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.