1-1  By:  Armbrister                                        S.B. No. 478
    1-2        (In the Senate - Filed February 6, 1995; February 8, 1995,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  February 28, 1995, reported favorably by the following vote:  Yeas
    1-5  9, Nays 0; February 28, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to an exemption of certain fire alarm devices from certain
    1-9  license requirements.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subsection (b), Section 3, Article 5.43-2,
   1-12  Insurance Code, is amended to read as follows:
   1-13        (b)  The licensing provisions of this article shall not apply
   1-14  to:
   1-15              (1)  a person or organization in the business of
   1-16  building construction that installs electrical wiring and devices
   1-17  that may include in part the installation of a fire alarm or
   1-18  detection system if:
   1-19                    (A)  the person or organization is a party to a
   1-20  contract that provides that the installation will be performed
   1-21  under the direct supervision of and certified by a licensed
   1-22  employee or agent of a firm registered to install and certify such
   1-23  an alarm or detection device and that the registered firm assumes
   1-24  full responsibility for the installation of the alarm or detection
   1-25  device; and
   1-26                    (B)  the person or organization does not plan,
   1-27  certify, lease, sell, service, or maintain fire alarms or detection
   1-28  devices or systems;
   1-29              (2)  a person or organization that owns and installs
   1-30  fire detection or fire alarm devices on the person's or
   1-31  organization's own property or, if the person or organization does
   1-32  not charge for the device or its installation, installs it for the
   1-33  protection of the person's or organization's personal property
   1-34  located on another's property and does not install the devices as a
   1-35  normal business practice on the property of another;
   1-36              (3)  a person who holds a license or other form of
   1-37  permission issued by an incorporated city or town to practice as an
   1-38  electrician and who installs fire or smoke detection and alarm
   1-39  devices in no building other than a single family or multifamily
   1-40  residence if:
   1-41                    (A)  the devices installed are:
   1-42                          (i)  single station detectors; or
   1-43                          (ii)  multiple station detectors capable of
   1-44  being connected in such a manner that actuation of one detector
   1-45  causes all integral or separate alarms to operate, if the detectors
   1-46  are not connected to a control panel or to an outside alarm, do not
   1-47  transmit a signal off the premises, and do not use more than 120
   1-48  volts; and
   1-49                    (B)  all installations comply with provisions of
   1-50  the adopted edition of Household Fire Warning Equipment, National
   1-51  Fire Protection Association Standard No. 74;
   1-52              (4)  a person or organization that sells fire detection
   1-53  or fire alarm devices if the sales are exclusively over-the-counter
   1-54  or by mail order and if the person or organization does not plan,
   1-55  certify, install, service, or maintain this equipment;
   1-56              (5)  response to a fire alarm or detection device by a
   1-57  law enforcement agency or fire department or by a law enforcement
   1-58  officer or fireman acting in an official capacity;
   1-59              (6)  a Texas registered professional engineer acting
   1-60  solely in his professional capacity;
   1-61              (7)  a person or an organization that provides and
   1-62  installs at no charge to the property owners or residents a
   1-63  battery-powered smoke detector in a single-family or two-family
   1-64  residence if:
   1-65                    (A)  the smoke detector bears a label of listing
   1-66  or approval by a testing laboratory approved by the State Board of
   1-67  Insurance;
   1-68                    (B)  the installation complies with provisions of
    2-1  the adopted edition of National Fire Protection Association
    2-2  Standard No. 74;
    2-3                    (C)  the installers are knowledgeable in fire
    2-4  protection and the proper use of smoke detectors; and
    2-5                    (D)  the detector is a single station
    2-6  installation and not a part of or connected to any other detection
    2-7  device or system;
    2-8              (8)  a regular employee of a registered firm who is
    2-9  under the direct supervision of a licensee;
   2-10              (9)  a building owner, the owner's managing agent, or
   2-11  their employees who install battery-operated single-station smoke
   2-12  detectors or who monitor fire alarm or fire detection devices or
   2-13  systems in the owner's building, and in which the monitoring is
   2-14  performed at the owner's property and monitored at no charge to the
   2-15  occupants of the building, and complies with applicable standards
   2-16  of the National Fire Protection Association as may be adopted by
   2-17  rule promulgated under this Act, and utilizes equipment approved by
   2-18  a testing laboratory approved by the State Board of Insurance for
   2-19  fire alarm monitoring; or
   2-20              (10)  a person employed by a registered firm that sells
   2-21  and installs a smoke or heat detector in a single-family or
   2-22  two-family residence if:
   2-23                    (A)  the detector bears a label of listing or
   2-24  approval by a testing laboratory approved by the State Board of
   2-25  Insurance;
   2-26                    (B)  the installation complies with provisions of
   2-27  the adopted edition of National Fire Protection Association
   2-28  Standard No. 74;
   2-29                    (C)  the installers are knowledgeable in fire
   2-30  protection and the proper use and placement of detectors; and
   2-31                    (D)  the detector is a single station
   2-32  installation and not a part of or connected to any other detection
   2-33  device or system.
   2-34        SECTION 2.  The importance of this legislation and the
   2-35  crowded condition of the calendars in both houses create an
   2-36  emergency and an imperative public necessity that the
   2-37  constitutional rule requiring bills to be read on three several
   2-38  days in each house be suspended, and this rule is hereby suspended,
   2-39  and that this Act take effect and be in force from and after its
   2-40  passage, and it is so enacted.
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