SRC-JBJ C.S.S.B. 295 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 295
By: Jackson
Economic Development
2/24/1999
Committee Report (Substituted)


DIGEST 

Currently, a fire extinguisher without a label of approval cannot be
leased, sold, rented, serviced, or installed.  Once used, a portable fire
extinguisher will often have the label of approval missing or defaced.  A
missing label often results in the fire extinguisher being discarded.
C.S.S.B. 295 will allow service to a portable fire extinguisher without a
label of approval. 

PURPOSE

As proposed, C.S.S.B. 295 authorizes a person to service certain portable
fire extinguishers. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in SECTION
1 (Section 5(e), Article 5.43-1, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5, Article 5.43-1, Insurance Code, by amending
Subsection (a) and adding Subsection (e), to prohibit a person from
servicing a fire extinguisher without a label of approval issued by the
Texas Department of Insurance, except as provided by Subsection (e).
Requires the commissioner of insurance to permit, by rule, a person to
service a portable fire extinguisher regardless of whether it carries a
label described by Subsection (a).   Makes a conforming change. 

SECTION 2.  Amends Section 10, Article 5.43-1, Insurance Code, to make
conforming changes. 

SECTION 3.  Requires the commissioner of insurance to adopt rules under
Subsection (e), Section 5, Article 5.43-1, Insurance Code, no later than
January 1, 2000. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 5, Article 5.43-1, Insurance Code, by prohibiting fire
extinguishers to be serviced without being approved by the Texas Department
of Insurance, rather than the State Board of Insurance.  Requires the
commissioner of insurance, rather than the Texas Commission on Fire
Protection, to create rules to permit a person to service a portable fire
extinguisher. 

SECTION 3.

Requires the commissioner of insurance, rather than the Texas Commission on
Fire Protection, to create the rules in Section 5, Article 5.43-1,
Insurance Code, no later than January 1, 2000.