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


Office of House Bill AnalysisH.B. 1450
By: Tillery
Urban Affairs
3/12/2001
Introduced



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.  House Bill 1450 requires the
state fire marshal to investigate all deaths that have occurred in the line
of duty of any individual who performs fire suppression duties for a
governmental entity or volunteer fire department.  

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 Bill 1450 amends the Government Code to require the state fire
marshal (marshal) to investigate the circumstances surrounding the death of
any firefighter in this state while in the line of duty, 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 also authorizes the marshal to investigate fire
incidents that resulted in a serious injury requiring the hospitalization
of a firefighter.  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 who are
required to cooperate with the marshal and provide assistance to carry out
the provisions of this bill. 

EFFECTIVE DATE

September 1, 2001.