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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1450 was passed by the House on May 8, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 1450 was passed by the Senate on May 23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor