HBA-DMH S.B. 327 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 327 By: Jackson Insurance 4/22/2001 Engrossed BACKGROUND AND PURPOSE Currently, a fire extinguisher without a label of approval or an approved listing of a testing laboratory cannot be leased, sold, rented, serviced, or installed. Once used, a portable fire extinguisher will often have the label of approval missing or defaced. A missing label often results in the fire extinguisher being discarded unnecessarily. Senate Bill 327 authorizes a person to service such portable fire extinguishers. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of insurance in SECTION 1 (Section 5, Article 5.43-1, Insurance Code) and SECTION 3 of this bill. ANALYSIS Senate Bill 327 amends the Insurance Code to require the commissioner of insurance (commissioner), by rule, to permit a person to service a portable fire extinguisher regardless of whether it carries a label of approval or listing of a testing laboratory approved by the Texas Department of Insurance. The bill requires the commissioner to adopt such rules not later than January 1, 2002. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.