By Jackson                                      H.B. No. 2296

      75R6246 SMH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the servicing of a portable fire extinguisher.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 5, Article 5.43-1, Insurance Code, is

 1-5     amended by amending Subsection (a) and adding Subsection (e) to

 1-6     read as follows:

 1-7           (a)  Except as provided by Subsection (e) of this section, no

 1-8     [No] portable fire extinguisher, fixed fire extinguisher system, or

 1-9     extinguisher equipment may be leased, sold, rented, serviced, or

1-10     installed in this state unless it carries a label of approval or

1-11     listing of a testing laboratory approved by the State Board of

1-12     Insurance.

1-13           (e)  The Texas Commission on Fire Protection by rule shall

1-14     permit a person to service a portable fire extinguisher regardless

1-15     of whether it carries a label described by Subsection (a) of this

1-16     section.

1-17           SECTION 2.  Section 10, Article 5.43-1, Insurance Code, is

1-18     amended to read as follows:

1-19           Sec. 10.  CERTAIN ACTS PROHIBITED.  No person or firm may do

1-20     any of the following:

1-21                 (1)  engage in the business of installing or servicing

1-22     portable fire extinguishers without a valid certificate of

1-23     registration;

1-24                 (2)  engage in the business of planning, certifying,

 2-1     installing, or servicing fixed fire extinguisher systems without a

 2-2     valid certificate of registration;

 2-3                 (3)  install or service or certify the servicing of

 2-4     portable fire extinguishers or plan, certify, service, or install

 2-5     fixed fire extinguisher systems without a valid license;

 2-6                 (4)  perform hydrostatic testing of fire extinguisher

 2-7     cylinders manufactured in accordance with the specifications and

 2-8     requirements of the United States Department of Transportation

 2-9     without a valid hydrostatic testing certificate of registration;

2-10                 (5)  obtain or attempt to obtain a certificate of

2-11     registration or license by fraudulent representation;

2-12                 (6)  install or service portable fire extinguishers or

2-13     plan, certify, service, or install fixed fire extinguisher systems

2-14     contrary to the provisions of this article or the rules formulated

2-15     and administered under the authority of this article;

2-16                 (7)  install, service, or hydrostatic test a fire

2-17     extinguisher that does not have the proper identifying labels,

2-18     except as provided by Subsection (e) of Section 5 of this article;

2-19                 (8)  sell, install, service, or recharge a carbon

2-20     tetrachloride fire extinguisher; or

2-21                 (9)  violate Subsection (a) of Section 5 of this

2-22     article.

2-23           SECTION 3.  The Texas Commission on Fire Protection shall

2-24     adopt rules under Section 5(e), Article 5.43-1, Insurance Code, as

2-25     added by this Act, not later than January 1, 1998.

2-26           SECTION 4.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended,

 3-4     and that this Act take effect and be in force from and after its

 3-5     passage, and it is so enacted.