By: Lindsay S.B. No. 1460
Substitute the following for S.B. No. 1460:
By: Lewis C.S.S.B. No. 1460
A BILL TO BE ENTITLED
AN ACT
relating to county fire marshals and county fire protection;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 352.013, 352.014, and 352.016, Local
Government Code, are amended to read as follows:
Sec. 352.013. INVESTIGATION OF FIRES. (a) The county fire
marshal shall:
(1) investigate the cause, origin, and circumstances
of fires [each fire] that occur [occurs] within the county but
outside the municipalities in the county and that destroy
[destroys] or damage [damages] property or cause injury; and
(2) determine whether a [the] fire was the result of
negligent or intentional conduct.
(b) The commissioners court of a county, with the advice of
the county fire marshal, shall adopt rules and procedures for
determining which fires warrant investigation by the county fire
marshal. The county fire marshal shall begin an [this]
investigation within 24 hours after the receipt of information
regarding a fire that warrants investigation under commissioners
court rules and procedures. The 24-hour period does not include a
Sunday.
(c) In the performance of official duties, the county fire
marshal, at any time of day, may enter and examine a structure where
a fire has occurred and may examine adjacent premises. [The marshal
shall conduct this examination in a manner designed to impose the
least inconvenience to any persons living in the building.]
Sec. 352.014. RECORD OF INVESTIGATION. The county fire
marshal shall keep a record of each fire that the marshal is
required to investigate. The record must include the facts,
statistics, and circumstances determined by the investigation,
including the origin of the fire and the estimated amount of the
loss. Each fire department and state or local agency that provides
emergency medical services must submit reports requested by the
county fire marshal in a timely manner.
Sec. 352.016. INSPECTION OR REVIEW OF PLAN FOR FIRE OR LIFE
SAFETY HAZARDS. (a) In this section, "fire or life safety hazard"
means any condition [of the following conditions] that endangers
[endanger] the safety of a structure or its occupants and promotes
[promote] or causes [cause] fire or combustion, including:
(1) the presence of a flammable substance;
(2) a dangerous or dilapidated wall, ceiling, or other
structural element;
(3) improper electrical components [lighting],
heating, or other building services or facilities;
(4) the presence of a dangerous chimney, flue, pipe,
main, or stove, or of dangerous wiring; [or]
(5) dangerous storage, including storage or use of
hazardous substances; or
(6) inappropriate means of egress, fire protection, or
other fire-related safeguard.
(b) In the interest of safety and fire prevention, the
county fire marshal may inspect for fire or life safety hazards any
structure, appurtenance, fixture, or real property located within
500 [200] feet of a structure, appurtenance, or fixture. The
marshal shall inspect a structure for fire or life safety hazards if
called on to do so. In the absence of a county fire code, the county
fire marshal may conduct an inspection using any nationally
recognized code or standard adopted by the state. If the marshal
determines the presence of a fire or life safety hazard, the marshal
may order the owner or occupant of the premises to correct the
hazardous situation. If ordered to do so, an owner or occupant
shall correct the hazardous situation in accordance with the order.
(b-1) In the interest of safety and fire prevention, the
county fire marshal shall, if required, and may, if requested,
review the plans of a business, single-family residence,
multi-family dwelling, or commercial property for fire or life
safety hazards.
(c) The commissioners court by order may 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
[fire] 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) The commissioners court by order may authorize the
county fire marshal to charge a fee to the owner of a single-family
residence for a plan review or [fire] inspection conducted under
this section in a reasonable amount determined by the commissioners
court to cover the cost of the plan review or inspection, if the
plan review or inspection is requested by the owner of the property.
SECTION 2. Subsection (b), Section 352.017, Local
Government Code, is amended to read as follows:
(b) Service of process required by this subchapter shall be
made by a peace officer [constable or sheriff] and shall be signed
by the county fire marshal or the fire marshal's deputy.
SECTION 3. Section 352.019, Local Government Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(b-1), (e), (f), and (g) to read as follows:
(b) The county fire marshal shall coordinate the work of the
various fire-fighting and fire prevention units in the county. On
request, the county fire marshal may assist a rural fire prevention
district or emergency services district located wholly or partially
in the county to accomplish its powers and duties.
(b-1) If the commissioners court establishes procedures for
firefighter certification under Subsection (b), the commissioners
court must ensure that the procedures are at least as stringent as
the minimum qualifications set by the Texas Commission on Fire
Protection under Section 419.032, Government Code. This subsection
does not apply to a volunteer firefighter as defined by Section
419.001, Government Code.
(c) The county fire marshal or the county fire marshal's
designee may perform as the incident commander in a major event if
the incident commander of the responsible fire department consents.
The county fire marshal may not enforce orders and decrees within a
municipality in the county unless specifically required to do so by
interlocal agreement and may act in a cooperative and advisory
capacity there only on request.
(e) A county commissioners court may 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. The county may establish and collect a reasonable fee
for the training programs, use of the facility, and services
provided by the facility.
(f) The commissioners court and county fire marshal may
jointly adopt voluntary guidelines, including voluntary funding
guidelines, for fire departments located in unincorporated areas of
the county, including fire departments located within rural fire
prevention districts or emergency services districts, regarding
participation in the Texas Fire Incident Reporting System (TXFIRS)
or the National Fire Incident Reporting System (NFIRS), or both.
The commissioners court may establish model procedures for
voluntary use by the various fire departments in the county with
respect to:
(1) emergency incident management;
(2) firefighter certification; and
(3) automatic mutual aid.
(g) If a commissioners court authorizes a fire marshal to
provide training programs and operate a training facility under
Subsection (e), the fire marshal must ensure that the training
programs and operation of the training facility are at least as
stringent as the minimum qualifications set by the Texas Commission
on Fire Protection under Section 419.032, Government Code. This
subsection does not apply to a volunteer firefighter as defined by
Section 419.001, Government Code.
SECTION 4. Subsection (b), Section 352.021, Local
Government Code, is amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable by a fine of not more than $2,000 [$25].
SECTION 5. Section 352.022, Local Government Code, is
amended to read as follows:
Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. An
owner or occupant who is subject to an order issued under Section
352.016 commits an offense if that person [he] fails to comply with
the order. Each refusal to comply is a separate offense. The
offense is a Class 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. [Each refusal to comply is a separate offense.]
SECTION 6. Article 12.01, Code of Criminal Procedure, as
amended by Chapters 12, 1479, and 1482, Acts of the 77th
Legislature, Regular Session, 2001, is reenacted and amended to
read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter; [or]
(B) sexual assault, if during the investigation
of the offense biological matter is collected and subjected to
forensic DNA testing and the testing results show that the matter
does not match the victim or any other person whose identity is
readily ascertained; or
(C) [, and] an offense involving leaving the
scene of an accident under Section 550.021, Transportation Code, if
the accident resulted in the death of a person;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to a child, elderly individual, or
disabled individual punishable as a felony of the first degree
under Section 22.04, Penal Code; [or]
(E) sexual assault, except as provided by
Subdivision (1) or (5); or
(F) arson;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
or
(C) a violation under Sections 153.403(22)-(39),
Tax Code;
(4) five years from the date of the commission of the
offense:
(A) theft, burglary, robbery; [or]
(B) [arson;]
[(C)] kidnapping;
(C) [(D)] injury to a child, elderly individual,
or disabled individual that is not punishable as a felony of the
first degree under Section 22.04, Penal Code; or
(D) [(E)] abandoning or endangering a child;
(5) ten years from the 18th birthday of the victim of
the offense:
(A) indecency with a child under Section
21.11(a)(1) or (2), Penal Code; or
(B) except as provided by Subdivision (1), sexual
assault under Section 22.011(a)(2), Penal Code, or aggravated
sexual assault under Section 22.021(a)(1)(B), Penal Code; or
(6) three years from the date of the commission of the
offense: all other felonies.
SECTION 7. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
(c) The change in law made by this Act to Article 12.01, Code
of Criminal Procedure, does not apply to an offense if the
prosecution of that offense became barred by limitation before the
effective date of this Act. The prosecution of that offense remains
barred as if this Act had not taken effect.
SECTION 8. This Act takes effect September 1, 2003.