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.