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. 1-49 * * * * *