By: Jackson S.B. No. 295
99S0180/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the servicing of a portable fire extinguisher.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 5, Article 5.43-1, Insurance Code, is
1-4 amended by amending Subsection (a) and adding Subsection (e) to
1-5 read as follows:
1-6 (a) Except as provided by Subsection (e) of this section, no
1-7 [No] portable fire extinguisher, fixed fire extinguisher system, or
1-8 extinguisher equipment may be leased, sold, rented, serviced, or
1-9 installed in this state unless it carries a label of approval or
1-10 listing of a testing laboratory approved by the State Board of
1-11 Insurance.
1-12 (e) The Texas Commission on Fire Protection by rule shall
1-13 permit a person to service a portable fire extinguisher regardless
1-14 of whether it carries a label described by Subsection (a) of this
1-15 section.
1-16 SECTION 2. Section 10, Article 5.43-1, Insurance Code, is
1-17 amended to read as follows:
1-18 Sec. 10. CERTAIN ACTS PROHIBITED. No person or firm may do
1-19 any of the following:
1-20 (1) engage in the business of installing or servicing
1-21 portable fire extinguishers without a valid certificate of
1-22 registration;
1-23 (2) engage in the business of planning, certifying,
1-24 installing, or servicing fixed fire extinguisher systems without a
2-1 valid certificate of registration;
2-2 (3) install or service or certify the servicing of
2-3 portable fire extinguishers or plan, certify, service, or install
2-4 fixed fire extinguisher systems without a valid license;
2-5 (4) perform hydrostatic testing of fire extinguisher
2-6 cylinders manufactured in accordance with the specifications and
2-7 requirements of the United States Department of Transportation
2-8 without a valid hydrostatic testing certificate of registration;
2-9 (5) obtain or attempt to obtain a certificate of
2-10 registration or license by fraudulent representation;
2-11 (6) install or service portable fire extinguishers or
2-12 plan, certify, service, or install fixed fire extinguisher systems
2-13 contrary to the provisions of this article or the rules formulated
2-14 and administered under the authority of this article;
2-15 (7) install, service, or hydrostatic test a fire
2-16 extinguisher that does not have the proper identifying labels,
2-17 except as provided by Subsection (e) of Section 5 of this article;
2-18 (8) sell, install, service, or recharge a carbon
2-19 tetrachloride fire extinguisher; or
2-20 (9) violate Subsection (a) of Section 5 of this
2-21 article.
2-22 SECTION 3. The Texas Commission on Fire Protection shall
2-23 adopt rules under Subsection (e), Section 5, Article 5.43-1,
2-24 Insurance Code, as added by this Act, not later than January 1,
2-25 2000.
2-26 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.