By:  Jackson                                           S.B. No. 327
                                A BILL TO BE ENTITLED
 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.