By Kamel H.B. No. 455
74R327 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers of county fire marshals regarding fire
1-3 escapes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 791.006(b), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (b) The inspection may be conducted by:
1-8 (1) the state fire marshal;
1-9 (2) an inspector of the State Board of Insurance;
1-10 (3) the chief of a municipal fire department; or
1-11 (4) a county or municipal fire marshal.
1-12 SECTION 2. Section 791.007(d), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (d) The person who erects the fire escape shall conduct the
1-15 tests in the presence of:
1-16 (1) the state fire marshal;
1-17 (2) an appointed representative of the state fire
1-18 marshal;
1-19 (3) the chief of a fire department; or
1-20 (4) a county or municipal fire marshal.
1-21 SECTION 3. Section 791.034(b), Health and Safety Code, is
1-22 amended to read as follows:
1-23 (b) The state fire marshal, an inspector of the State Board
1-24 of Insurance, the chief of any fire department, and any county or
2-1 municipal fire marshal shall enforce this subchapter and Section
2-2 791.024 by all lawful means.
2-3 SECTION 4. Section 791.051(c), Health and Safety Code, is
2-4 amended to read as follows:
2-5 (c) The action may be prosecuted by the attorney general,
2-6 the county attorney, or the district attorney on that person's own
2-7 motion, or on the relation of any individual, including the state
2-8 fire marshal, an inspector of the State Board of Insurance, the
2-9 chief of a municipal fire department, or a county or municipal fire
2-10 marshal.
2-11 SECTION 5. Section 352.019, Local Government Code, is
2-12 amended by amending Subsections (c) and (d) and adding Subsection
2-13 (e) to read as follows:
2-14 (c) Except as provided by Subsection (e), the <The> county
2-15 fire marshal may not enforce orders and decrees within a
2-16 municipality in the county and may act in a cooperative and
2-17 advisory capacity there only on request.
2-18 (d) The county fire marshal shall cooperate with the state
2-19 fire marshal to conduct fire prevention and fire-fighting
2-20 activities or postfire investigations. Except as provided by
2-21 Subsection (e), the <The> county fire marshal shall aid or conduct
2-22 an investigation in a municipality if requested by the state fire
2-23 marshal, the municipality, or the fire chief of the municipality.
2-24 (e) A county fire marshal may conduct an inspection or take
2-25 other appropriate actions as allowed under Chapter 791, Health and
2-26 Safety Code, in a municipality in the county the county fire
2-27 marshal serves.
3-1 SECTION 6. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.