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.