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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect on local regulation of state law for fire |
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extinguisher service and installation; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 6001, Insurance Code, is |
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amended by adding Section 6001.003 to read as follows: |
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Sec. 6001.003. EFFECT ON LOCAL REGULATION. (a) This |
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chapter and the rules adopted under this chapter have uniform force |
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and effect throughout this state. A municipality or county may not |
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adopt or enforce an ordinance, order, or rule inconsistent with |
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this chapter or rules adopted under this chapter. An inconsistent |
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ordinance, order, or rule is void and has no effect. |
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(b) Notwithstanding Subsection (a), a municipality or |
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county may by ordinance or order: |
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(1) require the installation of a fixed fire |
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extinguisher system or portable fire extinguisher in certain |
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facilities if the installation conforms to the applicable laws of |
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this state; and |
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(2) adopt more stringent standards for a fixed fire |
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extinguisher system or portable fire extinguisher or standards that |
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create a safer condition than the standards established under this |
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chapter and the rules adopted under this chapter. |
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(c) A municipality, county, or other political subdivision |
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of this state may not require, as a condition of engaging in |
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business or performing any activity authorized under this chapter, |
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that a registered firm, a license holder, or an employee of a |
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license holder: |
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(1) obtain a registration, franchise, or license; |
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(2) pay any fee or franchise tax; or |
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(3) post a bond. |
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(d) Notwithstanding any other provision of this section or |
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Section 6001.156, a municipality or county may by ordinance or |
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order require a registered firm to obtain a permit and pay a permit |
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fee for the installation of a fixed fire extinguisher system and |
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require that the installation of such a fixed fire extinguisher |
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system be in conformance with the building code or other |
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construction requirements of the municipality or county and the |
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laws of this state. |
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(e) Notwithstanding Subsection (d), a municipality or |
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county may not impose qualification or financial responsibility |
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requirements other than proof of a registration certificate. |
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(f) A political subdivision may not require a registered |
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firm, a license holder, or an employee of a registered firm to |
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maintain a business location or residency within that political |
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subdivision to engage in a business or perform any activity |
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authorized under this chapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |