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.