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.