By Tillery                                            H.B. No. 1450
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the investigation of a firefighter fatality by the
 1-3     state fire marshal.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 417, Government Code, is amended by adding
 1-6     Section 417.0075 to read as follows:
 1-7           Sec. 417.0075.  INVESTIGATION OF FIREFIGHTER FATALITY. (a)
 1-8     In this section, the term "firefighter" includes an individual who
 1-9     performs fire suppression duties for a governmental entity or
1-10     volunteer fire department.
1-11           (b)  If a firefighter dies in the line of duty in connection
1-12     with a fire-fighting incident in this state, the state fire marshal
1-13     shall investigate the circumstances surrounding the death of the
1-14     firefighter, including the cause and origin of the fire, the
1-15     condition of the structure, and the suppression operation, to
1-16     determine the factors that may have contributed to the death of the
1-17     firefighter.
1-18           (c)  In conducting an investigation under this section, the
1-19     state fire marshal has the same powers as those granted to the
1-20     state fire marshal under Section 417.007.  The state fire marshal
1-21     shall coordinate the investigative efforts of local government
1-22     officials and may enlist established fire service organizations and
1-23     private entities to assist in the investigation.
1-24           (d)  The state fire marshal shall release a report concerning
 2-1     an investigation conducted under this section on completion of the
 2-2     investigation.
 2-3           (e)  Not later than October 31 of each year, the state fire
 2-4     marshal shall deliver to the commissioner a detailed report about
 2-5     the findings of each investigation conducted under this section in
 2-6     the preceding year.
 2-7           (f)  Information gathered in an investigation conducted under
 2-8     this section is subject to Section 552.108.
 2-9           (g)  The authority granted to the state fire marshal under
2-10     this section shall not limit in any way the authority of the county
2-11     or municipal fire marshal to conduct the county or municipal fire
2-12     marshal's own investigation into the death of a firefighter within
2-13     the county or municipal fire marshal's jurisdiction.
2-14           SECTION 2. (a)  This Act takes effect September 1, 2001.
2-15           (b)  The state fire marshal shall deliver to the commissioner
2-16     of insurance the first report required by Section 417.0075(e),
2-17     Government Code, as added by this Act, not later than October 31,
2-18     2002.