By: Naishtat, Homer (Senate Sponsor - Watson) H.B. No. 3866
         (In the Senate - Received from the House April 29, 2009;
  May 6, 2009, read first time and referred to Committee on Business
  and Commerce; May 22, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 22, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3866 By:  Watson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to fire safety inspections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
               SECTION 1.  Subchapter Z, Chapter 419, Government
  Code, is amended by adding Section 419.908 to read as follows:
         Sec. 419.908.  FIRE SAFETY INSPECTIONS. (a)  Only an
  individual certified by the commission as a fire inspector may
  conduct a fire safety inspection required by a state or local law,
  rule, regulation, or ordinance.
         (b)  A fire safety inspection required by a state or local
  law, rule, regulation, or ordinance must be conducted in accordance
  with:
               (1)  the most recent local fire code; or
               (2)  the most recent fire code adopted by the state fire
  marshal.
         (c)  This section does not apply to state agency personnel
  who conduct a life safety code survey of a building or facility in
  connection with determining whether to issue or renew a license
  under Chapter 142, 241, 242, 243, 244, 245, 247, 248, 251, 252, 464,
  466 or 577, Health and Safety Code, or Chapter 103, Human Resources
  Code.
         SECTION 2.  (a)  Section 419.908(a), Government Code, as
  added by this Act, applies only to a fire safety inspection that
  occurs on or after September 1, 2011. A fire safety inspection that
  occurs before September 1, 2011, is covered by the law in effect
  immediately before that date, and the former law is continued in
  effect for that purpose.
         (b)  Section 419.908(b), Government Code, as added by this
  Act, applies only to a fire safety inspection that occurs on or
  after the effective date of this Act. A fire safety inspection that
  occurs before the effective date of this Act is covered by the law
  in effect immediately before that date, and the former law is
  continued in effect for that purpose.
  SECTION 3.  This Act takes effect September 1, 2009.
 
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