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A BILL TO BE ENTITLED
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AN ACT
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relating to the inspection of portable fire extinguishers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6001.002, Insurance Code, is amended by |
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adding Subdivision (5-a) and amending Subdivision (7) to read as |
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follows: |
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(5-a) "Portable fire extinguisher inspection" means a |
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monthly inspection to ensure that a portable fire extinguisher: |
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(A) is in the extinguisher's designated |
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location; |
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(B) has not been actuated or subject to |
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tampering; and |
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(C) does not have any obvious physical damage or |
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another condition that may prevent proper operation of the |
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extinguisher. |
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(7) "Service" and "servicing" mean servicing a |
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portable fire extinguisher or a fixed fire extinguisher system by |
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[inspecting,] charging, filling, maintaining, recharging, |
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refilling, repairing, or testing. |
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SECTION 2. Section 6001.156(a), Insurance Code, is amended |
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to read as follows: |
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(a) The licensing provisions of this chapter do not apply |
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to: |
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(1) the filling or charging of a portable fire |
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extinguisher by the manufacturer before initial sale of the fire |
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extinguisher; |
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(2) the servicing by a firm of the firm's portable fire |
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extinguishers or fixed systems or the performance of a portable |
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fire extinguisher inspection by: |
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(A) the firm's personnel who are specially |
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trained for the [that] servicing or inspection, as applicable; or |
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(B) a person who is specially trained for the |
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servicing or inspection, as applicable, and is under contract with |
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the firm for that purpose; |
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(3) the installation of portable fire extinguishers in |
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a building by the building owner, the owner's managing agent, or an |
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employee of the building owner or the owner's managing agent; |
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(4) the installation or servicing of water sprinkler |
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systems installed in compliance with the National Fire Protection |
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Association's Standards for the Installation of Sprinkler Systems; |
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(5) a firm that is engaged in the retail or wholesale |
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sale of portable fire extinguishers that carry an approval label or |
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listing of a testing laboratory approved by the department, but |
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that is not engaged in the installation or servicing of those |
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extinguishers; |
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(6) a fire department that services portable fire |
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extinguishers as a public service without charge, if the members of |
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the fire department are trained in the proper servicing of the fire |
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extinguishers; |
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(7) a firm that is a party to a contract under which: |
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(A) the installation of portable fire |
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extinguishers or a fixed fire extinguisher system is performed |
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under the direct supervision of and certified by a firm |
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appropriately registered to install and certify portable |
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extinguishers or fixed systems; and |
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(B) the registered firm assumes full |
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responsibility for the installation; or |
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(8) an engineer licensed under Chapter 1001, |
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Occupations Code, while acting solely in the engineer's |
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professional capacity. |
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SECTION 3. This Act takes effect September 1, 2011. |