AN ACT 1-1 relating to security bars on residential dwellings. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Chapter 756, Health and Safety Code, is amended 1-4 by adding Subchapter F to read as follows: 1-5 SUBCHAPTER F. SECURITY BARS 1-6 Sec. 756.081. DEFINITIONS. In this chapter: 1-7 (1) "Bedroom" means an area of a dwelling intended as 1-8 sleeping quarters. 1-9 (2) "Board" means the Texas Board of Health. 1-10 (3) "Department" means the Texas Department of Health. 1-11 (4) "Residential dwelling" includes a single-family 1-12 home, a duplex, a triplex, an apartment, a motel or hotel, and a 1-13 mobile home. 1-14 (5) "Security bars" means burglar bars or other bars 1-15 located on the inside or outside of a door or window of a 1-16 residential dwelling. 1-17 Sec. 756.082. SECURITY BARS ON RESIDENTIAL DWELLING. A 1-18 person may not install security bars on a door or window of a 1-19 bedroom in a residential dwelling unless: 1-20 (1) the security bars on at least one door or window 1-21 in the bedroom have an interior release mechanism; or 1-22 (2) at least one window or door from the bedroom to 1-23 the exterior may be opened for emergency escape or rescue. 1-24 Sec. 756.083. LABELING REQUIREMENT. (a) Except as provided 2-1 by Subsection (b), a person may not sell security bars or offer 2-2 security bars for sale in this state unless the security bars or 2-3 their packaging are labeled in accordance with rules adopted by the 2-4 state fire marshal. The required label must state the requirements 2-5 of Section 756.082. 2-6 (b) A person who is not regularly and actively engaged in 2-7 business as a wholesale or retail dealer may sell or offer to sell 2-8 security bars in this state provided that proper written notice of 2-9 the requirements of Section 756.082 is provided to the buyer in a 2-10 form approved by the state fire marshal. 2-11 Sec. 756.084. RECOMMENDED RELEASE MECHANISM. (a) The state 2-12 fire marshal or a testing laboratory under conditions and 2-13 procedures approved by the state fire marshal may recommend an 2-14 interior release mechanism that has been shown to be effective. 2-15 (b) The state fire marshal shall adopt rules to implement 2-16 this section. 2-17 SECTION 2. (a) This Act takes effect September 1, 1999. 2-18 (b) The state fire marshal shall adopt the rules required by 2-19 Sections 756.083 and 756.084, Health and Safety Code, as added by 2-20 this Act, not later than December 15, 1999. 2-21 SECTION 3. The change in law made by this Act applies only 2-22 to security bars installed, sold, or offered for sale on or after 2-23 January 1, 2000. Security bars installed, sold, or offered for 2-24 sale before that date are governed by the law in effect on the date 2-25 the security bars were installed, sold, or offered for sale, and 2-26 the former law is continued in effect for that purpose. S.B. No. 839 3-1 SECTION 4. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended. ________________________________ ________________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 839 passed the Senate on April 19, 1999, by the following vote: Yeas 30, Nays 0; May 11, 1999, Senate refused to concur in House amendment and requested appointment of Conference Committee; May 13, 1999, House granted request of the Senate; May 27, 1999, Senate adopted Conference Committee Report by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 839 passed the House, with amendment, on May 8, 1999, by a non-record vote; May 13, 1999, House granted request of the Senate for appointment of Conference Committee; May 27, 1999, House adopted Conference Committee Report by a non-record vote. _______________________________ Chief Clerk of the House Approved: ________________________________ Date ________________________________ Governor