HBA-CMT H.B. 1450 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1450
By: Tillery
Urban Affairs
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior law did not require an investigation of a firefighter fatality.  Many
local entities do investigate deaths that have occurred in the line of
duty, but there was no state mandate to do so.  House Bill 1450 requires
the state fire marshal to investigate the death of any individual who
performs fire suppression duties for a governmental entity or volunteer
fire department that occurs in the line of duty in connection with a
firefighting incident.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill1450 amends the Government Code to provide that if a firefighter
dies in the line of duty in connection with a fire-fighting incident, the
state fire marshal (marshal) is required to investigate the circumstances
surrounding the death of the firefighter, to determine all factors that may
have contributed to the incident.  The bill requires the marshal in
conducting such an investigation to coordinate the investigative efforts of
local governmental officials.  The marshal is authorized to enlist the
assistance of established fire service organizations and private entities
to assist in the investigation.  The marshal is required to release a
report concerning such an investigation on completion of the investigation,
and to deliver a detailed report about the findings of each investigation
in the preceding year to the commissioner of insurance no later than
October 31 of each year.  The authority granted to the state fire marshal
may not limit the authority of the county or municipal fire marshal to
conduct an investigation into the death of a fire fighter within the county
or municipal fire marshal's jurisdiction. 

EFFECTIVE DATE

September 1, 2001.