1-1     By:  Tillery (Senate Sponsor - Shapiro)               H.B. No. 1450
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the investigation of a firefighter fatality by the
 1-9     state fire marshal.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Chapter 417, Government Code, is amended by adding
1-12     Section 417.0075 to read as follows:
1-13           Sec. 417.0075.  INVESTIGATION OF FIREFIGHTER FATALITY. (a)
1-14     In this section, the term "firefighter" includes an individual who
1-15     performs fire suppression duties for a governmental entity or
1-16     volunteer fire department.
1-17           (b)  If a firefighter dies in the line of duty in connection
1-18     with a fire-fighting incident in this state, the state fire marshal
1-19     shall investigate the circumstances surrounding the death of the
1-20     firefighter, including the cause and origin of the fire, the
1-21     condition of the structure, and the suppression operation, to
1-22     determine the factors that may have contributed to the death of the
1-23     firefighter.
1-24           (c)  In conducting an investigation under this section, the
1-25     state fire marshal has the same powers as those granted to the
1-26     state fire marshal under Section 417.007.  The state fire marshal
1-27     shall coordinate the investigative efforts of local government
1-28     officials and may enlist established fire service organizations and
1-29     private entities to assist in the investigation.
1-30           (d)  The state fire marshal shall release a report concerning
1-31     an investigation conducted under this section on completion of the
1-32     investigation.
1-33           (e)  Not later than October 31 of each year, the state fire
1-34     marshal shall deliver to the commissioner a detailed report about
1-35     the findings of each investigation conducted under this section in
1-36     the preceding year.
1-37           (f)  Information gathered in an investigation conducted under
1-38     this section is subject to Section 552.108.
1-39           (g)  The authority granted to the state fire marshal under
1-40     this section shall not limit in any way the authority of the county
1-41     or municipal fire marshal to conduct the county or municipal fire
1-42     marshal's own investigation into the death of a firefighter within
1-43     the county or municipal fire marshal's jurisdiction.
1-44           SECTION 2. (a)  This Act takes effect September 1, 2001.
1-45           (b)  The state fire marshal shall deliver to the commissioner
1-46     of insurance the first report required by Section 417.0075(e),
1-47     Government Code, as added by this Act, not later than October 31,
1-48     2002.
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