GEC H.B. 2042 75(R) BILL ANALYSIS BUSINESS & INDUSTRY H.B. 2042 By: Smith 4-17-97 Committee Report (Unamended) BACKGROUND In the past, certain municipalities in the state have experienced problems when establishing and, more importantly, when enforcing local ordinances that deal with the inspection of fire and smoke alarm detectors located inside apartment complexes. In fact, some apartment complex owners and managers have used the current language which exists in the Property Code and the Insurance Code to actually prevent fire department officials from performing routine smoke alarm inspections. PURPOSE As proposed, HB 2042 adds a degree of clarification to the language contained in the Property Code and the Insurance Code. This bill would clarify that local municipalities do, in fact, have the ability to adopt local ordinances which require regular inspection by officials for the presence of smoke and fire alarm detectors inside apartment complexes. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 92.252, Subsection (a) of the Property Code by adding Subdivision (4) which states that this section of the code does not prevent a local ordinance regarding regular inspection of smoke detectors. SECTION 2. Amends Section 3, Subsection (a), Article 5.43-2 of the Insurance Code by adding Subdivision (3) which states that a municipality shall have right to require regular inspection of smoke detectors. SECTION 3. Emergency Clause.