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


Office of House Bill AnalysisC.S.H.B. 1450
By: Tillery
Urban Affairs
3/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law does not require an investigation of a firefighter fatality.
Many local entities do investigate deaths that have occurred in the line of
duty, but there is no state mandate to do so.  C.S.H.B. 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
fire-fighting 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

C.S.H.B. 1450 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, including the cause and origin of
the fire, the condition of the structure, and the suppression operation 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. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1450 modifies the original by removing the provision that the fire
marshal (marshal) is authorized to investigate fire incidents that resulted
in a serious injury requiring the hospitalization of a firefighter.  The
substitute adds the requirements that the marshal release a report
concerning each investigation upon completion of the investigation and
deliver a detailed report to the commissioner of insurance on or before
October 31 of each year about the findings of each investigation conducted
in the proceeding year.