1-1 By: Jackson S.B. No. 327
1-2 (In the Senate - Filed January 19, 2001; January 22, 2001,
1-3 read first time and referred to Committee on Business and Commerce;
1-4 February 7, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 7, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 327 By: Jackson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the servicing of a portable fire extinguisher.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 5, Article 5.43-1, Insurance Code, is
1-13 amended by amending Subsection (a) and adding Subsection (e) to
1-14 read as follows:
1-15 (a) Except as provided by Subsection (e) of this section, no
1-16 [No] portable fire extinguisher, fixed fire extinguisher system, or
1-17 extinguisher equipment may be leased, sold, rented, serviced, or
1-18 installed in this state unless it carries a label of approval or
1-19 listing of a testing laboratory approved by the department [State
1-20 Board of Insurance].
1-21 (e) The commissioner by rule shall permit a person to
1-22 service a portable fire extinguisher regardless of whether it
1-23 carries a label described by Subsection (a) of this section.
1-24 SECTION 2. Section 10, Article 5.43-1, Insurance Code, is
1-25 amended to read as follows:
1-26 Sec. 10. CERTAIN ACTS PROHIBITED. No person or firm may do
1-27 any of the following:
1-28 (1) engage in the business of installing or servicing
1-29 portable fire extinguishers without a valid certificate of
1-30 registration;
1-31 (2) engage in the business of planning, certifying,
1-32 installing, or servicing fixed fire extinguisher systems without a
1-33 valid certificate of registration;
1-34 (3) install or service or certify the servicing of
1-35 portable fire extinguishers or plan, certify, service, or install
1-36 fixed fire extinguisher systems without a valid license;
1-37 (4) perform hydrostatic testing of fire extinguisher
1-38 cylinders manufactured in accordance with the specifications and
1-39 requirements of the United States Department of Transportation
1-40 without a valid hydrostatic testing certificate of registration;
1-41 (5) obtain or attempt to obtain a certificate of
1-42 registration or license by fraudulent representation;
1-43 (6) install or service portable fire extinguishers or
1-44 plan, certify, service, or install fixed fire extinguisher systems
1-45 contrary to the provisions of this article or the rules formulated
1-46 and administered under the authority of this article;
1-47 (7) install, service, or hydrostatic test a fire
1-48 extinguisher that does not have the proper identifying labels,
1-49 except as provided by Subsection (e) of Section 5 of this article;
1-50 (8) sell, install, service, or recharge a carbon
1-51 tetrachloride fire extinguisher; or
1-52 (9) violate Subsection (a) of Section 5 of this
1-53 article.
1-54 SECTION 3. The commissioner of insurance shall adopt rules
1-55 under Subsection (e), Section 5, Article 5.43-1, Insurance Code, as
1-56 added by this Act, not later than January 1, 2002.
1-57 SECTION 4. This Act takes effect immediately if it receives
1-58 a vote of two-thirds of all the members elected to each house, as
1-59 provided by Section 39, Article III, Texas Constitution. If this
1-60 Act does not receive the vote necessary for immediate effect, this
1-61 Act takes effect September 1, 2001.
1-62 * * * * *