1-1 AN ACT
1-2 relating to the servicing of a portable fire extinguisher.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5, Article 5.43-1, Insurance Code, is
1-5 amended by amending Subsection (a) and adding Subsection (e) to
1-6 read as follows:
1-7 (a) Except as provided by Subsection (e) of this section, no
1-8 [No] portable fire extinguisher, fixed fire extinguisher system, or
1-9 extinguisher equipment may be leased, sold, rented, serviced, or
1-10 installed in this state unless it carries a label of approval or
1-11 listing of a testing laboratory approved by the department [State
1-12 Board of Insurance].
1-13 (e) The commissioner by rule shall permit a person to
1-14 service a portable fire extinguisher regardless of whether it
1-15 carries a label described by Subsection (a) of this section.
1-16 SECTION 2. Section 10, Article 5.43-1, Insurance Code, is
1-17 amended to read as follows:
1-18 Sec. 10. CERTAIN ACTS PROHIBITED. No person or firm may do
1-19 any of the following:
1-20 (1) engage in the business of installing or servicing
1-21 portable fire extinguishers without a valid certificate of
1-22 registration;
1-23 (2) engage in the business of planning, certifying,
1-24 installing, or servicing fixed fire extinguisher systems without a
1-25 valid certificate of registration;
2-1 (3) install or service or certify the servicing of
2-2 portable fire extinguishers or plan, certify, service, or install
2-3 fixed fire extinguisher systems without a valid license;
2-4 (4) perform hydrostatic testing of fire extinguisher
2-5 cylinders manufactured in accordance with the specifications and
2-6 requirements of the United States Department of Transportation
2-7 without a valid hydrostatic testing certificate of registration;
2-8 (5) obtain or attempt to obtain a certificate of
2-9 registration or license by fraudulent representation;
2-10 (6) install or service portable fire extinguishers or
2-11 plan, certify, service, or install fixed fire extinguisher systems
2-12 contrary to the provisions of this article or the rules formulated
2-13 and administered under the authority of this article;
2-14 (7) install, service, or hydrostatic test a fire
2-15 extinguisher that does not have the proper identifying labels,
2-16 except as provided by Subsection (e) of Section 5 of this article;
2-17 (8) sell, install, service, or recharge a carbon
2-18 tetrachloride fire extinguisher; or
2-19 (9) violate Subsection (a) of Section 5 of this
2-20 article.
2-21 SECTION 3. The commissioner of insurance shall adopt rules
2-22 under Subsection (e), Section 5, Article 5.43-1, Insurance Code, as
2-23 added by this Act, not later than January 1, 2002.
2-24 SECTION 4. This Act takes effect immediately if it receives
2-25 a vote of two-thirds of all the members elected to each house, as
2-26 provided by Section 39, Article III, Texas Constitution. If this
3-1 Act does not receive the vote necessary for immediate effect, this
3-2 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 327 passed the Senate on
February 12, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 327 passed the House on
May 8, 2001, by the following vote: Yeas 147, Nays 0, two present,
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor