation if the agency or fire
   11-8  fighter <employee> meets the requirements of Subsection (b) or (c),
   11-9  and the commission shall notify the applying agency or fire fighter
  11-10  <employee> of its decision.
  11-11        (f)  A federal agency or federal fire fighter <employee>
  11-12  regulated under this section is subject, to the extent allowed by
  11-13  federal law, to the appropriate component or components of
  11-14  Subchapter B and applicable rules adopted under this chapter to the
  11-15  same extent as a local government, a fire department, or fire
  11-16  protection personnel employed by a local government.
  11-17        (g)  A federal agency or federal fire fighter <employee> that
  11-18  is subject to regulation under this section is entitled to a
  11-19  reasonable period in which to comply with applicable requirements.
  11-20  The commission by rule shall determine the time period in which a
  11-21  federal agency or federal fire fighter <employee> must come into
  11-22  compliance with each requirement.
  11-23        (h)  In this section, "federal fire fighter" means a person
  11-24  who is employed to provide fire protection to property of the
  11-25  federal government by:
  11-26              (1)  an agency of the federal government; or
  11-27              (2)  an entity that contracts with the federal
   12-1  government.
   12-2        SECTION 10.  Section 419.906, Government Code, is amended by
   12-3  adding Subsection (c) to read as follows:
   12-4        (c)  The commission may enter into a consent order or
   12-5  settlement agreement with any person under the commission's
   12-6  jurisdiction under this chapter or other law.  The consent order or
   12-7  settlement agreement may include an agreement between the
   12-8  commission and the person under which the person will make
   12-9  restitution to a third party or pay a monetary penalty to the
  12-10  commission.  The consent order or settlement agreement is valid and
  12-11  enforceable without regard to whether the commission is authorized
  12-12  to order restitution or impose the monetary penalty under other law
  12-13  in the absence of the affected person's agreement.
  12-14        SECTION 11.  Articles 5.43-1 through 5.43-3, Insurance Code,
  12-15  are transferred to Chapter 419, Government Code, redesignated as
  12-16  Subchapters F-H, and amended to read as follows:
  12-17          SUBCHAPTER F <Art. 5.43-1>.  Fire Extinguishers<.>
  12-18        Sec. 419.101 <1>.  Purpose.  The purpose of this subchapter
  12-19  <article> is to regulate the leasing, renting, selling, installing,
  12-20  and servicing of portable fire extinguishers and the planning,
  12-21  certifying, installing, or servicing of fixed fire extinguisher
  12-22  systems, and to prohibit portable fire extinguishers, fixed fire
  12-23  extinguisher systems, and extinguisher equipment not labeled or
  12-24  listed by a testing laboratory approved by the commission <State
  12-25  Board of Insurance>, in the interest of safeguarding lives and
  12-26  property.
  12-27        Sec. 419.102 <2>.  Administration.  The commission <State
   13-1  Board of Insurance> shall administer this subchapter <article> and
   13-2  <it> may issue rules as <and regulations which it considers>
   13-3  necessary for <to> its administration <through the State Fire
   13-4  Marshal>.  The commission <board>, in adopting necessary rules <and
   13-5  regulations>, may use recognized standards, including standards:
   13-6              (1)  <such as, but not limited to, those> of the
   13-7  National Fire Protection Association;
   13-8              (2)<, those> recognized by federal law or regulation;
   13-9  or
  13-10              (3)<, and those> published:
  13-11                    (A)  by any nationally recognized
  13-12  standards-making organization;<,> or
  13-13                    (B)  in the manufacturer's installation manuals.
  13-14        <Sec. 2A.  TRANSFER OF POWERS AND DUTIES.  The powers and
  13-15  duties assigned to the State Board of Insurance under this article
  13-16  are transferred to the Texas Commission on Fire Protection.  The
  13-17  commission and the board by rule may make and adopt memoranda of
  13-18  understanding under which the board will exercise certain powers
  13-19  and duties under this article if it is more appropriate for the
  13-20  board to do so.>
  13-21        Sec. 419.103 <3>.  Definitions.  As used in this subchapter:
  13-22              (1)  <article the following terms have the meanings
  13-23  specified in this section.  (a)> "Firm" means any person,
  13-24  partnership, corporation, or association.
  13-25              (2) <(b)>  "Hydrostatic testing" means pressure testing
  13-26  by hydrostatic methods.
  13-27              (3) <(c)>  "Portable fire extinguisher" means any
   14-1  device that contains liquid, powder, or gases for suppressing or
   14-2  extinguishing fires.
   14-3              (4) <(d)>  "Service" <"Service> and "servicing" mean
   14-4  <servicing" means> servicing portable fire extinguishers or fixed
   14-5  fire extinguisher systems by inspecting, charging, filling,
   14-6  maintaining, recharging, refilling, repairing, or testing.
   14-7              (5) <(e)>  "Fixed fire extinguisher systems" means
   14-8  those assemblies of piping, conduits, or containers that convey
   14-9  liquid, powder, or gases to dispersal openings or devices
  14-10  protecting one or more hazards by suppressing or extinguishing
  14-11  fires.
  14-12              (6) <(f)>  "Registered firm" means a person,
  14-13  partnership, corporation, or association that holds a current
  14-14  certificate of registration.
  14-15              (7) <(f)>  "Insurance agent" means:
  14-16                    (A) <(1)>  a person, firm, or corporation
  14-17  licensed under Article 21.14 or 1.14-2, Insurance Code <of this
  14-18  code>;
  14-19                    (B) <(2)>  a salaried, state, or special agent;
  14-20  or
  14-21                    (C) <(3)>  a person authorized to represent an
  14-22  insurance fund or pool created by a city, county, or other
  14-23  political subdivision of the state under Chapter 791 <The
  14-24  Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil
  14-25  Statutes)>.
  14-26        Sec. 419.104 <4>.  Registration, Licensing, and Fees.  (a)  A
  14-27  <Each> firm engaged in the business of installing or servicing
   15-1  portable fire extinguishers or planning, certifying, installing, or
   15-2  servicing fixed fire extinguisher systems must have a certificate
   15-3  of registration issued by the commission <State Board of
   15-4  Insurance>.  The initial fee for the certificate of registration
   15-5  must be in an amount not to exceed $450 and the renewal fee for
   15-6  each year thereafter must be in an amount not to exceed $300.  Each
   15-7  separate office location of a firm engaged in the business of
   15-8  installing or servicing portable fire extinguishers or planning,
   15-9  certifying, installing, or servicing fixed extinguisher systems,
  15-10  other than the location identified on the certificate of
  15-11  registration, must have a branch office registration certificate
  15-12  issued by the commission <board>.  The initial fee for a branch
  15-13  office registration certificate must be in an amount not to exceed
  15-14  $100, and the renewal fee for each year thereafter must be in an
  15-15  amount not to exceed $100.  The commission <board> shall identify
  15-16  each branch office location as a part of a registered firm before a
  15-17  branch office registration certificate may be issued.
  15-18        (b)  A fee in an amount not to exceed $20 shall be charged
  15-19  for a duplicate certificate of registration, license, or apprentice
  15-20  permit issued under this subchapter <article> or for any request
  15-21  requiring changes to a certificate of registration, license, or
  15-22  permit.  A new certificate of registration with a new number shall
  15-23  be issued to a registered firm on a change of ownership for a fee
  15-24  in an amount not to exceed $450.  A fee in an amount not to exceed
  15-25  $100 shall be charged for a change of ownership of a branch office.
  15-26        (c)  Each employee, other than an apprentice, of registered
  15-27  firms engaged in the business of installing or servicing portable
   16-1  fire extinguishers or planning, installing, or servicing fixed fire
   16-2  extinguisher systems, must have a license issued by the commission
   16-3  <State Board of Insurance> before <engaging in the following>:
   16-4              (1)  installing or servicing portable fire
   16-5  extinguishers;
   16-6              (2)  installing, servicing, or certifying preengineered
   16-7  fixed fire extinguisher systems; or
   16-8              (3)  planning, supervising, or certifying the
   16-9  installation of fixed fire extinguisher systems other than
  16-10  preengineered systems or the servicing of such systems.
  16-11        (d) <(c-1)>  The initial fee for the license required by
  16-12  Subsection (c) <of this section> must be in an amount not to exceed
  16-13  $50 and the license renewal fee for each year thereafter must be in
  16-14  an amount not to exceed $50.  A nonrefundable fee for the initial
  16-15  examination must be in an amount not to exceed $30.  A
  16-16  nonrefundable fee in an amount not to exceed $20 shall be charged
  16-17  for each reexamination.
  16-18        (e) <(d)>  Each person installing or servicing portable fire
  16-19  extinguishers or installing or servicing fixed fire extinguisher
  16-20  systems as an apprentice shall, before engaging in installing or
  16-21  servicing, apply to the commission <State Board of Insurance> for
  16-22  an apprentice permit.  The fee for the apprentice permit must be in
  16-23  an amount not to exceed $30.  An apprentice may perform the
  16-24  services only under direct supervision of a person holding a valid
  16-25  license under this subchapter <article> who works for the same firm
  16-26  as the apprentice.  An apprentice permit is valid for one year from
  16-27  the date of issuance.
   17-1        (f) <(e)>  Each firm performing hydrostatic testing of fire
   17-2  extinguishers manufactured in accordance with the specifications
   17-3  and procedures of the United States Department of Transportation
   17-4  shall do so in accordance with the procedures specified by that
   17-5  department for compressed gas cylinders and must <shall be required
   17-6  to> have a hydrostatic testing certificate of registration
   17-7  authorizing that <such> testing issued by the commission <state
   17-8  fire marshal>.  Persons qualified to do this work shall be given
   17-9  that <such> authority on their licenses.  The initial fee must be
  17-10  in an amount not to exceed $250, and the renewal fee for each year
  17-11  thereafter must be in an amount not to exceed $150.  Hydrostatic
  17-12  testing of fire extinguishers not performed under <pursuant to> the
  17-13  United States Department of Transportation specifications shall be
  17-14  performed as recommended by the National Fire Protection
  17-15  Association.
  17-16        (g) <(f)>  The commission <State Board of Insurance> shall,
  17-17  within the limits fixed by this section, prescribe the fees to be
  17-18  charged under this section.
  17-19        Sec. 419.105 <4A>.  Required insurance.  (a)  The commission
  17-20  may <board shall> not issue a certificate of registration under
  17-21  this subchapter <article> unless the applicant files with the
  17-22  commission <board> evidence of a general liability insurance policy
  17-23  that includes products and completed operations coverage.  The
  17-24  policy must be conditioned to pay on behalf of the insured those
  17-25  sums that the insured becomes legally obligated to pay as damages
  17-26  because of bodily injury and property damage caused by an
  17-27  occurrence involving the insured or the insured's <servant,>
   18-1  officer, agent, or employee in the conduct of any business
   18-2  registered or licensed under this subchapter <article>.
   18-3        (b)  The limits of insurance coverage required by Subsection
   18-4  (a) may <of this section shall> not be less than $100,000 combined
   18-5  single limits for bodily injury and property damage for each
   18-6  occurrence and may not be less than $300,000 aggregate for all
   18-7  occurrences per policy year, unless the commission <board>
   18-8  increases or decreases the limits under Section 419.110 <8 of this
   18-9  article>.
  18-10        (c)  The evidence of insurance required by this section must
  18-11  be in the form of a certificate of insurance executed by an insurer
  18-12  authorized to do business in this state and countersigned by an
  18-13  insurance agent licensed in this state.  A certificate of insurance
  18-14  for surplus lines coverage procured in compliance with Article
  18-15  1.14-2, Insurance Code, <of this code> through a licensed Texas
  18-16  surplus lines agent resident in this state may be filed with the
  18-17  commission <board> as evidence of coverage required by this
  18-18  section.  Insurance certificates executed and filed with the
  18-19  commission <board> under this section remain in force until the
  18-20  insurer has terminated future liability by the notice required by
  18-21  the commission <board>.
  18-22        (d)  Failure to maintain the liability insurance required
  18-23  under this section is <constitutes> grounds for the denial,
  18-24  suspension, or revocation of a certificate of registration issued
  18-25  under this subchapter <article> after notice and opportunity for
  18-26  hearing.
  18-27        Sec. 419.106 <5>.  Selling or Leasing of Portable Fire
   19-1  Extinguishers or Fixed Fire Extinguisher Systems.  (a)  A <No>
   19-2  portable fire extinguisher, fixed fire extinguisher system, or
   19-3  extinguisher equipment may not be leased, sold, rented, serviced,
   19-4  or installed in this state unless it carries a label of approval or
   19-5  listing of a testing laboratory approved by the commission <State
   19-6  Board of Insurance>.
   19-7        (b)  Except as provided by <in> Section 419.107 <6 of this
   19-8  article>, only the holder of a valid license or an apprentice
   19-9  permit issued under <pursuant to> this subchapter <article> may
  19-10  install or service portable fire extinguishers or install and
  19-11  maintain fixed fire extinguisher systems.
  19-12        (c)  A person who has been issued a license under <pursuant
  19-13  to> this subchapter <article> to install or service portable fire
  19-14  extinguishers or install and service fixed fire extinguisher
  19-15  systems must be an employee or<,> agent<, or servant> of a firm
  19-16  that holds a certificate of registration issued under <pursuant to>
  19-17  this subchapter <article>.
  19-18        (d)  A certificate of registration, license, or permit issued
  19-19  under this subchapter <article> is not transferable.
  19-20        Sec. 419.107 <6>.  Exceptions.  The licensing provisions of
  19-21  this subchapter <article> do not apply to <the following>:
  19-22              (1) <(a)>  the filling or charging of a portable fire
  19-23  extinguisher by the manufacturer before <prior to> its initial
  19-24  sale;
  19-25              (2) <(b)>  the servicing by a firm of its own portable
  19-26  fire extinguishers or <and/or> fixed systems by its own personnel
  19-27  specially trained for the <such> servicing or the installation of
   20-1  portable fire extinguishers in a building by the building owner,
   20-2  the owner's managing agent, or their employees;
   20-3              (3) <(c)>  the installation or servicing of water
   20-4  sprinkler systems installed in compliance with the National Fire
   20-5  Protection Association's Standards for the Installation of
   20-6  Sprinkler Systems;
   20-7              (4) <(d)>  firms engaged in the retailing or
   20-8  wholesaling of portable fire extinguishers that carry a label of
   20-9  approval or listing of a testing laboratory approved by the
  20-10  commission <State Board of Insurance>, but not engaged in the
  20-11  installation or servicing of them;
  20-12              (5) <(e)>  fire departments servicing portable fire
  20-13  extinguishers as a public service if:
  20-14                    (A)  <where> no charge is made; and
  20-15                    (B)<, provided, however, that> the members of the
  20-16  fire department are trained in the proper servicing of the fire
  20-17  extinguishers;
  20-18              (6) <(f)>  a firm that is party to a contract that
  20-19  <which> provides that the installation of portable fire
  20-20  extinguishers or a fixed fire extinguisher system will be performed
  20-21  under the direct supervision of and certified by a firm
  20-22  appropriately registered to install and certify portable
  20-23  extinguishers or fixed systems and that the registered firm assumes
  20-24  full responsibility for the installation; or
  20-25              (7) <(g)>  a Texas registered professional engineer
  20-26  acting solely in the engineer's <his> professional capacity.
  20-27        Sec. 419.108 <7>.  Applications and Hearings on Licenses,
   21-1  Permits, and Certificates.  (a)  Applications and qualifications
   21-2  for licenses, permits, and certificates issued under this
   21-3  subchapter <hereunder> shall be made under rules <pursuant to
   21-4  regulations> adopted by the commission <State Board of Insurance>.
   21-5        (b)  The commission <State Board of Insurance> may <through
   21-6  the State Fire Marshal> conduct hearings or proceedings about
   21-7  <concerning> the suspension, revocation, or refusal of the issuance
   21-8  or renewal or the application to suspend, revoke, refuse to renew,
   21-9  or refuse to issue <of> licenses, apprentice permits, hydrostatic
  21-10  testing certificates, certificates of registration, or approvals of
  21-11  testing laboratories issued under this subchapter <article or the
  21-12  application to suspend, revoke, refuse to renew, or refuse to issue
  21-13  the same>.
  21-14        (c)  An applicant, registrant, licensee, or permit holder
  21-15  whose certificate of registration, license, or permit has been
  21-16  refused or revoked under this subchapter <article>, except for
  21-17  failure to pass a required written examination, may not file
  21-18  another application for a certificate of registration, license, or
  21-19  permit until after the first anniversary of <within one year from>
  21-20  the effective date of the refusal or revocation.  After <one year
  21-21  from> that anniversary <date>, the applicant may reapply and in a
  21-22  public hearing show good cause why the issuance of the <his>
  21-23  certificate of registration, license, or permit is not against the
  21-24  public safety and welfare.
  21-25        (d)  A person whose license to service portable fire
  21-26  extinguishers or to install or service fixed fire extinguisher
  21-27  systems has been revoked must retake and pass the required written
   22-1  examination before a new license may be issued.
   22-2        (e) <(g)>  Not later than the 30th day after the date that
   22-3  <day on which> a licensing examination is administered under this
   22-4  subchapter <article>, the commission <State Fire Marshal> shall
   22-5  send notice <to each examinee> of the results of the examination to
   22-6  each person who took the examination.  If an examination is
   22-7  conducted, graded, or reviewed by a testing service, the commission
   22-8  <State Fire Marshal> shall send notice <to the examinees> of the
   22-9  results of the examination to each person who took the examination
  22-10  within two weeks after the date that <on which> the commission
  22-11  <State Fire Marshal> receives the results from the testing service.
  22-12  If the notice of the examination results will be delayed for longer
  22-13  than 90 days after the examination date, the commission <State Fire
  22-14  Marshal> shall send notice <to the examinee> of the reason for the
  22-15  delay to each person who took the examination before the 90th day.
  22-16  If requested in writing by a person who fails the licensing
  22-17  examination administered under this subchapter <article>, the
  22-18  commission <State Fire Marshal> shall send to the person an
  22-19  analysis of the person's performance on the examination.
  22-20        (f) <(h)>  The commission <State Board of Insurance may adopt
  22-21  procedures for certifying and> may certify continuing education
  22-22  programs for persons licensed under this subchapter <Act>.
  22-23  Participation in the programs is voluntary.
  22-24        (g) <(i)>  The commission <State Board of Insurance> may
  22-25  waive any license requirement for an applicant with a valid license
  22-26  from another state that has <having> license requirements
  22-27  substantially equivalent to those of this state.
   23-1        Sec. 419.109 <7A>.  Renewal of certificates and licenses.
   23-2  (a)  Each renewal of a license or certificate of registration
   23-3  issued under this subchapter <article> is valid for <a period of>
   23-4  two years.  The license or registration fee for each year of the
   23-5  two-year period is payable on renewal.
   23-6        (b)  An unexpired license or registration may be renewed by
   23-7  paying the required renewal fee to the commission <State Board of
   23-8  Insurance> before the expiration of the license or registration.
   23-9  If a license or registration has been expired for not longer than
  23-10  90 days, the license or registration may be renewed by paying to
  23-11  the commission <State Board of Insurance> the required renewal fee
  23-12  and a fee that is equal to one-half of the original fee for the
  23-13  license or registration.  If a license or registration has been
  23-14  expired for longer than 90 days but less than two years, the
  23-15  license or registration may be renewed by paying to the commission
  23-16  <State Board of Insurance> all unpaid renewal fees and a fee that
  23-17  is equal to the original fee for the license or registration.  If a
  23-18  license or registration has been expired for two years or longer,
  23-19  the license or registration may not be renewed.  A new license or
  23-20  certificate of registration may be obtained by complying with the
  23-21  requirements and procedures for obtaining an original license or
  23-22  registration.  At least 30 days before the date that <of> the
  23-23  <expiration of a> license or registration expires, the commission
  23-24  <State Fire Marshal> shall send written notice of the impending
  23-25  license or registration expiration to the licensee or registrant at
  23-26  the <his or its> last known address of the licensee or registrant.
  23-27  This subsection does <may> not <be construed to> prevent the
   24-1  commission <State Board of Insurance> from denying or refusing to
   24-2  renew a license under applicable law or rules of the commission
   24-3  <board>.
   24-4        (c)  The commission <State Board of Insurance> by rule may
   24-5  adopt a system under which certificates of registration, licenses,
   24-6  and permits expire on various dates during the year.  For the year
   24-7  in which the certificate of registration, license, or permit
   24-8  expiration date is less than one year from its issuance or
   24-9  anniversary date, the fee shall be prorated on a monthly basis so
  24-10  that each registrant, licensee, or permittee shall pay only that
  24-11  portion of the fee that is allocable to the number of months during
  24-12  which the certificate of registration, license, or permit is valid.
  24-13  On each subsequent renewal of a license or registration, the total
  24-14  renewal fee is payable.
  24-15        Sec. 419.110 <8>.  Powers and duties of commission <State
  24-16  Board of Insurance>.  The commission <State Board of Insurance>
  24-17  shall:
  24-18              (1) <(a)>  formulate and administer <such> rules as
  24-19  <may be determined essentially> necessary for the protection and
  24-20  preservation of life and property, in controlling:
  24-21                    (A) <(1)>  the registration of firms engaging in
  24-22  the business of installing or servicing portable fire extinguishers
  24-23  or planning, certifying, installing, or servicing fixed fire
  24-24  extinguisher systems;
  24-25                    (B) <(2)>  the registration of firms engaged in
  24-26  the business of hydrostatic testing of fire extinguisher cylinders;
  24-27                    (C) <(3)>  the examination of persons applying
   25-1  for a license;
   25-2                    (D) <(4)>  the licensing of persons to install or
   25-3  service portable fire extinguishers and to plan, certify, install,
   25-4  or service fixed fire extinguisher systems; and
   25-5                    (E) <(5)>  the requirements for the installing or
   25-6  servicing of portable fire extinguishers and the planning,
   25-7  certifying, installing, or servicing of fixed fire extinguisher
   25-8  systems;
   25-9              (2) <(b)>  evaluate the qualifications of firms or
  25-10  individuals for a certificate of registration to engage in the
  25-11  business of installing or servicing portable fire extinguishers or
  25-12  planning, certifying, installing, or servicing fixed fire
  25-13  extinguisher systems;
  25-14              (3) <(c)>  conduct examinations to determine
  25-15  <ascertain> the qualifications and fitness of applicants for a
  25-16  license to install or service portable fire extinguishers or to
  25-17  plan, certify, install, or service fixed fire extinguisher systems;
  25-18              (4) <(d)>  issue certificates of registration for
  25-19  <those> firms that qualify under the rules to engage in the
  25-20  business of installing or servicing portable fire extinguishers or
  25-21  planning, certifying, installing, or servicing fixed fire
  25-22  extinguisher systems, and issue licenses, apprentice permits, and
  25-23  authorizations to perform hydrostatic testing to the firms or
  25-24  individuals who qualify;
  25-25              (5) <(e)>  evaluate the qualifications of firms seeking
  25-26  approval as testing laboratories; and
  25-27              (6) <(f)>  have authority, after notice and opportunity
   26-1  for hearing, to increase or decrease the limits of insurance
   26-2  coverage.
   26-3        Sec. 419.111 <9>.  Delegation of power by commission <state
   26-4  board of insurance>.  (a)  The commission <State Board of
   26-5  Insurance> may delegate the exercise of all or part of its
   26-6  functions, powers, and duties under this subchapter <article>,
   26-7  except for the issuance of licenses, certificates, and permits, to
   26-8  a Fire Extinguisher Advisory Council whose members shall be
   26-9  appointed by the commission <State Board of Insurance>.
  26-10        (b)  The advisory council shall assist in the review and
  26-11  formulation of rules adopted under this subchapter.  The advisory
  26-12  council periodically shall review commission rules implementing
  26-13  this subchapter and recommend changes in the rules to the
  26-14  commission.  Notwithstanding Section 5(f), Administrative Procedure
  26-15  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  26-16  Statutes), the commission shall submit all changes and additions to
  26-17  rules that implement this subchapter to the council for
  26-18  development.  If the commission does not approve a rule developed
  26-19  by the council, the commission shall indicate to the council the
  26-20  reasons that the commission did not approve the rule and return the
  26-21  rule to the council for further development <article in accordance
  26-22  with Section 417.0041, Government Code>.
  26-23        (c)  The members of the advisory council shall be:
  26-24              (1)  experienced and knowledgeable in one or more of
  26-25  the following areas:
  26-26                    (A)  fire services;
  26-27                    (B)<,> fire extinguisher manufacturing;
   27-1                    (C)<,> fire insurance inspection or underwriting;
   27-2  or
   27-3                    (D)<,> fire extinguisher servicing;<,> or
   27-4              (2)  <be> a member of a fire protection association or
   27-5  industrial safety association.
   27-6        Sec. 419.112 <10>.  Certain Acts Prohibited.  A <No> person
   27-7  or firm may not <do any of the following>:
   27-8              (1)  engage in the business of installing or servicing
   27-9  portable fire extinguishers without a valid certificate of
  27-10  registration;
  27-11              (2)  engage in the business of planning, certifying,
  27-12  installing, or servicing fixed fire extinguisher systems without a
  27-13  valid certificate of registration;
  27-14              (3)  install or service or certify the servicing of
  27-15  portable fire extinguishers or plan, certify, service, or install
  27-16  fixed fire extinguisher systems without a valid license;
  27-17              (4)  perform hydrostatic testing of fire extinguisher
  27-18  cylinders manufactured in accordance with the specifications and
  27-19  requirements of the United States Department of Transportation
  27-20  without a valid hydrostatic testing certificate of registration;
  27-21              (5)  obtain or attempt to obtain a certificate of
  27-22  registration or license by fraudulent representation;
  27-23              (6)  install or service portable fire extinguishers or
  27-24  plan, certify, service, or install fixed fire extinguisher systems
  27-25  in violation <contrary to the provisions> of this subchapter
  27-26  <article> or <the> rules adopted <formulated and administered>
  27-27  under <the authority of> this subchapter <article>;
   28-1              (7)  install, service, or hydrostatic test a fire
   28-2  extinguisher that does not have the proper identifying labels;
   28-3              (8)  sell, install, service, or recharge a carbon
   28-4  tetrachloride fire extinguisher; or
   28-5              (9)  violate <Subsection (a) of> Section 419.106(a) <5
   28-6  of this article>.
   28-7        Sec. 419.113 <11>.  Use of Money <Funds>.  All money <funds
   28-8  collected under <through the licensing and other provisions of>
   28-9  this subchapter, except <article, excepting> penalties and monetary
  28-10  forfeitures, shall be paid to the commission for deposit <State
  28-11  Board of Insurance and be deposited> in the State Treasury to the
  28-12  credit of the commission's <State Board of Insurance> operating
  28-13  fund established for <use in carrying out> the administration of
  28-14  this subchapter <article>.
  28-15        Sec. 419.114 <12>.  Penalties.  (a)  The commission <State
  28-16  Fire Marshal> may <refuse the issuance or renewal of,> suspend,
  28-17  <or> revoke, or refuse to issue or renew a certificate of
  28-18  registration, license, or permit if, after notice and hearing, the
  28-19  commission <he> finds that the applicant, registrant, licensee, or
  28-20  permit holder has engaged in acts that:
  28-21              (1)  <that> violate this subchapter <article>;
  28-22              (2)  <that> violate rules <or standards> adopted under
  28-23  <pursuant to> this subchapter <article>; or
  28-24              (3)  constitute <constituting> misrepresentation made
  28-25  in connection with the sale of products or services rendered.
  28-26        (b)  A person commits an offense if the person knowingly or
  28-27  intentionally violates Section 419.112 <10 of this article>.
   29-1        (c)  An offense under Subsection (b) of this section is a
   29-2  Class B misdemeanor.  Venue for the offense is in Travis County or
   29-3  the county in which the offense is committed.
   29-4           (Sections 419.115-419.150 reserved for expansion
   29-5         SUBCHAPTER G <Art. 5.43-2>.  Fire Detection and Alarm
   29-6                              Devices<.>
   29-7        Sec. 419.151 <1>.  Purpose.  The purpose of this subchapter
   29-8  <article> is to regulate the planning, certifying, leasing,
   29-9  selling, servicing, installing, monitoring, and maintaining of fire
  29-10  detection and fire alarm devices and systems and to prohibit fire
  29-11  detection and fire alarm devices and equipment not labeled or
  29-12  listed by a testing laboratory approved by the commission <State
  29-13  Board of Insurance>, in the interest of safeguarding lives and
  29-14  property.
  29-15        Sec. 419.152 <2>.  Definitions.  As used in this subchapter
  29-16  <article>:
  29-17              (1)  "Person" means a natural person, including an
  29-18  owner, manager, officer, employee, occupant, or individual.
  29-19              (2)  "Organization" means a corporation, government, or
  29-20  governmental subdivision or agency, business trust, estate, trust,
  29-21  partnership, firm or association, two or more persons having a
  29-22  joint or common interest, or any other legal or commercial entity.
  29-23              (3)  "Advisory council" means the fire detection and
  29-24  alarm devices advisory council established under Section 419.155.
  29-25  <a group of seven individuals to be appointed by the State Board of
  29-26  Insurance and experienced and knowledgeable in the following areas:
  29-27  three persons employed by any registered firm in the fire
   30-1  protection industry and that have a minimum of three years
   30-2  experience in the sale, installation, maintenance, or manufacturing
   30-3  of fire alarm or fire detection devices; two persons experienced in
   30-4  the engineering of fire prevention services or a member of a fire
   30-5  protection association; one person experienced and employed by a
   30-6  municipality or county as a fire prevention officer; and one person
   30-7  experienced and employed by any registered firm and who has at
   30-8  least three years experience in the operation of a central fire
   30-9  alarm monitoring station.>
  30-10              (4)  <"Board" means the State Board of Insurance>.
  30-11              <(5)>  "Sale" means sale or offering for sale, lease,
  30-12  or rent any merchandise, equipment, or service at wholesale or
  30-13  retail, to the public or any person, for an agreed sum of money or
  30-14  other consideration.
  30-15              (5) <(6)>  "Installation" means the initial placement
  30-16  of equipment or <and/or> the extension, modification, or alteration
  30-17  of equipment already in place.
  30-18              (6) <(7)>  "Maintenance" means to maintain in a
  30-19  condition of repair that will allow performance as originally
  30-20  designed or intended.
  30-21              (7) <(8)>  "Monitoring" means the receipt of fire alarm
  30-22  and supervisory signals and retransmission or communication of
  30-23  those signals to a fire service communications center that is
  30-24  located in this state or serves property in this state.
  30-25              (8) <(9)>  "Service<, servicing>" means inspecting,
  30-26  maintaining, repairing, or testing.
  30-27              (9) <(10)>  "Fire detection device" means any
   31-1  arrangement of materials, the sole function of which is to provide
   31-2  indication of fire, smoke, or combustion in its incipient stages.
   31-3              (10) <(11)>  "Fire alarm device" means any device
   31-4  capable, through audible or <and/or> visible means, of sounding or
   31-5  otherwise providing a warning that fire or combustion has taken or
   31-6  is taking place.
   31-7              (11) <(12)>  "Fire alarm technician" means a licensed
   31-8  individual <who shall be> designated by a registered firm to:
   31-9                    (A)  inspect and certify that each fire alarm or
  31-10  detection system as installed meets the standards required <as
  31-11  provided for> by law; or
  31-12                    (B)  perform or directly supervise the servicing,
  31-13  monitoring, or maintaining of a previously installed fire alarm
  31-14  device or system and to certify that <such> service or
  31-15  maintenance<.  A fire alarm technician may perform or supervise
  31-16  monitoring>.
  31-17              (12) <(13)>  "Fire alarm planning superintendent" means
  31-18  a licensed individual <who shall be> designated by a registered
  31-19  firm to plan a <any> fire alarm or detection system to conform
  31-20  <conforming> to applicable standards adopted by the National Fire
  31-21  Protection Association <standards> or other adopted standards and
  31-22  to certify that each planned fire alarm or detection system <as
  31-23  planned> meets the standards required <as provided> by law.  A fire
  31-24  alarm planning superintendent may act <can function> as a fire
  31-25  alarm technician or a residential fire alarm superintendent.
  31-26              (13) <(14)>  "Insurance agent" means:
  31-27                    (A)  a person, firm, or corporation licensed
   32-1  under Article 21.14 or 1.14-2, Insurance Code <of this code>;
   32-2                    (B)  a salaried, state, or special agent; or
   32-3                    (C)  a person authorized to represent an
   32-4  insurance fund or pool created by a city, county, or other
   32-5  political subdivision of the state under Chapter 791 <The
   32-6  Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil
   32-7  Statutes)>.
   32-8              (14) <(15)>  "Registered firm" means a person or
   32-9  organization holding a certificate of registration.
  32-10              (15) <(16)>  "Residential fire alarm superintendent"
  32-11  means a licensed individual <who shall be> designated by a
  32-12  registered firm to plan a residential single-family or two-family
  32-13  fire alarm or detection system to conform <conforming> to
  32-14  applicable standards adopted by the National Fire Protection
  32-15  Association <standards> or other adopted standards and to certify
  32-16  that each planned fire alarm or detection system <as planned> meets
  32-17  the standards required <as provided> by law.  A residential fire
  32-18  alarm superintendent may act <can function> as a fire alarm
  32-19  technician.
  32-20        Sec. 419.153 <3>.  Exceptions.  (a)  The provisions of this
  32-21  subchapter <article> and the rules adopted <and regulations
  32-22  promulgated> under this subchapter <article shall> have uniform
  32-23  force and effect throughout the state and a <no> municipality or
  32-24  county may not <shall> enact any ordinances or<,> rules<, or
  32-25  regulations> inconsistent with the provisions of this subchapter
  32-26  <article> or rules adopted under <and regulations promulgated
  32-27  pursuant to> this subchapter, <article> and any inconsistent <such>
   33-1  ordinances or<,> rules<, or regulations> are void and <shall> have
   33-2  no effect.  A<; provided, however, that a> municipality or county
   33-3  may <shall have the right to>:
   33-4              (1)  mandate that a fire alarm or detection system be
   33-5  installed in certain facilities, if the <so long as said>
   33-6  installation conforms to applicable state law; and
   33-7              (2)  require a better type of alarm or detection system
   33-8  or otherwise safer conditions than the minimum required by state
   33-9  law.
  33-10        (b)  The licensing provisions of this subchapter do <article
  33-11  shall>  not apply to:
  33-12              (1)  a person or organization in the business of
  33-13  building construction that installs electrical wiring and devices
  33-14  that may include in part the installation of a fire alarm or
  33-15  detection system if:
  33-16                    (A)  the person or organization is a party to a
  33-17  contract that provides that the installation will be performed
  33-18  under the direct supervision of and certified by a licensed
  33-19  employee or agent of a firm registered to install and certify
  33-20  <such> an alarm or detection device and that the registered firm
  33-21  assumes full responsibility for the installation of the alarm or
  33-22  detection device; and
  33-23                    (B)  the person or organization does not plan,
  33-24  certify, lease, sell, service, or maintain fire alarms or detection
  33-25  devices or systems;
  33-26              (2)  a person or organization that owns and installs
  33-27  fire detection or fire alarm devices on the person's or
   34-1  organization's own property or, if the person or organization does
   34-2  not charge for the device or its installation, installs it for the
   34-3  protection of the person's or organization's personal property
   34-4  located on another's property and does not install the devices as a
   34-5  normal business practice on the property of another;
   34-6              (3)  a person who holds a license or other form of
   34-7  permission issued by a municipality <an incorporated city or town>
   34-8  to practice as an electrician and who installs fire or smoke
   34-9  detection and alarm devices only in a <no> building that is <other
  34-10  than> a single-family <single family> or multifamily residence if:
  34-11                    (A)  the devices installed are single station
  34-12  detectors; and
  34-13                    (B)  all installations comply with provisions of
  34-14  the adopted edition of Household Fire Warning Equipment, National
  34-15  Fire Protection Association Standard No. 74;
  34-16              (4)  a person or organization that sells fire detection
  34-17  or fire alarm devices if:
  34-18                    (A)  the sales are exclusively over-the-counter
  34-19  or by mail order; and
  34-20                    (B)  <if> the person or organization does not
  34-21  plan, certify, install, service, or maintain this equipment;
  34-22              (5)  a response to a fire alarm or detection device by
  34-23  a law enforcement agency or fire department or by a law enforcement
  34-24  officer or fire fighter <fireman> acting in an official capacity;
  34-25              (6)  a Texas registered professional engineer acting
  34-26  solely in the engineer's <his> professional capacity;
  34-27              (7)  a person or an organization that provides and
   35-1  installs at no charge to the property owners or residents a
   35-2  battery-powered smoke detector in a single-family or two-family
   35-3  residence if:
   35-4                    (A)  the smoke detector bears a label of listing
   35-5  or approval by a testing laboratory approved by the commission
   35-6  <State Board of Insurance>;
   35-7                    (B)  the installation complies with provisions of
   35-8  the adopted edition of National Fire Protection Association
   35-9  Standard No. 74;
  35-10                    (C)  the installers are knowledgeable in fire
  35-11  protection and the proper use of smoke detectors; and
  35-12                    (D)  the detector is a single station
  35-13  installation and not a part of or connected to any other detection
  35-14  device or system;
  35-15              (8)  a regular employee of a registered firm who is
  35-16  under the direct supervision of a licensee;
  35-17              (9)  a building owner, the owner's managing agent, or
  35-18  their employees who install battery-operated single-station smoke
  35-19  detectors or who monitor fire alarm or fire detection devices or
  35-20  systems in the owner's building if<, and in which> the monitoring:
  35-21                    (A)  is performed at the owner's property;
  35-22                    (B)  is performed <and monitored> at no charge to
  35-23  the occupants of the building;
  35-24                    (C)<, and> complies with applicable standards of
  35-25  the National Fire Protection Association <as may be> adopted by
  35-26  rule <promulgated> under this subchapter; <Act,> and
  35-27                    (D)  uses <utilizes> equipment approved by a
   36-1  testing laboratory approved by the commission <State Board of
   36-2  Insurance> for fire alarm monitoring; or
   36-3              (10)  a person employed by a registered firm that sells
   36-4  and installs a smoke or heat detector in a single-family or
   36-5  two-family residence if:
   36-6                    (A)  the detector bears a label of listing or
   36-7  approval by a testing laboratory approved by the commission <State
   36-8  Board of Insurance>;
   36-9                    (B)  the installation complies with provisions of
  36-10  the adopted edition of National Fire Protection Association
  36-11  Standard No. 74;
  36-12                    (C)  the installers are knowledgeable in fire
  36-13  protection and the proper use and placement of detectors; and
  36-14                    (D)  the detector is a single station
  36-15  installation and not a part of or connected to any other detection
  36-16  device or system.
  36-17        (c)  Registered companies, licensees, and employees of
  36-18  licensees are <shall> not <be> required to obtain any registration,
  36-19  franchise, or license from or pay any fee or franchise tax to or
  36-20  post any bond with <by> any municipality, county, or other
  36-21  political subdivision of this state to engage in business or
  36-22  perform any activities authorized under this subchapter, except
  36-23  that <Act.  Notwithstanding any other provisions of this section,>
  36-24  a municipality or county may:
  36-25              (1)  require a registered firm to obtain a permit and
  36-26  pay a fee <therefor> for the permit for the installation of a fire
  36-27  alarm or fire detection device or system; and
   37-1              (2)  require that the installation of a fire alarm or
   37-2  fire detection device or <such> system be in conformance with the
   37-3  building code or other construction requirements of the
   37-4  municipality or county and state law, but without imposing <may not
   37-5  impose> qualification or financial responsibility requirements
   37-6  other than proof of a valid certificate of registration.
   37-7        Sec. 419.154 <4>.  Administration.  The commission <board>
   37-8  shall administer this subchapter <article> and it may issue rules
   37-9  <and regulations which it considers> necessary to its
  37-10  administration <through the state fire marshal>.  The commission
  37-11  <board>, in adopting <promulgating necessary> rules <and
  37-12  regulations>, may use <utilize> recognized standards, including
  37-13  <such as, but not limited to,> those of the National Fire
  37-14  Protection Association, the National Electrical Code, those
  37-15  recognized by federal law or regulation, those published by any
  37-16  nationally recognized standards-making organization, or any
  37-17  information furnished by individual manufacturers.
  37-18        Sec. 419.155.  FIRE DETECTION AND ALARM DEVICES ADVISORY
  37-19  COUNCIL.  (a)  The fire detection and alarm devices advisory
  37-20  council consists of seven individuals appointed by the commission.
  37-21        (b)  Members of the advisory council must include:
  37-22              (1)  three persons employed by a registered firm in the
  37-23  fire protection industry with a minimum of three years' experience
  37-24  in the sale, installation, maintenance, or manufacturing of fire
  37-25  alarm or fire detection devices;
  37-26              (2)  two persons experienced in the engineering of fire
  37-27  prevention services or a member of a fire protection association;
   38-1              (3)  one person experienced and employed by a
   38-2  municipality or county as a fire prevention officer; and
   38-3              (4)  one person experienced and employed by a
   38-4  registered firm with at least three years' experience in the
   38-5  operation of a central fire alarm monitoring station.
   38-6        (c)  The advisory council periodically shall review
   38-7  commission rules implementing this subchapter and recommend changes
   38-8  in the rules to the commission.  Notwithstanding Section 5(f),
   38-9  Administrative Procedure and Texas Register Act (Article 6252-13a,
  38-10  Vernon's Texas Civil Statutes), the commission shall submit all
  38-11  changes and additions to rules that implement this subchapter to
  38-12  the council for development.  If the commission does not approve a
  38-13  rule developed by the council, the commission shall indicate to the
  38-14  council the reasons that the commission did not approve the rule
  38-15  and return the rule to the council for further development.
  38-16        <Sec. 4A.  TRANSFER OF POWERS AND DUTIES.  The powers and
  38-17  duties assigned to the State Board of Insurance under this article
  38-18  are transferred to the Texas Commission on Fire Protection.  The
  38-19  commission and the board by rule may make and adopt memoranda of
  38-20  understanding under which the board will exercise certain powers
  38-21  and duties under this article if it is more appropriate for the
  38-22  board to do so.>
  38-23        Sec. 419.156 <5>.  Registration and Licensing.  (a)  Each
  38-24  person or organization engaged in the business of planning,
  38-25  certifying, leasing, selling, servicing, installing, monitoring, or
  38-26  maintaining fire alarm or fire detection devices or systems must
  38-27  <shall> have a certificate of registration issued by the commission
   39-1  <board>.  The initial fee for the certificate of registration must
   39-2  be in an amount not to exceed $500 and the renewal fee for each
   39-3  year thereafter must be in an amount not to exceed $500.  A
   39-4  registered person or firm shall retain at least one fire alarm
   39-5  technician, residential fire alarm superintendent, or fire alarm
   39-6  planning superintendent as an employee.   A limited certificate of
   39-7  registration may be issued to persons or organizations whose
   39-8  business is restricted to monitoring.
   39-9        (b)  Each separate office location of a registered firm,
  39-10  other than the location identified on the certificate of
  39-11  registration, shall have a branch office registration certificate
  39-12  issued by the commission <board>.  The initial fee for this branch
  39-13  office registration certificate must be in an amount not to exceed
  39-14  $150 and the renewal fee for each year thereafter must be in an
  39-15  amount not to exceed $150.  The commission <board> shall identify
  39-16  each branch office location as a part of a registered organization
  39-17  before a branch office registration certificate may be issued.
  39-18        (c)  Each fire alarm technician, residential fire alarm
  39-19  superintendent, or fire alarm planning superintendent must obtain a
  39-20  license issued by the commission <board>.  The initial fee for the
  39-21  license must be in an amount not to exceed $100 and the renewal fee
  39-22  for each year thereafter must be in an amount not to exceed $100.
  39-23  A nonrefundable fee for the initial examination may <must> not
  39-24  exceed $30.  A nonrefundable fee not to exceed $20 shall be charged
  39-25  for each reexamination.
  39-26        (d)  A fee in an amount not to exceed $20 shall be charged
  39-27  for a duplicate certificate of registration or license issued by
   40-1  the commission <board> and for any requested change to a
   40-2  certificate of registration or license.
   40-3        (e) <(f)>  A person licensed under <pursuant to> this
   40-4  subchapter must <article shall> be an employee or agent of an
   40-5  organization that holds a valid certificate of registration.
   40-6        (f) <(h)>  A certificate of registration or license issued
   40-7  under this subchapter <article> is not transferable.
   40-8        (g) <(i)>  The commission <board> shall, within the limits
   40-9  fixed by this section, prescribe the fees to be charged under this
  40-10  section.
  40-11        Sec. 419.157 <5A>.  Expiration Dates of Licenses.  Each
  40-12  renewal of a certificate of registration or license issued under
  40-13  this subchapter <article> is valid for a period of two years.  The
  40-14  fee for both years is payable on renewal.
  40-15        Sec. 419.158 <5B>.  Required insurance.  (a)  The commission
  40-16  may <board shall> not issue a certificate of registration under
  40-17  this subchapter <article> unless the applicant files with the
  40-18  commission <board> evidence of a general liability insurance policy
  40-19  that includes products and completed operations coverage.  The
  40-20  policy must <shall> be conditioned to pay on behalf of the insured
  40-21  those sums that the insured becomes legally obligated to pay as
  40-22  damages because of bodily injury and property damage caused by an
  40-23  occurrence involving the insured or the insured's <servant,>
  40-24  officer, agent, or employee in the conduct of any business
  40-25  registered or licensed under this subchapter <article>.
  40-26        (b)  The limits of insurance coverage required by Subsection
  40-27  (a) may <of this section shall> not be less than $100,000 combined
   41-1  single limits for bodily injury and property damage for each
   41-2  occurrence and not less than $300,000 aggregate for all occurrences
   41-3  per policy year, unless the commission <board> increases or
   41-4  decreases those limits under Section 419.163 <6 of this article>.
   41-5        (c)  The evidence of general liability insurance required by
   41-6  this section must be in the form of a certificate of insurance
   41-7  executed by an insurer authorized to do business in this state and
   41-8  countersigned by an insurance agent licensed in this state.  A
   41-9  certificate of insurance for surplus lines coverage procured in
  41-10  compliance with Article 1.14-2, Insurance Code, <of this code>
  41-11  through a licensed Texas surplus lines agent resident in this state
  41-12  may be filed with the commission <board> as evidence of coverage
  41-13  required by this section.  Insurance certificates executed and
  41-14  filed with the commission <board> under this section remain in
  41-15  force until the insurer has terminated future liability by the
  41-16  notice required by the commission <board>.
  41-17        (d)  Failure to maintain the liability insurance required
  41-18  under this section constitutes grounds for the denial, suspension,
  41-19  or revocation of a certificate of registration issued under this
  41-20  subchapter <article> after notice and opportunity for hearing.
  41-21        (e)  For a person who is licensed to install or service
  41-22  burglar alarms under the Private Investigators and Private Security
  41-23  Agencies Act<, as amended> (Article 4413(29bb), Vernon's Texas
  41-24  Civil Statutes), compliance with the insurance requirements of that
  41-25  Act constitutes compliance with the insurance requirements of this
  41-26  section if the insurance held by the person complies with the
  41-27  requirements of this section in amounts and types of coverage.
   42-1        (f)  For a person who is licensed to install or service
   42-2  burglar alarms under the Private Investigators and Private Security
   42-3  Agencies Act<, as amended> (Article 4413(29bb), Vernon's Texas
   42-4  Civil Statutes), compliance with the bond and insurance
   42-5  requirements of that Act constitutes compliance with the bond and
   42-6  insurance requirements of this section.
   42-7        Sec. 419.159 <5C>.  Renewal.  (a)  An unexpired license or
   42-8  registration may be renewed by paying the required renewal fee to
   42-9  the commission <board> before the expiration of the license or
  42-10  registration.  If a license or registration has been expired for
  42-11  not longer than 90 days, the license or registration may be renewed
  42-12  by paying to the commission <board> the required renewal fee and a
  42-13  fee that is not to exceed one-fourth of the original fee for the
  42-14  license or registration.  If a license or registration has been
  42-15  expired for longer than 90 days but less than two years, the
  42-16  license or registration may be renewed by paying to the commission
  42-17  <board> all unpaid renewal fees and a fee that is not to exceed the
  42-18  original fee for the license or registration.  If a license or
  42-19  registration has been expired for two years or longer, the license
  42-20  or registration may not be renewed.  A new license or registration
  42-21  may be obtained by complying with the requirements and procedures
  42-22  for obtaining an original license or registration.  At least 30
  42-23  days before the expiration of a license or registration, the
  42-24  commission <State Fire Marshal> shall send written notice of the
  42-25  impending license or registration expiration to the licensee or
  42-26  registrant to the <at his or its> last known address of the
  42-27  licensee or registrant.  This section may not be construed to
   43-1  prevent the commission <board> from denying or refusing to renew a
   43-2  license under applicable law or rules of the commission <State
   43-3  Board of Insurance>.
   43-4        (b)  The commission <State Board of Insurance> by rule may
   43-5  adopt a system under which licenses and registrations expire on
   43-6  various dates during the year.  For the year in which the license
   43-7  or registration expiration date is less than one year from its
   43-8  issuance or anniversary date, the fee shall be prorated on a
   43-9  monthly basis so that each licensee or registrant shall pay only
  43-10  that portion of the fee that is allocable to the number of months
  43-11  during which the license or registration is valid.  On each
  43-12  subsequent renewal, the total renewal fee is payable.
  43-13        (c)  A license or registration issued under this subchapter
  43-14  expires <Act shall expire> at 12 midnight on the date printed on
  43-15  the license or registration.  A renewal application and fee for
  43-16  license or registration must be postmarked on or before the date of
  43-17  expiration to be accepted as timely.  If a renewal application is
  43-18  not complete but there has been no lapse in the required insurance,
  43-19  the applicant shall have 30 days from the time that the applicant
  43-20  is notified by the commission <board> of the deficiencies in the
  43-21  renewal application to submit any additional requirement.  If an
  43-22  applicant fails to respond and correct all deficiencies in a
  43-23  renewal application within the 30-day period, a late fee may be
  43-24  charged.
  43-25        Sec. 419.160 <5D>.  Examination.  Not later than the 30th day
  43-26  after the date that <day on which> an examination is administered
  43-27  under this subchapter <article>, the commission <State Fire
   44-1  Marshal> shall send notice <to each examinee> of the results of the
   44-2  examination to each person who took the examination.  If an
   44-3  examination is conducted, graded, or reviewed by a testing service,
   44-4  the commission <State Fire Marshal> shall send notice <to the
   44-5  examinees> of the results of the examination to each person who
   44-6  took the examination within two weeks after the date that <on
   44-7  which> the commission <State Fire Marshal> receives the results
   44-8  from the testing service.  If the notice of the examination results
   44-9  will be delayed for longer than 90 days after the examination date,
  44-10  the commission <State Fire Marshal> shall send notice <to the
  44-11  examinee> of the reason for the delay to each person who took the
  44-12  examination before the 90th day.  If requested in writing by a
  44-13  person who fails the examination administered under this subchapter
  44-14  <article>, the commission <State Fire Marshal> shall send to the
  44-15  person an analysis of the person's performance on the examination.
  44-16        Sec. 419.161 <5E>.  Continuing Education.  The commission
  44-17  <State Board of Insurance may adopt procedures for certifying and>
  44-18  may certify continuing education programs.  Participation in the
  44-19  programs is voluntary.
  44-20        Sec. 419.162 <5F>.  License by Reciprocity.  The commission
  44-21  <board> may waive any license requirement for an applicant with a
  44-22  valid license from another state that has <having> license
  44-23  requirements substantially equivalent to those of this state.
  44-24        Sec. 419.163 <6>.  Powers and duties of commission <The State
  44-25  Board of Insurance>.  (a)  The commission <board shall delegate
  44-26  authority to exercise all or part of its functions, powers, and
  44-27  duties under this article, including the issuance of certificates
   45-1  and licenses, to the state fire marshal, and the state fire marshal
   45-2  along> with the assistance of the <an> advisory council <to be
   45-3  appointed by the board> shall implement <such> rules <as may be>
   45-4  determined by the commission <board in accordance with Section
   45-5  417.0041, Government Code> to be essentially necessary for the
   45-6  protection and preservation of life and property in controlling:
   45-7              (1)  the registration of persons and organizations
   45-8  engaging in the business of planning, certifying, leasing, selling,
   45-9  servicing, installing, monitoring, or maintaining fire alarm or
  45-10  fire detection devices or systems; and
  45-11              (2)  the requirements for the planning, certifying,
  45-12  leasing, selling, servicing, installing, monitoring, or maintaining
  45-13  of fire alarm or fire detection devices or systems by:
  45-14                    (A)  conducting examinations and evaluating the
  45-15  qualifications of applicants for a certificate of registration to
  45-16  engage in the business of planning, certifying, leasing, selling,
  45-17  servicing, installing, monitoring, or maintaining fire alarm or
  45-18  fire detection devices or systems;
  45-19                    (B)  conducting examinations and evaluating the
  45-20  qualifications of applicants for fire alarm technician, residential
  45-21  fire alarm superintendent, or fire alarm planning superintendent
  45-22  licenses;
  45-23                    (C)  evaluating and determining which
  45-24  organizations shall be approved as testing laboratories for the
  45-25  purpose of this subchapter <article>; and
  45-26                    (D)  evaluating and approving required training
  45-27  programs for all persons who engage in the business of planning,
   46-1  certifying, leasing, selling, servicing, installing, monitoring, or
   46-2  maintaining fire alarm or fire detection devices or systems.
   46-3        (b)  The commission <board> may, after notice and opportunity
   46-4  for hearing, increase or decrease the limits of insurance coverage.
   46-5        Sec. 419.164 <7>.  Certain acts prohibited.  A <No> person or
   46-6  organization may not <do any of the following>:
   46-7              (1)  plan, certify, lease, sell, service, install,
   46-8  monitor, or maintain fire alarm or fire detection devices or
   46-9  systems without a valid license or certificate of registration;
  46-10              (2)  obtain or attempt to obtain a license or
  46-11  certificate of registration by fraudulent representation; or
  46-12              (3)  plan, certify, lease, sell, service, install,
  46-13  monitor, or maintain fire alarm or fire detection devices or
  46-14  systems contrary to the provisions of this subchapter <article> or
  46-15  the rules adopted <formulated> by the commission <board> under <the
  46-16  authority of> this subchapter <article>.
  46-17        Sec. 419.165 <8>.  Fees Collected.  The fees <herein provided
  46-18  for, when> collected under this chapter<,> shall be deposited in
  46-19  the State Treasury to the credit of the commission <State Board of
  46-20  Insurance> operating fund.
  46-21        Sec. 419.166 <9>.  Selling or leasing fire alarm or fire
  46-22  detection devices.  (a)  A <Except as provided in Subsection (b) of
  46-23  this section, no> detection or alarm device, alarm system, or
  46-24  monitoring equipment, a purpose of which is to detect or <and/or>
  46-25  give alarm of fire, may not be sold, offered for sale, leased,
  46-26  installed, or used to monitor property in this state unless it
  46-27  carries a label of approval or listing of a testing laboratory
   47-1  approved by the commission.  The <State Board of Insurance;
   47-2  provided, however, that the> continued use or monitoring of
   47-3  equipment in place that <which> complied with applicable law at the
   47-4  time of its original placement, without extension, modification, or
   47-5  alteration is not prohibited.
   47-6        (b)  A <No> detection or alarm device, alarm system, or
   47-7  monitoring equipment in one-family or two-family residences, a
   47-8  purpose of which is to detect or <and/or> give alarm of fire, may
   47-9  not be sold, offered for sale, leased, installed, or used to
  47-10  monitor property in this state <after April 14, 1989,> unless it
  47-11  carries a label of approval or listing of a testing laboratory
  47-12  approved by the commission.  The <State Board of Insurance;
  47-13  provided, however, that the> continued use or monitoring of
  47-14  equipment in place that <which> otherwise complied with applicable
  47-15  law at the time of its original placement, without extension,
  47-16  modification, or alteration is not prohibited.
  47-17        (c)  Fire alarm devices that are not required by this
  47-18  subchapter <statute> or rules adopted under this subchapter
  47-19  <statute> and that do not impair the operation of fire alarm or
  47-20  fire detection devices required by this statute  or the rules
  47-21  adopted under this subchapter <statute> are exempt from the
  47-22  requirement of a label of approval or listing of a testing
  47-23  laboratory approved by the commission <Board> if the <such> devices
  47-24  are approved by the local authority having jurisdiction.
  47-25        (d)  A <No> fire detection or fire alarm device may not be
  47-26  sold or installed in this state unless accompanied by printed
  47-27  information supplied to the owner by the supplier or installing
   48-1  contractor concerning:
   48-2              (1)  instructions describing the installation,
   48-3  operation, testing, and proper maintenance of the device;
   48-4              (2)  information that <which> will aid in establishing
   48-5  an emergency evacuation plan for the protected premises; and
   48-6              (3)  the telephone number and location, including
   48-7  notification procedures, of the nearest fire department.
   48-8        (e)  Each registered firm that employs persons that are
   48-9  exempt from the licensing provisions of this subchapter under
  48-10  <article pursuant to> Section 419.153(b)(10) <3(b)(10) of this
  48-11  article> is required to appropriately train and supervise the
  48-12  <such> exempt persons so as to ensure that each installation
  48-13  complies with the adopted provisions of National Fire Protection
  48-14  Standard No. 74 or other adopted standards, that each smoke or heat
  48-15  detector installed or sold carries a label or listing of approval
  48-16  by a testing laboratory approved by the commission <State Board of
  48-17  Insurance>, and that the <such> exempt persons are knowledgeable in
  48-18  fire protection and the proper use and placement of detectors.
  48-19        Sec. 419.167 <10>.  Applications and hearings on licenses and
  48-20  certificates.  (a)  Applications and qualifications for
  48-21  certificates and licenses issued under this subchapter <hereunder>
  48-22  shall be made under <pursuant to> rules <and regulations> adopted
  48-23  by the commission <board>.
  48-24        (b)  The commission <State Fire Marshal> may refuse to issue
  48-25  or renew or may suspend or revoke a certificate of registration or
  48-26  license if, after notice and hearing, the commission <he> finds
  48-27  that the applicant, registrant, or licensee has engaged in acts:
   49-1              (1)  that violate this subchapter <article>;
   49-2              (2)  that violate rules or standards adopted under
   49-3  <pursuant to> this subchapter <article>; or
   49-4              (3)  constituting misrepresentation made in connection
   49-5  with the sale of products or services rendered.
   49-6        (c)  A certificate of registration, license, or testing
   49-7  laboratory approval may be denied, or <same duly issued> may be
   49-8  suspended or revoked, or the renewal may be <thereof> refused, if,
   49-9  after notice and public hearing, the commission <board, through the
  49-10  State Fire Marshal,> finds from the evidence presented at the
  49-11  <said> hearing that one or more provisions of this subchapter
  49-12  <article> or of any rule adopted <or regulation promulgated> under
  49-13  this subchapter <article> has been violated.
  49-14        (d)  A person or organization that has had a certificate of
  49-15  registration, license, or testing laboratory approval revoked may
  49-16  not reapply for the certificate, license, or approval within one
  49-17  year from the date of revocation.  A person or organization
  49-18  reapplying under this subsection must request a public hearing to
  49-19  show cause why a certificate of registration, license, or testing
  49-20  laboratory approval should not be denied.
  49-21        Sec. 419.168 <11>.  Penalties.  (a)  In addition to any other
  49-22  penalties, any person or organization that performs a function that
  49-23  requires a certificate of registration or license under this
  49-24  subchapter <as described herein> without first obtaining the <such>
  49-25  certificate of registration or license commits an offense.
  49-26        (b)  An offense under Subsection (a) is a Class B
  49-27  misdemeanor, venue for which is in Travis County or in the county
   50-1  in which the offense is committed.
   50-2           (Sections 419.169-419.200 reserved for expansion
   50-3        SUBCHAPTER H <Art. 5.43-3>.  Fire Protection Sprinkler
   50-4                              Systems<.>
   50-5        Sec. 419.201 <1>.  Definitions.  In this subchapter
   50-6  <article>:
   50-7              (1)  "Person" means a natural person, including an
   50-8  owner, manager, officer, employee, or occupant.
   50-9              (2)  "Organization" means a corporation, a partnership
  50-10  or other business association, a governmental entity, or any other
  50-11  legal or commercial entity.
  50-12              (3)  <"Board" means the State Board of Insurance>.
  50-13              <(4)>  "Advisory council <Council>" means the Fire
  50-14  Protection Advisory Council established under Section 419.210
  50-15  <consisting of seven members appointed by the State Board of
  50-16  Insurance>.
  50-17              (4) <(5)>  "Installation" means the initial placement
  50-18  of equipment or the extension, modification, or alteration of
  50-19  equipment after the initial placement.
  50-20              (5) <(6)>  "Maintenance" means to maintain in the
  50-21  condition of repair that provides performance as originally
  50-22  planned.
  50-23              (6) <(7)>  "Service" means to maintain, repair, or
  50-24  test.
  50-25              (7) <(8)>  "Fire protection sprinkler system
  50-26  contractor" means a person or organization that offers to
  50-27  undertake, represents itself as being able to undertake, or does
   51-1  undertake the plan, sale, installation, maintenance, or servicing
   51-2  of a fire protection sprinkler system or any part of <such> a
   51-3  system.
   51-4              (8) <(9)>  "Fire protection sprinkler system" means an
   51-5  assembly of underground or overhead piping or conduits that conveys
   51-6  water with or without other agents to dispersal openings or devices
   51-7  to extinguish, control, or contain fire and to provide protection
   51-8  from exposure to fire or the products of combustion.
   51-9              (9) <(10)>  "Responsible managing employee" means an
  51-10  individual or individuals <who shall be> designated by each company
  51-11  that plans, sells, installs, maintains, or services a fire
  51-12  protection sprinkler system to assure that each fire protection
  51-13  sprinkler system as installed, maintained, or serviced meets the
  51-14  standards as provided for by law.
  51-15              (10) <(11)>  "Certificate of registration
  51-16  <Registration>" means the document issued to a fire protection
  51-17  sprinkler system contractor authorizing the contractor <same> to
  51-18  conduct business in this state.
  51-19              (11) <(12)>  "License" means the document issued to a
  51-20  responsible managing employee authorizing the employee <same> to
  51-21  engage in the fire protection sprinkler system business in this
  51-22  state.
  51-23              (12) <(13)>  "Registered firm" means a firm holding a
  51-24  valid certificate of registration.
  51-25              (13)  "Insurance agent" means:
  51-26                    (A)  a person, firm, or corporation licensed
  51-27  under Article 21.14 or 1.14-2, Insurance Code <of this code>;
   52-1                    (B)  a salaried, state, or special agent; or
   52-2                    (C)  a person authorized to represent an
   52-3  insurance fund or pool created by a city, county, or other
   52-4  political subdivision of the state under Chapter 791 <The
   52-5  Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil
   52-6  Statutes)>.
   52-7        Sec. 419.202 <2>.  Exceptions.  (a)  The provisions of this
   52-8  subchapter <article> and the rules adopted <and regulations
   52-9  promulgated> under this subchapter <article> shall have uniform
  52-10  force and effect throughout the state.  A municipality or county
  52-11  may not enact an order, ordinance or<,> rule<, or regulation>
  52-12  requiring a fire protection sprinkler system contractor to obtain a
  52-13  certificate of registration from the municipality or county.
  52-14  Notwithstanding any other provisions of this subchapter <Act>, a
  52-15  municipality or county may require a fire protection sprinkler
  52-16  system contractor to obtain a permit and pay a fee for the permit
  52-17  <therefor> for the installation of a fire protection sprinkler
  52-18  system and require the installation of the <such> system in
  52-19  conformance with the building code or other construction
  52-20  requirements of the municipality or county, but may not impose
  52-21  qualification or financial responsibility requirements other than
  52-22  proof of a valid certificate of registration.  A municipal or
  52-23  county order, ordinance or<,> rule<, or regulation> that is in
  52-24  effect on the effective date of the law codified by this subchapter
  52-25  <article> is not invalidated because of any provisions of this
  52-26  subchapter <article>.
  52-27        (b)  This subchapter <article> does not apply to:
   53-1              (1)  an employee of the United States, this state, or
   53-2  any political subdivision of this state who acts as a fire
   53-3  protection sprinkler system contractor for the employing
   53-4  governmental entity;
   53-5              (2)  the plan, sale, installation, maintenance, or
   53-6  servicing of a fire protection sprinkler system in any property
   53-7  owned by the United States or this state;
   53-8              (3)  a person or organization acting under court order
   53-9  as authorization;
  53-10              (4)  a person or organization that sells or supplies
  53-11  products or materials to a registered fire protection sprinkler
  53-12  system contractor;
  53-13              (5)  an installation, maintenance, or service project
  53-14  for which the total contract price for labor, materials, and all
  53-15  other services is less than $100, if:
  53-16                    (A)  the project is not a part of a complete or
  53-17  more costly project, whether the complete project is to be
  53-18  undertaken by one or more fire protection sprinkler system
  53-19  contractors; or
  53-20                    (B)  the project is not divided into contracts of
  53-21  less than $100 for the purpose of evading this subchapter
  53-22  <article>;
  53-23              (6)  a registered professional engineer acting solely
  53-24  in the engineer's <such> professional capacity;
  53-25              (7)  a regular employee of a registered fire protection
  53-26  sprinkler system contractor; or
  53-27              (8)  an owner or lessee of property that installs a
   54-1  fire protection sprinkler system on the owned or leased property
   54-2  for its own use or for the use by family members and does not offer
   54-3  the <such> property for sale or lease within one year after
   54-4  installation of a fire protection sprinkler system.
   54-5        Sec. 419.203 <3>.  ADMINISTRATION.  (a)  The commission
   54-6  <board> shall administer this subchapter <article> and may issue
   54-7  rules necessary to its administration <through the State Fire
   54-8  Marshal>.
   54-9        (b)  The commission <board>, in adopting necessary rules, may
  54-10  utilize recognized standards such as those adopted by a federal law
  54-11  or regulation, those published by nationally recognized
  54-12  standards-making organizations, or those developed by individual
  54-13  manufacturers.
  54-14        <Sec. 3A.  TRANSFER OF POWERS AND DUTIES.  The powers and
  54-15  duties assigned to the State Board of Insurance under this article
  54-16  are transferred to the Texas Commission on Fire Protection.  The
  54-17  commission and the board by rule may make and adopt memoranda of
  54-18  understanding under which the board will exercise certain powers
  54-19  and duties under this article if it is more appropriate for the
  54-20  board to do so.>
  54-21        Sec. 419.204 <4>.  REGISTRATION; LICENSING; FEES.  (a)  A
  54-22  fire protection sprinkler system contractor must apply to the
  54-23  commission <board> for a certificate of registration on a form
  54-24  prescribed by the commission <board>.  If the contractor is a
  54-25  partnership or joint venture, it need not register in its own name
  54-26  if each partner or joint venturer is registered.  The application
  54-27  fee for the certificate of registration must be in an amount not to
   55-1  exceed $100, and the fee for issuance of either the initial or the
   55-2  renewal certificate of registration must be in an amount not to
   55-3  exceed $1,200.
   55-4        (b)  Each fire protection sprinkler system contractor must
   55-5  employ at least one licensed responsible managing employee on a
   55-6  full-time basis.
   55-7        (c)  Each responsible managing employee must obtain a license
   55-8  issued by the commission <board> and conditioned on the successful
   55-9  completion of the examination requirement and other requirements
  55-10  prescribed by the rules adopted under this subchapter <article>.  A
  55-11  nonrefundable examination fee must be in an amount not to exceed
  55-12  $100 per examination.  The fee for the issuance of either the
  55-13  initial or the renewal responsible managing employee license must
  55-14  be in an amount not to exceed $200.
  55-15        (d)  A certificate of registration and a license are valid
  55-16  for a period of one year from the date of issue and are renewable
  55-17  annually on payment of the annual fee.  The<; provided, however,
  55-18  that the> initial certificates of registration or licenses <issued
  55-19  on or after September 1, 1983,> may be issued for periods of less
  55-20  than one year and the annual fee shall be prorated proportionally.
  55-21        (e)  The fee charged by the commission <board> for any
  55-22  request for a duplicate certificate of registration or license or
  55-23  any request requiring change to a certificate of registration or
  55-24  license must be in an amount not to exceed $70.
  55-25        (f)  Each certificate of registration and license issued
  55-26  under this subchapter <article> must be posted in a conspicuous
  55-27  place in the fire protection sprinkler system contractor's place of
   56-1  business.
   56-2        (g)  All bids, proposals, offers, and installation drawings
   56-3  for fire protection sprinkler systems must prominently display the
   56-4  fire protection sprinkler system contractor's certificate of
   56-5  registration number.
   56-6        (h)  A certificate of registration or license issued under
   56-7  this subchapter <article> is not transferable.
   56-8        (i)  The commission <board> shall, within the limits fixed by
   56-9  this section, prescribe the fees to be charged under this section.
  56-10  All fees collected under the provisions of this subchapter
  56-11  <article> shall be deposited in the State Treasury to the credit of
  56-12  the commission <State Board of Insurance> operating fund for use in
  56-13  carrying out the administration of this subchapter <article>.
  56-14        Sec. 419.205 <5>.  REQUIRED INSURANCE.  (a)  The commission
  56-15  may <board shall> not issue a certificate of registration under
  56-16  this subchapter <article> unless the applicant files with the
  56-17  commission <board> evidence of a general liability insurance policy
  56-18  that includes products and completed operations coverage.  The
  56-19  limits of insurance coverage required by this section shall be in
  56-20  an amount not less than $100,000 combined single limits for bodily
  56-21  injury and property damage for each occurrence and not less than
  56-22  $300,000 aggregate for all occurrences per policy year, unless the
  56-23  commission <board> increases or decreases the amounts under Section
  56-24  419.211 <7 of this article>.  The policy must <shall> be
  56-25  conditioned to pay on behalf of the insured those amounts that the
  56-26  insured is legally obligated to pay as damages because of bodily
  56-27  injury and property damage caused by an occurrence involving the
   57-1  insured or the insured's <servant,> officer, agent, or employee in
   57-2  the conduct of any business registered under this subchapter
   57-3  <article>.
   57-4        (b)  The evidence of general liability insurance required by
   57-5  this section must be in the form of a certificate of insurance
   57-6  executed by an insurer authorized to do business in this state and
   57-7  countersigned by an insurance agent licensed in this state.  A
   57-8  certificate of insurance for surplus lines coverage procured in
   57-9  compliance with Article 1.14-2, Insurance Code, <of this code> by a
  57-10  licensed Texas surplus lines agent resident in this state may be
  57-11  filed with the board as evidence of coverage required by this
  57-12  section. Insurance certificates executed and filed with the
  57-13  commission <board> under this section remain in force until the
  57-14  insurer has terminated future liability by the notice required by
  57-15  the commission <board>.
  57-16        (c)  Failure to maintain liability insurance required under
  57-17  this section constitutes grounds for the denial, suspension, or
  57-18  revocation of a certificate of registration issued under this
  57-19  subchapter <article> after notice and opportunity for hearing.
  57-20        Sec. 419.206 <5A>.  RENEWAL.  (a)  Each renewal of a license
  57-21  or certificate of registration issued under this subchapter
  57-22  <article> is valid for <a period of> two years.  The license or
  57-23  registration fee for each year of the two-year period is payable on
  57-24  renewal.
  57-25        (b)  An unexpired license or registration may be renewed by
  57-26  paying the required renewal fee to the commission <board> before
  57-27  the expiration date of the license or registration.  If a license
   58-1  or registration has been expired for not longer than 90 days, the
   58-2  license or registration may be renewed by paying to the commission
   58-3  <board> the required renewal fee and a fee that is one-half of the
   58-4  original fee for the license or registration.  If a license or
   58-5  registration has been expired for longer than 90 days but less than
   58-6  two years, the license or registration may be renewed by paying to
   58-7  the commission <board> all unpaid renewal fees and a fee that is
   58-8  equal to the original fee for the license or registration.  If a
   58-9  license or registration has been expired for two years or longer,
  58-10  the license or registration may not be renewed.  A new license or
  58-11  registration may be obtained by complying with the requirements and
  58-12  procedures for obtaining an initial license or registration.  At
  58-13  least 30 days before the expiration of a license or registration,
  58-14  the commission <board> shall send written notice of the impending
  58-15  license or registration expiration to the <licensee or registrant
  58-16  at his or its> last known address of the licensee or registrant.
  58-17  This section does <may> not <be construed to> prevent the
  58-18  commission <board> from denying or refusing to renew a license
  58-19  under applicable law or rules of the commission <board>.
  58-20        (c)  The commission <board> by rule may adopt a system under
  58-21  which licenses and registrations expire on various dates during the
  58-22  year.  For the year in which the license or registration expiration
  58-23  date is less than one year from its issuance or anniversary date,
  58-24  the fee shall be prorated on a monthly basis so that each licensee
  58-25  or registrant shall pay only that portion of the fee that is
  58-26  allocable to the number of months during which the license or
  58-27  registration is valid.  On each subsequent renewal, the total
   59-1  renewal fee is payable.
   59-2        Sec. 481.207 <5B>.  EXAMINATION.  Not later than the 30th day
   59-3  after the date that <day on which> an examination is administered
   59-4  under this subchapter <article>, the commission <board> shall send
   59-5  notice <to each examinee> of the results of the examination to each
   59-6  person who took the examination.   If an examination is graded or
   59-7  reviewed by a national testing service, the commission <board>
   59-8  shall send notice <to each examinee> of the results of the
   59-9  examination to each person who took the examination within two
  59-10  weeks after the date that <on which> the commission <board>
  59-11  receives the results from the testing service.  If the notice of
  59-12  the examination results will be delayed for longer than 90 days
  59-13  after the examination date, the commission <board> shall send
  59-14  notice <to each examinee> of the reason for the delay to each
  59-15  person who took the examination before the 90th day.   If requested
  59-16  in writing by a person who fails the examination administered under
  59-17  this subchapter <article>, the commission <board> shall send to the
  59-18  person an analysis of the person's performance on the examination.
  59-19        Sec. 419.208 <5C>.  CONTINUING EDUCATION.  The commission
  59-20  <board may adopt procedures for certifying and> may certify
  59-21  continuing education programs.  Participation in the programs is
  59-22  voluntary.
  59-23        Sec. 419.209 <5D>.  LICENSE BY RECIPROCITY.  The commission
  59-24  <board> may waive any license requirement for an applicant with a
  59-25  valid license from another state that has <having> license
  59-26  requirements substantially equivalent to those of this state.
  59-27        Sec. 419.210 <6>.  ADVISORY COUNCIL.  (a)  The Fire
   60-1  Protection Advisory Council is created.  The commission <board>
   60-2  shall appoint the members of the advisory council, who shall serve
   60-3  at the pleasure of the commission <board>.
   60-4        (b)  The advisory council, in addition to other duties
   60-5  delegated by the commission <board>, shall <in accordance with
   60-6  Section 417.0041, Government Code>:
   60-7              (1)  advise the commission <State Fire Marshal>
   60-8  concerning practices in the fire protection sprinkler system
   60-9  industry and the rules necessary to implement and administer this
  60-10  subchapter <article>; and
  60-11              (2)  make recommendations to the commission <State Fire
  60-12  Marshal> regarding forms and procedures for certificates of
  60-13  registration and licenses.
  60-14        (c)  The advisory council is composed of <shall have> seven
  60-15  members as follows:
  60-16              (1)  three individuals who have been actively engaged
  60-17  in the management of a fire protection sprinkler system business
  60-18  for not less than five years preceding their appointment;
  60-19              (2)  one representative of the engineering section of
  60-20  the <board's> property division of the Texas Department of
  60-21  Insurance;
  60-22              (3)  one member of the State Firemen's and Fire
  60-23  Marshal's Association of Texas; and
  60-24              (4)  one member from each of two fire departments of
  60-25  incorporated cities of this state.
  60-26        (d)  The advisory council periodically shall review
  60-27  commission rules implementing this subchapter and recommend changes
   61-1  in the rules to the commission.  Notwithstanding Section 5(f),
   61-2  Administrative Procedure and Texas Register Act (Article 6252-13a,
   61-3  Vernon's Texas Civil Statutes), the commission shall submit all
   61-4  changes and additions to rules that implement this subchapter to
   61-5  the council for development.  If the commission does not approve a
   61-6  rule developed by the council, the commission shall indicate to the
   61-7  council the reasons that the commission did not approve the rule
   61-8  and return the rule to the council for further development.
   61-9        Sec. 419.211 <7>.  POWERS AND DUTIES OF COMMISSION <BOARD>.
  61-10  (a)  The commission <board> may delegate authority to exercise all
  61-11  or part of its functions, powers, and duties under this subchapter
  61-12  <article>, including the issuance of licenses and certificates of
  61-13  registration, to the commission <State Fire Marshal>, who shall
  61-14  implement the rules adopted by the commission <board> for the
  61-15  protection and preservation of life and property in controlling:
  61-16              (1)  the registration of a person or an organization
  61-17  engaged in the business of planning, selling, installing,
  61-18  maintaining, or servicing fire protection sprinkler systems; and
  61-19              (2)  the requirements for the plan, sale, installation,
  61-20  maintenance, or servicing of fire protection sprinkler systems by:
  61-21                    (A)  determining the criteria and qualifications
  61-22  for certificates of registration holders;
  61-23                    (B)  evaluating the qualifications of an
  61-24  applicant for a certificate of registration to engage in the
  61-25  business of planning, selling, installing, maintaining, or
  61-26  servicing fire protection sprinkler systems and issuing
  61-27  certificates to qualified applicants;
   62-1                    (C)  determining the criteria and qualifications
   62-2  for licenses; and
   62-3                    (D)  conducting examinations and evaluating the
   62-4  qualifications of applicants for licenses and issuing licenses to
   62-5  qualified applicants.
   62-6        (b)  The commission <board> shall establish a procedure for
   62-7  reporting and processing complaints relating to the business of
   62-8  planning, selling, installing, maintaining, or servicing fire
   62-9  protection sprinkler systems in Texas.
  62-10        (c)  The commission <board> may, after notice and opportunity
  62-11  for hearing, increase or decrease the limits of insurance coverage.
  62-12        Sec. 419.212 <8>.  PROHIBITED ACTS.  A person or organization
  62-13  may not:
  62-14              (1)  plan, sell, install, maintain, or service a fire
  62-15  protection sprinkler system without a valid certificate of
  62-16  registration;
  62-17              (2)  act as a fire protection sprinkler system
  62-18  contractor under a certificate of registration without having at
  62-19  least one full-time employee who holds a valid responsible managing
  62-20  employee license, except<; provided, however,> that a person or
  62-21  organization with a current certificate of registration may act as
  62-22  a fire protection sprinkler system contractor for 30 days after the
  62-23  death or dissociation of its licensed responsible managing employee
  62-24  or for a <such> longer period as may be approved by the commission
  62-25  under <board pursuant to> the rules adopted under this subchapter
  62-26  <hereunder>;
  62-27              (3)  act as a responsible managing employee for a fire
   63-1  protection sprinkler system contractor without a valid license;
   63-2              (4)  obtain or attempt to obtain a certificate of
   63-3  registration or license by fraudulent representation; or
   63-4              (5)  plan, sell, install, maintain, or service a fire
   63-5  protection sprinkler system in violation of this subchapter
   63-6  <article> or the rules adopted under this subchapter <article>.
   63-7        Sec. 419.213 <9>.  DENIAL, SUSPENSION, OR REVOCATION OF
   63-8  CERTIFICATE OF REGISTRATION OR LICENSE.  (a)  The commission <State
   63-9  Fire Marshal> may refuse to issue or renew or may suspend or revoke
  63-10  a certificate of registration, license, or permit if, after notice
  63-11  and hearing, the commission <he> finds that the applicant,
  63-12  registrant, licensee, or permit holder has engaged in acts that:
  63-13              (1)  <that> violate this subchapter <article>;
  63-14              (2)  <that> violate rules <or standards> adopted under
  63-15  <pursuant to> this subchapter <article>; or
  63-16              (3)  constitute <constituting> misrepresentation made
  63-17  in connection with the sale of products or services rendered.
  63-18        (b)  Proceedings for the denial, suspension, or revocation of
  63-19  a certificate of registration or license and appeals from those
  63-20  proceedings are governed by the Administrative Procedure and Texas
  63-21  Register Act<, as amended> (Article 6252-13a, Vernon's Texas Civil
  63-22  Statutes).
  63-23        (c)  An <No> applicant, certificate of registration holder,
  63-24  or licensee whose certificate of registration or license has been
  63-25  denied, refused, or revoked under this subchapter, <hereunder
  63-26  (>except for the failure to pass a required written examination,
  63-27  may not <) shall be entitled to> file another application for a
   64-1  certificate of registration or license in the fire protection
   64-2  sprinkler system business in this state until the first anniversary
   64-3  of <within one year from> the effective date of the <such> denial,
   64-4  refusal, or revocation or, if judicial review of the <such> denial,
   64-5  refusal, or revocation is sought, until the first anniversary of
   64-6  <within one year from> the date of the final court order or decree
   64-7  affirming that <such> action.  The <Such> application, when filed
   64-8  after one year, may be denied unless the applicant shows good cause
   64-9  why the denial, refusal, or revocation of the certificate of
  64-10  registration or license should <shall> not be deemed a bar to the
  64-11  issuance of a new certificate of registration or license.
  64-12        Sec. 419.214 <10>.  Penalties.  (a)  A person commits an
  64-13  offense if the person knowingly or intentionally violates Section
  64-14  419.212 <8 of this article>.
  64-15        (b)  An offense under this section is a Class B misdemeanor.
  64-16        (c)  Venue for the offense is in Travis County or in the
  64-17  county in which the offense is committed.
  64-18        Sec. 419.215 <11>.  Prohibited Practice.  This subchapter
  64-19  does not <Nothing in this article shall> authorize a person or
  64-20  organization to practice professional engineering except in
  64-21  compliance with The Texas Engineering Practice Act<, as amended>
  64-22  (Article 3271a, Vernon's Texas Civil Statutes).
  64-23           (Sections 419.216-419.250 reserved for expansion
  64-24        SECTION 12.  Article 5.43-4, Insurance Code, is transferred
  64-25  to Subtitle A, Title 9, Health and Safety Code, redesignated as
  64-26  Chapter 757, and amended to read as follows:
  64-27               CHAPTER 757 <Art. 5.43-4>.  Fireworks<.>
   65-1        Sec. 757.001 <1>.  Definitions.  In this chapter <article>:
   65-2              (1)  "Commission" means the Texas Commission on Fire
   65-3  Protection <"Board" means the State Board of Insurance>.
   65-4              (2)  "Fireworks 1.3G" <"Class B fireworks" or "special
   65-5  fireworks"> means a large fireworks device designed primarily to
   65-6  produce visible or audible effects by combustion, deflagration, or
   65-7  detonation and that is classified as a Fireworks UN0335, Explosive
   65-8  1.3G <Class B> explosive by the United States Department of
   65-9  Transportation.
  65-10              (3)  "Fireworks 1.4G" <"Class C fireworks" or "common
  65-11  fireworks"> means a small fireworks device designed primarily to
  65-12  produce visible effects by combustion, that complies with the
  65-13  construction and chemical composition requirements of 16 C.F.R.
  65-14  Part 1507 (1984), or the most recently adopted version of that
  65-15  rule, and the labeling requirements of the United States Consumer
  65-16  Product Safety Commission, and that is classified as a Fireworks
  65-17  UN0036, Explosive 1.4G <Class C> explosive by the United States
  65-18  Department of Transportation.
  65-19              (4)  "Department" means the United States Department of
  65-20  Transportation.
  65-21              (5)  "Distributor" means a person or entity that sells
  65-22  fireworks to jobbers, retailers, or other distributors for resale
  65-23  to others.
  65-24              (6)  "Fireworks" means any composition or device
  65-25  designed to produce a visible or audible effect by combustion,
  65-26  explosion, deflagration, or detonation, and that is defined as
  65-27  Fireworks, UN0335, Exlosive 1.3G <"special fireworks"> by 49 C.F.R.
   66-1  Section 173.88(d) (1992) <(1983)>, or as Fireworks, UN-336,
   66-2  Explosive 1.4G <"common fireworks"> by 49 C.F.R. Section 173.100(r)
   66-3  (1992) <(1983)>.
   66-4              (7)  "Fire prevention officer" means the chief of a
   66-5  fire department, a fire marshal, the county fire marshal, the
   66-6  sheriff, a constable, any other local enforcement officer primarily
   66-7  responsible for fire prevention, or, if there is no local fire
   66-8  authority, the commission <state fire marshal>.
   66-9              (8)  "Illegal fireworks" means a fireworks device
  66-10  manufactured, distributed, or sold in violation of this chapter
  66-11  <article>.
  66-12              (9)  "Importer" means a person who imports fireworks
  66-13  from a foreign country or from another state for sale to
  66-14  distributors or jobbers in this state.
  66-15              (10)  "Jobber" means a person who purchases fireworks
  66-16  for resale to retailers only.
  66-17              (11)  "Manufacturer" means a person, firm, corporation,
  66-18  or association that engages in the making of fireworks.
  66-19              (12)  "Person" means an individual or entity, including
  66-20  an owner, manager, officer, employee, or occupant.
  66-21              (13)  "Public display" means the igniting of <Class B>
  66-22  fireworks 1.3G for public or private amusement.
  66-23              (14)  "Pyrotechnic operator" means an individual who,
  66-24  by experience, training, and passing any required examination, has
  66-25  demonstrated the necessary skill and ability for safely assembling,
  66-26  discharging, and supervising public displays of <Class B> fireworks
  66-27  1.3G.
   67-1              (15)  "Retailer" means a person who purchases fireworks
   67-2  for resale to the general public only.
   67-3              (16)  "Sale" means the sale or offering for sale any
   67-4  merchandise, equipment, or service, at wholesale or retail, to the
   67-5  public or to any person, for an agreed sum of money or other
   67-6  consideration.
   67-7              (17)  <"State fire marshal" means the chief law
   67-8  enforcement officer of the state charged with the responsibility of
   67-9  fire prevention.>
  67-10              <(18)>  "Insurance agent" means:
  67-11                    (A)  a person, firm, or corporation licensed
  67-12  under Article 21.14 or 1.14-2, Insurance Code <of this code>;
  67-13                    (B)  a salaried, state, or special agent; and
  67-14                    (C)  a person authorized to represent an
  67-15  insurance fund or pool created by a municipality <city>, county, or
  67-16  other political subdivision of the state under Chapter 791,
  67-17  Government Code <The Interlocal Cooperation Act (Article 4413(32c),
  67-18  Vernon's Texas Civil Statutes)>.
  67-19        Sec. 757.002 <2>.  Permissible Fireworks.  (a)  Except as
  67-20  provided by Subsection (b), Fireworks 1.4G <of this section, Class
  67-21  C fireworks> are permissible fireworks.
  67-22        (b)  The following are not permissible fireworks:
  67-23              (1)  sky rockets, also known as "bottle rockets":
  67-24                    (A)  with a total propellant charge of less than
  67-25  four grams;
  67-26                    (B)  with a casing size of less than five-eighths
  67-27  of an inch for the outside diameter and less than 3 1/2  inches in
   68-1  length; and
   68-2                    (C)  with an overall length, including stick, of
   68-3  less than 15 inches; and
   68-4              (2)  other fireworks determined not acceptable by the
   68-5  United States Consumer Product Safety Commission.
   68-6        (c)  The term "bottle rocket" may not be used in association
   68-7  with the advertisement or sale of fireworks.
   68-8        Sec. 757.003 <3>.  Local Regulation.  This chapter <article>
   68-9  and rules adopted under this chapter <article> have uniform force
  68-10  and effect throughout the state.  Any lawfully enacted municipal or
  68-11  county ordinance, order, or rule in effect on the effective date of
  68-12  the law codified by this chapter <article> is not invalidated by
  68-13  this chapter <article>.  This chapter <article> does not limit or
  68-14  restrict the authority of counties, if <where> specifically
  68-15  authorized by statute to do so, or of municipalities <cities,
  68-16  towns, or villages as defined by Title 28, Revised Statutes,> to
  68-17  enact ordinances or orders prohibiting or further regulating
  68-18  fireworks.
  68-19        Sec. 757.004 <4>.  Exceptions to Applicability of Chapter
  68-20  <Article>.  This chapter <article> does not apply to:
  68-21              (1)  toy pistols, toy canes, toy guns, or other devices
  68-22  that use paper or plastic caps manufactured in accordance with 49
  68-23  C.F.R. Section 173.100(p) (1983), and that are packed and shipped
  68-24  according to department regulations;
  68-25              (2)  model rockets and model rocket motors designed,
  68-26  sold, and used for the purpose of propelling recoverable aero
  68-27  models;
   69-1              (3)  propelling or expelling charges consisting of a
   69-2  mixture of sulfur, charcoal, and potassium nitrate;
   69-3              (4)  novelties and trick noisemakers;
   69-4              (5)  the sale, at wholesale, of any type of fireworks
   69-5  by a resident manufacturer, distributor, importer, or jobber if the
   69-6  fireworks are intended for shipment directly out of state in
   69-7  accordance with department regulations;
   69-8              (6)  the sale, and use in emergency situations, of
   69-9  pyrotechnic signaling devices or distress signals for marine,
  69-10  aviation, or highway use;
  69-11              (7)  the use of fusee and railway torpedoes by
  69-12  railroads;
  69-13              (8)  the sale of blank cartridges for use in radio,
  69-14  television, film, or theater productions, for signal or ceremonial
  69-15  purposes in athletic events, or for industrial purposes; or
  69-16              (9)  the use of any pyrotechnic device by military
  69-17  organizations.
  69-18        Sec. 757.005 <5>.  Administration.  The commission <board>
  69-19  shall administer this chapter <article through the state fire
  69-20  marshal> and may issue rules for its administration <in accordance
  69-21  with Section 417.0041, Government Code>.  The commission <board>,
  69-22  in adopting <promulgating> rules, may use standards recognized by
  69-23  federal law or regulation, and those published by a nationally
  69-24  recognized standards-making organization.  Rules may not be adopted
  69-25  under this chapter <article> that are more restrictive than the
  69-26  rules in effect on January 1, 1991, without specific statutory
  69-27  authority.
   70-1        <Sec. 5A.  ><Transfer of powers and duties><.  The powers and
   70-2  duties assigned to the State Board of Insurance under this article
   70-3  are transferred to the Texas Commission on Fire Protection.  The
   70-4  commission and the board by rule may make and adopt memoranda of
   70-5  understanding under which the board will exercise certain powers
   70-6  and duties under this article if it is more appropriate for the
   70-7  board to do so.>
   70-8        Sec. 757.006 <5B>.  Advisory council.  (a)  The commission
   70-9  shall establish an advisory council to assist the commission in the
  70-10  administration of this chapter <article>.
  70-11        (b)  The council is composed of five members who must be
  70-12  representatives from the fireworks industry, three of whom must be
  70-13  appointed from a list submitted to the commission by the Texas
  70-14  Pyrotechnic Association.
  70-15        (c)  A council member serves at the will of the commission.
  70-16        (d)  The council shall assist the commission in the review
  70-17  and adoption of rules under this chapter <article as provided by
  70-18  Section 417.0041, Government Code>.
  70-19        (e)  The council periodically shall review commission rules
  70-20  implementing this subchapter and recommend changes in the rules to
  70-21  the commission.  Notwithstanding Section 5(f), Administrative
  70-22  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  70-23  Civil Statutes), the commission shall submit all changes and
  70-24  additions to rules that implement this subchapter to the council
  70-25  for development.  If the commission does not approve a rule
  70-26  developed by the council, the commission shall indicate to the
  70-27  council the reasons that the commission did not approve the rule
   71-1  and return the rule to the council for further development.
   71-2        Sec. 757.007 <6>.  Licenses.  (a)  A person engaged in the
   71-3  business of manufacturing, distributing, jobbing, or importing
   71-4  fireworks to be sold or used in this state, or of supervising or
   71-5  conducting public fireworks displays, must obtain the appropriate
   71-6  license for that activity as provided by this section.
   71-7        (b)  A person who manufactures, stores, possesses, and sells
   71-8  the fireworks constructed by that person must have a manufacturer's
   71-9  license.  The commission <board> shall set and collect an annual
  71-10  license fee not to exceed $1,000 for a manufacturer's license.  The
  71-11  licensed manufacturer may sell <Class C> fireworks 1.4G only to
  71-12  distributors and jobbers, and may sell <Class B> fireworks 1.3G
  71-13  only to distributors or licensed pyrotechnic operators for use in
  71-14  public fireworks displays in this state.  A licensed manufacturer
  71-15  may manufacture, store, possess, and sell items other than
  71-16  permissible fireworks, but only for sale and delivery to authorized
  71-17  persons in states in which those other types of fireworks are
  71-18  permissible.
  71-19        (c)  A person who stores, possesses, and sells <Class C>
  71-20  fireworks 1.4G to jobbers, retailers, and other distributors in
  71-21  this state must have a distributor's license.  The commission
  71-22  <board> shall set and collect an annual license fee not to exceed
  71-23  $1,500 for a distributor's license.  Licensed distributors may also
  71-24  possess, store, and sell <Class B> fireworks 1.3G in this state.
  71-25        (d)  A person who stores, possesses, and sells <Class C>
  71-26  fireworks 1.4G to retailers in this state must have a jobber's
  71-27  license.  The board shall set and collect an annual license fee not
   72-1  to exceed $1,000 for a jobber's license.
   72-2        (e)  A person who imports and sells to any distributor or
   72-3  jobber in this state <Class C> fireworks 1.4G or who imports and
   72-4  sells to any distributor or pyrotechnic operator in this state
   72-5  <Class B> fireworks 1.3G for use only in public fireworks displays
   72-6  must have an importer's license.  The commission <board> shall set
   72-7  and collect an annual license fee not to exceed $200 for an
   72-8  importer's license.
   72-9        (f)  A person who assembles, conducts, and supervises public
  72-10  fireworks displays using <Class B> fireworks 1.3G must have a
  72-11  pyrotechnic operator's license.  The commission <board> shall set
  72-12  and collect an annual license fee not to exceed $100 for a
  72-13  pyrotechnic operator's license.  To qualify for a pyrotechnic
  72-14  operator's license, a person must take and pass an examination, if
  72-15  any should be required, conducted by the commission <board through
  72-16  the state fire marshal's office>.  A nonrefundable fee for the
  72-17  initial examination must be in an amount not to exceed $30.  A
  72-18  nonrefundable fee in an amount not to exceed $20 shall be charged
  72-19  for each reexamination.
  72-20        (g)  A person who conducts multiple public fireworks displays
  72-21  at a single location must have a public display license.  The
  72-22  commission <board> shall set and collect an annual license fee not
  72-23  to exceed $400 for a public display license.  The holder of a
  72-24  public display license is not required to obtain a public display
  72-25  permit.  This chapter <article> does not limit the authority of the
  72-26  commission <state fire marshal> to inspect the location of the
  72-27  display or to require appropriate fire protection measures.
   73-1        (h)  A fee in an amount not to exceed $20 must be charged for
   73-2  a duplicate license issued by the commission <board> and for any
   73-3  requested change to a license.
   73-4        Sec. 757.008 <7>.  Renewal.  (a)  A licensee may renew an
   73-5  unexpired license by paying the required renewal fee to the
   73-6  commission <state fire marshal> any time before the license
   73-7  expires.  A license that has been expired for not more than 90 days
   73-8  may be renewed by paying to the commission <state fire marshal> the
   73-9  required annual fee plus an additional amount of one-half of the
  73-10  original license fee.  A license that has been expired for more
  73-11  than 90 days but less than two years may be renewed by paying to
  73-12  the commission <state fire marshal> all unpaid annual fees that
  73-13  <which> are in arrears plus an additional amount equal to the
  73-14  original license fee.  A license that has been expired for two
  73-15  years or more may not be renewed.  A new license may be obtained by
  73-16  complying with the requirements and procedures for obtaining an
  73-17  original license.  Not later than the 30th day before the
  73-18  expiration date of a license, the commission <state fire marshal>
  73-19  shall send written notice of the impending license expiration to
  73-20  the licensee at the licensee's last known address.  This section
  73-21  does not prevent the commission <state fire marshal> from denying
  73-22  or refusing to renew a license for any reason provided by law or
  73-23  the rules of the commission <board>.
  73-24        (b)  The commission <board> by rule may provide for different
  73-25  expiration dates for the various types of licenses.  If the
  73-26  expiration date of a license is less than one year from the date of
  73-27  its issuance or anniversary date, the license fee shall be prorated
   74-1  on the basis of the number of months during which the license is
   74-2  valid.  The total annual fee is payable each time the license is
   74-3  renewed.
   74-4        Sec. 757.009 <8>.  Retail Permits.  (a)  A person who sells
   74-5  fireworks directly to the general public must obtain annually a
   74-6  nonrenewable retail fireworks permit for each retail location.  The
   74-7  commission <board> shall set and collect a permit fee not to exceed
   74-8  $20 for a retail fireworks permit.  Permits may be purchased from a
   74-9  licensed manufacturer, distributor, or jobber, or through the
  74-10  commission <state fire marshal's office>.  The holder of a retail
  74-11  fireworks permit may only sell fireworks to the general public, and
  74-12  only during periods:
  74-13              (1)  beginning June 24 and ending at midnight on July
  74-14  4; and
  74-15              (2)  beginning December 20 and ending at midnight on
  74-16  January 1 of the following year.
  74-17        (b)  A retail fireworks permit expires on January 31 each
  74-18  year.  A retail fireworks permit is not renewable.
  74-19        (c)  Licensed manufacturers, distributors, or jobbers may
  74-20  obtain retail fireworks permits at any time during the year.  The
  74-21  commission <board> shall provide permits for this purpose in books
  74-22  containing 20 permits each.  The permit must be clearly printed
  74-23  with the year, date, and permit number.  The manufacturer,
  74-24  distributor, or jobber shall keep a record of all permits issued
  74-25  and shall submit the record to the commission <board through the
  74-26  state fire marshal> in the manner prescribed by the commission
  74-27  <board>.  Outdated permits may only be exchanged for current
   75-1  permits in the year following their expiration.
   75-2        Sec. 757.010 <9>.  Public Display Permits.  The commission
   75-3  <board> shall set and collect a permit fee not to exceed $50 for <a
   75-4  Class B> fireworks 1.3G public display permit to be obtained from
   75-5  the commission <board through the state fire marshal>.  A public
   75-6  fireworks display permit is not renewable and is valid for only one
   75-7  public fireworks display to be held during the hours and on the
   75-8  date or alternate date, if provided, stated on the permit.
   75-9        Sec. 757.011 <10>.  Agricultural, Industrial, and Wildlife
  75-10  Control Permits.  The commission <board> shall set and collect a
  75-11  permit fee not to exceed $50 for a permit to use <Class B> special
  75-12  fireworks 1.3G for agricultural, industrial, or wildlife control
  75-13  purposes.  The applicant must specify the exact purpose for which
  75-14  the fireworks are to be used before a permit may be issued.  The
  75-15  permit expires one year from the date of issuance and is not
  75-16  renewable.
  75-17        Sec. 757.012 <11>.  Not Transferable.  A license or permit
  75-18  issued under this chapter <article> is not transferable.
  75-19        Sec. 757.013 <12>.  Examinations.  The commission <state fire
  75-20  marshal> shall, not later than the 30th day after the date on which
  75-21  an examination is administered under this chapter <article>, send
  75-22  notice to each examinee of the results of the examination.  If the
  75-23  examination is conducted, graded, or reviewed by a testing service,
  75-24  the commission <state fire marshal> shall send notice to the
  75-25  examinee of the result of the examination not later than the 14th
  75-26  day after the date that <on which> the commission <state fire
  75-27  marshal> receives the result from the testing service.  If the
   76-1  notice of the examination result will be delayed for more than 90
   76-2  days after the examination date, the commission <state fire
   76-3  marshal> shall send, before the 90th day, a notice informing the
   76-4  examinee of the reason for the delay.  The commission <state fire
   76-5  marshal> shall, on written request by a person who fails the
   76-6  licensing examination, send the person an analysis of the person's
   76-7  performance on the examination.
   76-8        Sec. 757.014 <13>.  License by Reciprocity.  The commission
   76-9  <board> may waive an examination requirement for an applicant with
  76-10  a valid license from another state if, in the commission's
  76-11  <board's> opinion, the license requirements of the other state are
  76-12  substantially equivalent to those of this state.
  76-13        Sec. 757.015 <14>.  Public Displays.  (a)  An adult
  76-14  individual or a firm, partnership, corporation, or association
  76-15  planning to make a public fireworks display shall submit, under
  76-16  rules adopted by the commission <board>, a written application to
  76-17  the commission <state fire marshal> for a license or permit.
  76-18        (b)  It is the duty of the appropriate fire prevention
  76-19  officer, as designated or approved by the commission <state fire
  76-20  marshal>, to make a site investigation to determine whether a
  76-21  proposed fireworks display is of a nature or in a location that may
  76-22  be hazardous to property or dangerous to any person.  The officer
  76-23  may, in the exercise of reasonable discretion, approve or
  76-24  disapprove the display site, and may impose reasonable conditions
  76-25  on the display.  Following the inspection of the proposed display
  76-26  site, the fire prevention officer shall notify the commission
  76-27  <state fire marshal> of the results of the inspection, and the
   77-1  commission <state fire marshal> shall determine if a permit is to
   77-2  be issued.  In this subsection, "appropriate fire prevention
   77-3  officer" means a person with fire prevention authority in a
   77-4  particular jurisdiction.
   77-5        Sec. 757.016 <15>.  Insurance.  (a)  An applicant for a
   77-6  public display license or permit must submit to the commission
   77-7  <state fire marshal> evidence of a general liability insurance
   77-8  policy in an amount of not less than $300,000 unless the commission
   77-9  <board> increases or decreases the amount under Section 757.017
  77-10  <16> of this chapter <article>.  The policy shall be conditioned to
  77-11  pay those sums the insured becomes obligated to pay as damages
  77-12  because of bodily injury and property damage caused by an
  77-13  occurrence involving the insured or the insured's servant, officer,
  77-14  agent, or employee in the conduct of a public fireworks display.
  77-15        (b)  Evidence of the liability insurance policy required by
  77-16  this section must be in the form of a certificate of insurance
  77-17  issued by an insurer authorized to do business in this state and
  77-18  countersigned by an insurance agent licensed in this state.  A
  77-19  certificate of insurance for surplus lines coverage procured in
  77-20  compliance with Article 1.14-2, Insurance Code, <of this code>
  77-21  through a licensed Texas surplus lines agent resident in this state
  77-22  may be filed with the commission <board> as evidence of coverage
  77-23  required by this section.  An insurer may not cancel a certificate
  77-24  of insurance issued under this section unless the insurer gives the
  77-25  commission <state fire marshal> notice of intent to cancel as
  77-26  required by the commission <board>. A public display license or
  77-27  display permit may not be issued without evidence of general
   78-1  liability insurance as required by this section.  The requirement
   78-2  of this section may be satisfied by a municipality <city>, county,
   78-3  or other political subdivision presenting proof of its
   78-4  participation in a self-insurance fund or other fund created under
   78-5  Chapter 791, Government Code, <The Interlocal Cooperation Act
   78-6  (Article 4413(32c), Vernon's Texas Civil Statutes)> covering the
   78-7  liability requirements under this chapter <article>.
   78-8        Sec. 757.017 <16>.  Powers and Duties of the Commission
   78-9  <Board>.  (a)  The commission <board> shall adopt and <through the
  78-10  state fire marshal shall> administer rules the commission <board>
  78-11  considers necessary for the protection, safety, and preservation of
  78-12  life and property, including rules regulating:
  78-13              (1)  the issuance of licenses and permits to persons
  78-14  engaged in manufacturing, selling, storing, possessing, or
  78-15  transporting fireworks in this state;
  78-16              (2)  the conduct of public fireworks displays; and
  78-17              (3)  the safe storage of <Class C> fireworks 1.4G and
  78-18  <Class B> fireworks 1.3G.
  78-19        (b)  The commission <board> also shall:
  78-20              (1)  determine reasonable criteria and qualifications
  78-21  for licenses and permits;
  78-22              (2)  set license and permit fees within the limits
  78-23  provided by this chapter <article>;
  78-24              (3)  determine the qualifications and examination
  78-25  requirements for pyrotechnics operators; and
  78-26              (4)  establish a procedure for reporting and processing
  78-27  complaints.
   79-1        (c)  The commission <board> may, after notice and opportunity
   79-2  for hearing, increase or decrease the limits of insurance coverage.
   79-3        Sec. 757.018 <17>.  Prohibited Acts.  (a)  Fireworks sold at
   79-4  retail, offered for sale at retail, or possessed for retail sale
   79-5  within this state, may not be transported, used, or exploded in
   79-6  this state, unless the fireworks are properly identified as
   79-7  conforming to the standards of the United States Consumer Product
   79-8  Safety Commission and as United States Department of Transportation
   79-9  common fireworks.  The identification must be printed on all
  79-10  shipping cases, fireworks devices, and retail containers.  The
  79-11  imprint must be sufficiently conspicuous to be readily recognized
  79-12  by law enforcement authorities and the general public.  A
  79-13  manufacturer may be required to submit samples of all fireworks to
  79-14  the commission <state fire marshal> for approval.
  79-15        (b)  A person or organization may not manufacture,
  79-16  distribute, sell at wholesale or retail, or use fireworks in a
  79-17  public fireworks display or for agricultural, industrial, or
  79-18  wildlife control purposes without obtaining the appropriate license
  79-19  or permit.  Fireworks manufactured, distributed, sold, or used in
  79-20  violation of this subsection are illegal fireworks.
  79-21        (c)  A person may only offer for sale to the general public
  79-22  <Class C> fireworks 1.4G at authorized retail locations.  All mail
  79-23  order sales of <Class C> fireworks 1.4G are prohibited.
  79-24        (d)  Fireworks may not be sold or offered for sale to
  79-25  children under 12 years of age or to an intoxicated or incompetent
  79-26  person.  A person selling fireworks at retail shall make a
  79-27  reasonable effort to ascertain that potential purchasers are of the
   80-1  minimum age required by this subsection.
   80-2        (e)  A person under 21 years of age may not be issued a
   80-3  pyrotechnic operator's license or a public fireworks display
   80-4  license or permit.  The minimum age for all other licenses and
   80-5  permits is 18 years.
   80-6        (f)  A person may not:
   80-7              (1)  explode or ignite fireworks within 600 feet of any
   80-8  church, a hospital other than a veterinary hospital, an asylum, a
   80-9  licensed child care center, or a public or private primary or
  80-10  secondary school or institution of higher education;
  80-11              (2)  sell at retail, explode, or ignite fireworks
  80-12  within 100 feet of a place where flammable liquids or flammable
  80-13  compressed gasses are stored and dispensed;
  80-14              (3)  explode or ignite fireworks within 100 feet of a
  80-15  place where fireworks are stored or sold;
  80-16              (4)  ignite or discharge fireworks within or from a
  80-17  motor vehicle;
  80-18              (5)  place ignited fireworks in, or throw ignited
  80-19  fireworks at, a motor vehicle;
  80-20              (6)  conduct a public fireworks display that includes
  80-21  <Class B> fireworks 1.3G unless the person is a licensed
  80-22  pyrotechnic operator;
  80-23              (7)  conduct an indoor display of fireworks that
  80-24  includes <Class C> fireworks 1.4G without the approval of the local
  80-25  fire prevention officer;
  80-26              (8)  obtain or attempt to obtain a license or permit by
  80-27  fraudulent representation; or
   81-1              (9)  sell, store, manufacture, distribute, or display
   81-2  fireworks except as provided by this chapter <article> or rules
   81-3  adopted by the commission <board> under this chapter <article>.
   81-4        (g)  A manufacturer, distributor, jobber, or importer, may
   81-5  not sell fireworks to a person who does not hold a valid license or
   81-6  permit.
   81-7        (h)  A person may not alter or deface a license or permit.
   81-8  An altered or defaced license or permit is void.
   81-9        Sec. 757.019 <18>.  Applications for and Hearings on Licenses
  81-10  and Permits.  (a)  The commission <board> shall adopt rules for
  81-11  applications and set qualifications for licenses and permits.
  81-12        (b)  The commission <board> may<, through the state fire
  81-13  marshal,> conduct hearings or proceedings concerning the
  81-14  suspension, revocation, or refusal to issue or renew a license or
  81-15  permit.
  81-16        (c)  A license or permit may be denied, suspended, or
  81-17  revoked, or renewal may be refused, if the commission, <board,
  81-18  through the state fire marshal and> after notice and public
  81-19  hearing, finds that any provision of this chapter <article>, or any
  81-20  rule adopted <promulgated> under this chapter <article>, has been
  81-21  violated.
  81-22        (d)  A person or organization that has a license or permit
  81-23  revoked may not reapply for the license or permit earlier than one
  81-24  year from the date of revocation.  A person reapplying under this
  81-25  subsection must request a public hearing on the reissuance of the
  81-26  license or permit, and has the burden of proving that a license or
  81-27  permit should be granted.
   82-1        Sec. 757.020 <19>.  Penalties.  (a)  A person commits an
   82-2  offense if the person knowingly or intentionally violates Section
   82-3  757.018 <17 of this article>.
   82-4        (b)  An offense under this section is a Class B misdemeanor.
   82-5        (c)  Each day that a violation occurs or continues
   82-6  constitutes a separate offense.
   82-7        (d)  Venue under this section is in the county in which the
   82-8  offense is committed or in Travis County.
   82-9        (e)  If the commission <board> determines that a violation of
  82-10  this chapter <article> creates a threat to the public safety, the
  82-11  commission <board> may bring suit in the district court of the
  82-12  county in which the person who committed the offense resides or has
  82-13  an office to enjoin the person from engaging in the prohibited
  82-14  activity.  The commission <board> is not required to give bond as a
  82-15  condition to the issuance of injunctive relief.
  82-16        (f)  A <The state fire marshal, a> fire chief, a fire
  82-17  marshal, their deputies, or a police or peace officer may seize
  82-18  illegal fireworks as defined by this chapter <article>.  Fireworks
  82-19  seized in the enforcement of this chapter <article> shall be kept
  82-20  in the custody of the seizing agent or the sheriff of the county in
  82-21  which the fireworks were seized.  The owner of the seized fireworks
  82-22  may file an action contesting the seizure in a district court in
  82-23  the county in which the fireworks were seized.  The court may, not
  82-24  later than the 30th day after the date of the hearing on the
  82-25  seizure, authorize the return of part or all of the confiscated
  82-26  fireworks.  The court shall order any fireworks not returned to be
  82-27  destroyed.  If an action contesting the seizure is not filed by the
   83-1  30th day after the date of the seizure, the seizing agent or the
   83-2  sheriff shall destroy the fireworks.
   83-3        Sec. 757.021 <20>.  Deposit of Fees in Treasury.  The fees
   83-4  collected under this chapter <article> shall be deposited in the
   83-5  state treasury to the credit of the commission <insurance board>
   83-6  operating fund and may not be appropriated for a purpose other than
   83-7  activities of the commission <State Board of Insurance>.
   83-8        SECTION 13.  Chapter 417, Government Code, is transferred to
   83-9  Chapter 419, Government Code, redesignated as Subchapter I, and
  83-10  amended to read as follows:
  83-11            SUBCHAPTER I <CHAPTER 417>.  STATE FIRE MARSHAL
  83-12        Sec. 419.251 <417.001.  DEFINITION.  In this chapter,
  83-13  "commission" means the Texas Commission on Fire Protection.>
  83-14        <Sec. 417.002>.  APPOINTMENT AND TENURE.  The state fire
  83-15  marshal may be <is> appointed by the executive director of the
  83-16  commission subject to approval by the commission, or the executive
  83-17  director may perform the duties of the state fire marshal as
  83-18  additional duties of the executive director's position.  The state
  83-19  fire marshal serves at the pleasure of the commission and may be
  83-20  discharged at any time.  The commission shall require the state
  83-21  fire marshal to report to the commission through the executive
  83-22  director.
  83-23        <Sec. 417.003.  STATUS AS STATE-COMMISSIONED OFFICER.  The
  83-24  state fire marshal is a state-commissioned officer and functions in
  83-25  that capacity subject to rules of the commission.>
  83-26        Sec. 419.252 <417.004>.  GENERAL POWERS AND DUTIES.  (a)  The
  83-27  state fire marshal, under the supervision of the commission, shall
   84-1  administer and enforce applicable provisions of <the Insurance Code
   84-2  and other> law under the jurisdiction of the commission <relating
   84-3  to the state fire marshal.  The commission shall perform the
   84-4  supervisory and rule-making functions previously performed by the
   84-5  State Board of Insurance under this subsection.  The commission and
   84-6  the board shall transfer information between the two agencies as
   84-7  necessary to allow the agencies to perform their statutory duties.
   84-8  The commission and the board may make and adopt by rule memoranda
   84-9  of understanding as necessary to coordinate their respective
  84-10  duties>.
  84-11        (b)  The state fire marshal is the chief investigator in
  84-12  charge of the investigation of arson and suspected arson in the
  84-13  state.
  84-14        <Sec. 417.0041.  PARTICIPATION OF CERTAIN ADVISORY COUNCILS
  84-15  IN RULE MAKING.  (a)  This section applies to rules adopted under
  84-16  Articles 5.43-1 through 5.43-4, Insurance Code, and to the advisory
  84-17  councils established under these articles.>
  84-18        <(b)  Each council periodically shall review commission rules
  84-19  implementing the article under which the council was established
  84-20  and recommend changes in the rules to the commission.
  84-21  Notwithstanding Section 5(f), Administrative Procedure and Texas
  84-22  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), the
  84-23  commission shall submit all changes and additions to rules that
  84-24  implement the article under which an advisory council was
  84-25  established to that council for development.  If the commission
  84-26  does not approve a rule developed by the council, the commission
  84-27  shall indicate to the council the reasons that the commission did
   85-1  not approve the rule and return the rule to the council for further
   85-2  development.>
   85-3        Sec. 419.253 <417.005>.  ADOPTION OF RULES.  The commission<,
   85-4  after consulting with the state fire marshal,> shall adopt
   85-5  necessary rules to guide the state fire marshal and arson
   85-6  investigators commissioned by the executive director <state fire
   85-7  marshal> in the investigation of arson and suspected arson and in
   85-8  the performance of other duties for the commission.
   85-9        <Sec. 417.0051.  FIRE PREVENTION AND SAFETY EDUCATION.  The
  85-10  commission, through the state fire marshal, may use pertinent and
  85-11  timely facts relating to fires to develop educational programs and
  85-12  disseminate materials necessary to educate the public effectively
  85-13  regarding methods of fire prevention and safety.>
  85-14        Sec. 419.254 <417.006>.  ARSON INVESTIGATORS.  The executive
  85-15  director <state fire marshal> may commission arson investigators as
  85-16  peace officers to act under the executive director's <his>
  85-17  supervision and to perform other law enforcement duties assigned to
  85-18  the commission by law.  The executive director <and> may revoke an
  85-19  investigator's commission for just cause.
  85-20        Sec. 419.255 <417.007>.  Investigation of Fire.  (a)  The
  85-21  state fire marshal shall immediately investigate a fire occurring
  85-22  in this state in which property is destroyed if the commission
  85-23  directs the investigation or, in the discretion of the commission,
  85-24  if the investigation is requested by:
  85-25              (1)  the mayor, fire chief, fire marshal, or police
  85-26  chief of a municipality in which a fire occurs;
  85-27              (2)  a county or district judge, sheriff, county fire
   86-1  marshal, chief or fire marshal of a fire department in an
   86-2  unincorporated area, or county attorney of a county in which a fire
   86-3  occurs;
   86-4              (3)  a fire insurance company interested in a loss or
   86-5  the company's general, state, or special agent;
   86-6              (4)  an insurance policyholder, property owner, or
   86-7  lessee sustaining a fire loss;
   86-8              (5)  a justice of the peace or a constable of a
   86-9  precinct in which a fire occurs; or
  86-10              (6)  officials of a state or federal law enforcement
  86-11  agency or local or special governmental district involved or
  86-12  interested in a fire loss that occurred in this state.
  86-13        (b)  The state fire marshal at any time may enter a building
  86-14  or premises at which a fire is in progress or has occurred and is
  86-15  under control of law enforcement or fire service officials to
  86-16  investigate the cause, origin, and circumstances of the fire.  If
  86-17  control of the building or premises has been relinquished, entry
  86-18  must be in compliance with search and seizure law and applicable
  86-19  federal law.
  86-20        (c)  The state fire marshal shall conduct the investigation
  86-21  at the place of the fire <and before an insured loss may be paid>.
  86-22  The state fire marshal shall ascertain, if possible, whether the
  86-23  fire was caused intentionally, carelessly, or accidentally.  The
  86-24  state fire marshal shall make a written report of the investigation
  86-25  to the commission.
  86-26        (d)  If the state fire marshal believes that further
  86-27  investigation is necessary, the state fire marshal shall take sworn
   87-1  statements from persons who in his opinion can supply relevant
   87-2  information and shall have the statements put in writing.  The
   87-3  state fire marshal may administer oaths and compel the attendance
   87-4  of witnesses and the production of documents.
   87-5        (e)  If the state fire marshal believes that there is
   87-6  sufficient evidence to charge a person with arson, attempted arson,
   87-7  conspiracy to commit fraud, or another offense related to the
   87-8  matter under investigation, the state fire marshal shall give to
   87-9  the appropriate prosecuting attorney all evidence and relevant
  87-10  information that has been obtained, including the names of
  87-11  witnesses.  The state fire marshal shall arrest the person if the
  87-12  person has not been arrested by some other authority.  The state
  87-13  fire marshal shall assist in the prosecution of any complaint he
  87-14  files.
  87-15        (f)  The state fire marshal may, in his discretion, conduct
  87-16  or direct the conduct of an investigation in private and may
  87-17  exclude from the place of the investigation persons not needed for
  87-18  the investigation.  Witnesses may be separated from each other and
  87-19  not be allowed to communicate with other witnesses until after they
  87-20  have testified.
  87-21        (g)  The state fire marshal may elect to withhold from the
  87-22  public any testimony taken in an investigation under this section.
  87-23        Sec. 419.256 <417.008>.  Right of Entry; Examination and
  87-24  Correction of Dangerous Conditions.  (a)  On the complaint of any
  87-25  person, the state fire marshal, at any reasonable time, is entitled
  87-26  to enter any building or premises in the state.
  87-27        (b)  The state fire marshal shall enter and is entitled, at
   88-1  any time, to enter any mercantile, manufacturing, or public
   88-2  building, place of amusement, or place where public gatherings are
   88-3  held, or any premises belonging to such a building or place, and
   88-4  make a thorough examination.
   88-5        (c)  The state fire marshal shall order the removal of a
   88-6  building or structure or other remedial action if he finds that:
   88-7              (1)  the building or other structure, because of lack
   88-8  of repair, age, dilapidated condition, or other reason, is
   88-9  susceptible to fire and is so located or occupied that fire would
  88-10  endanger persons or property in the building or structure;
  88-11              (2)  a dangerous condition is created by:
  88-12                    (A)  an improper arrangement of stoves, ranges,
  88-13  furnaces, or other heating appliances, including chimneys, flues,
  88-14  and pipes with which they are connected, or by their lighting
  88-15  systems or devices; or
  88-16                    (B)  the manner of storage of explosives,
  88-17  compounds, petroleum, gasoline, kerosene, dangerous chemicals,
  88-18  vegetable products, ashes, or combustible, flammable, or refuse
  88-19  materials; or
  88-20              (3)  any other condition exists that is dangerous or is
  88-21  liable to cause or promote fire or create danger for fire fighters,
  88-22  occupants, or other buildings or structures.
  88-23        (d)  The occupant or owner of the building or premises shall
  88-24  immediately comply with an order made by the state fire marshal
  88-25  under this section.  The state fire marshal may, if necessary,
  88-26  apply to a court of competent jurisdiction for writs or orders
  88-27  necessary to enforce this section, and the court may grant
   89-1  appropriate relief.  The state fire marshal is not required to give
   89-2  a bond.
   89-3        Sec. 419.257 <417.009>.  Delegation of Authority.  (a)  If
   89-4  for any reason the state fire marshal is unable to make a required
   89-5  investigation in person, the marshal may designate the fire marshal
   89-6  of the city or town where the investigation is to be made or
   89-7  another suitable person to act for the state fire marshal.
   89-8        (b)  The designated person has the same authority with
   89-9  respect to the investigation as is provided by this chapter for the
  89-10  state fire marshal.  The designated person is entitled to
  89-11  compensation as provided by action of the commission.
  89-12        SECTION 14.  Section 402.0211(e), Government Code, is amended
  89-13  to read as follows:
  89-14        (e)  This section does not apply to:
  89-15              (1)  the governor's office;
  89-16              (2)  an institution of higher education, as defined by
  89-17  Section 61.003, Education Code;
  89-18              (3)  an agency expressly authorized by the General
  89-19  Appropriations Act or other statute to hire or select legal
  89-20  counsel;
  89-21              (4)  an agency governed by one or more elected
  89-22  officials;
  89-23              (5)  an agency with a director appointed by the
  89-24  governor;
  89-25              (6)  the Central Education Agency;
  89-26              (7)  the Department of Public Safety;
  89-27              (8)  the Employees Retirement System of Texas or the
   90-1  Teacher Retirement System of Texas;
   90-2              (9)  the Parks and Wildlife Department;
   90-3              (10)  the State Board of Insurance;
   90-4              (11)  the Texas <State Highway and Public>
   90-5  Transportation Commission or the Texas <State> Department of
   90-6  <Highways and Public> Transportation;
   90-7              (12)  the Texas Department of Criminal Justice;
   90-8              (13)  the Texas Employment Commission;
   90-9              (14)  the Texas Higher Education Coordinating Board;
  90-10              (15)  the Texas Natural Resource Conservation
  90-11  Commission;
  90-12              (16)  the Texas Workers' Compensation Commission; <or>
  90-13              (17)  the Texas Youth Commission; or
  90-14              (18)  the Texas Commission on Fire Protection.
  90-15        SECTION 15.  Article 6701m-1, Revised Statutes, is amended to
  90-16  read as follows:
  90-17        Art. 6701m-1.  INSCRIPTION ON STATE VEHICLE.  There shall be
  90-18  printed upon each side of every automobile, truck or other motor
  90-19  vehicle owned by the State of Texas the word "Texas," followed in
  90-20  letters of not less than two (2) inches high by the title of the
  90-21  department, bureau, board, commission or official having the
  90-22  custody of such car, and such inscription shall be in a color
  90-23  sufficiently different from the body of the car so that the
  90-24  lettering shall be plainly legible at a distance of not less than
  90-25  one hundred (100) feet, and the official having control thereof
  90-26  shall have such wording placed thereon as prescribed herein, and
  90-27  whoever drives any automobile, truck or other motor vehicle
   91-1  belonging to the State upon the streets of any town or city or upon
   91-2  a highway without such inscription printed thereon shall be fined
   91-3  not less than Twenty-five Dollars ($25.00) nor more than One
   91-4  Hundred Dollars ($100.00).  Provided, however, State-owned vehicles
   91-5  under control and custody of the Texas Commission on Fire
   91-6  Protection, State Board of Pharmacy, Texas Department of Mental
   91-7  Health and Mental Retardation, the Department of Public Safety, the
   91-8  Texas Department of Corrections, the Board of Pardons and Paroles,
   91-9  the Parks and Wildlife Department, the Railroad Commission of
  91-10  Texas, the Texas Alcoholic Beverage Commission, the office of the
  91-11  attorney general's Health Services Providers Integrity and Medicaid
  91-12  Fraud Division, The Banking Department of Texas, the Savings and
  91-13  Loan Department of Texas, the Texas Juvenile Probation Commission,
  91-14  the Texas Air Control Board, the Texas Natural Resource
  91-15  Conservation Commission, Agencies and Branches of Government for
  91-16  whom appropriations are made under the article of the General
  91-17  Appropriations Act that appropriates money to the legislature, and
  91-18  the Texas Youth Council may be exempt from the requirements of this
  91-19  Act by rule and regulation of the governing bodies of these State
  91-20  agencies or, in the case of the office of the attorney general, by
  91-21  rules and regulations of the attorney general.  Such rules and
  91-22  regulations shall specify the primary use to which vehicles exempt
  91-23  from the requirements of this Act are devoted, the purpose to be
  91-24  served by not printing on them the inscriptions required by this
  91-25  Act and such rules and regulations shall not be effective until
  91-26  filed with the Secretary of State.  No use of vehicles exempt from
  91-27  the requirements of this Act shall be made except for the
   92-1  legitimate purposes expressly specified in the rules and
   92-2  regulations.  If a use not specified in the rules and regulations
   92-3  is made of the exempt vehicles, the penalties prescribed in this
   92-4  Act apply to that use.  Whoever drives a vehicle exempted from the
   92-5  requirements of this Act as authorized by this provision shall not
   92-6  be subject to the penalties prescribed in this Act.
   92-7        SECTION 16.  (a)  This Act takes effect September 1, 1993.
   92-8        (b)  The change in Section 419.004(a), Government Code, made
   92-9  by this Act does not affect the entitlement of a member of the
  92-10  Texas Commission on Fire Protection serving on the commission
  92-11  immediately before the effective date of this Act to continue to
  92-12  hold office for the term for which the member was appointed.  The
  92-13  change applies only to a member appointed on or after the effective
  92-14  date of this Act.
  92-15        SECTION 17.  The importance of this legislation and the
  92-16  crowded condition of the calendars in both houses create an
  92-17  emergency and an imperative public necessity that the
  92-18  constitutional rule requiring bills to be read on three several
  92-19  days in each house be suspended, and this rule is hereby suspended.