SRC-JLB S.B. 1460 78(R) BILL ANALYSIS Senate Research Center S.B. 1460 78R7387 KEG-FBy: Lindsay Intergovernmental Relations 4/5/2003 As Filed DIGEST AND PURPOSE The current laws governing the powers and duties of county fire marshals were first established in 1987 and have undergone only minor changes. Over the past 16 years a number of counties and their fire marshals have identified several areas for improvement in the law that would enhance efficiency, effectiveness, and flexibility of the administration of fire safety by Texas counties. As proposed, S.B. 1460 allows the county fire marshal to investigate fires that cause personal injury; gives the commissioners court the authority to promulgate rules determining which fires warrant fire marshal investigation; allows the fire marshal to require timely reports from fire departments and emergency medical services agencies to ensure timely prosecution by the district attorney; updates the list of conditions for which the fire marshal may inspect a structure; clarifies the authority of the fire marshal to enforce fire safety orders; allows a fire marshal to promulgate rules requiring a fire department to participate in the Texas or National Fire Incident Reporting System; allows a commissioners court to authorize a fire marshal to conduct training programs, operate a training facilities, and collect a fee for its service; and increases the penalties for noncompliance with a fire safety order. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 352.013, 352.014, and 352.016, Local Government Code, as follows: Sec. 352.013. INVESTIGATION OF FIRES. (a) Requires the county fire marshal to perform certain acts. (b) Requires the commissioners court of a county, with the advice of the county fire marshal, to adopt rules and procedures for determining which fires warrant investigation by the county fire marshal. Requires the county fire marshal to begin an investigation within 24 hours after the receipt of information regarding a fire that warrants investigation under commissioners court rules and procedures. (c) Deletes language requiring the marshal to conduct an examination in a manner designed to impose the least inconvenience to any persons living in the building. Sec. 352.014. RECORD OF INVESTIGATION. Requires each fire department and state or local agency that provides emergency medical services to submit reports requested by the county fire marshal in a timely manner. Sec. 352.016. New heading: INSPECTION OR REVIEW OF PLAN FOR FIRE OR LIFE SAFETY HAZARDS. (a) Defines "fire or life safety hazard." (b) Authorizes the county fire marshal, in the interest of safety and fire prevention, to inspect for fire or life safety hazards any structure, appurtenance, fixture, or real property located within 500, rather than 200, feet of a structure, appurtenance, or fixture. Authorizes the county fire marshal, in the absence of a county fire code, to conduct an inspection using any nationally recognized code or standard adopted by the state. Requires an owner or occupant, if ordered to do so, to correct the hazardous situation in accordance with the order. Makes conforming changes. (b-1) Requires the county fire marshal, in the interest of safety and fire prevention, to, if required, review the plans of a business, single-family residence, multi-family dwelling, or commercial property for fire or life safety hazards. Authorizes the county fire marshal to make such a review on request. (c) Authorizes the commissioners court by order to authorize the county fire marshal to charge a fee to the owner of a business, a multi-family dwelling, or commercial property for a plan review or inspection conducted under this section in a reasonable amount determined by the commissioners court to cover the cost of the plan review or inspection. (d) Makes conforming changes. SECTION 2. Amends Section 352.017(b), Local Government Code, to require service of process required by this subchapter to be made by a peace officer, rather than constable or sheriff, and to be signed by the county fire marshal or the fire marshal's deputy. SECTION 3. Amends Section 352.019, Local Government Code, by amending Subsections (b) and (c) and adding Subsection (e), as follows: (b) Requires the county fire marshal to coordinate the work of the various fire-fighting and fire prevention units in the county, including rural fire prevention districts and emergency services districts. Authorizes the commissioners court to adopt rules requiring fire departments in the unincorporated area of the county to participate in the Texas Fire Incident Reporting System (TXFIRS) or the National Fire Incident Reporting System (NFIRS), or both, and in accordance with fire marshal rules, to establish certain procedures. (c) Authorizes the county fire marshal or the county fire marshal's designee to perform as the incident commander in a major event if the incident commander of the responsible fire department consents. Prohibits the county fire marshal from enforcing orders and decrees within a municipality in the county unless specifically required to do so by interlocal agreement and authorizes the fire marshal to act in a cooperative and advisory capacity there only on request. (e) Authorizes a county commissioners court to authorize the fire marshal to provide training programs and operate a training facility for the various fire-fighting and fire prevention units in the county. Authorizes the county to establish and collect a reasonable fee for the training programs, use of the facility, and services provided by the facility. SECTION 4. Amends Section 352.021(b), Local Government Code, to provide that an offense under this section is a misdemeanor punishable by a fine of not more than $2,000, rather than $25. SECTION 5. Amends Section 352.022, Local Government Code, as follows: Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. Provides that an owner or occupant who is subject to an order issued under Section 352.016 commits an offense if that person fails to comply with the order. Provides that each refusal to comply is a separate offense. Provides that the offense is a Class A, rather than B, misdemeanor, unless it is shown on the trial of the offense that the defendant has been previously convicted two or more times under this section, in which event, the offense is a state jail felony. SECTION 6. Makes application of this Act prospective. SECTION 7. Effective date: September 1, 2003.