84R7871 SCL-F

By: Eltife S.B. No. 1197

A BILL TO BE ENTITLED

AN ACT

relating to fire investigations by the state fire marshal; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 417.007, Government Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (b-1) and (b-2) to read as follows:

(a) The state fire marshal shall immediately investigate a fire occurring in this state in which property is destroyed or an individual dies or is injured if the commissioner directs the investigation or, in the discretion of the commissioner, if the investigation is requested by:

(1) the mayor, fire chief, fire marshal, or police chief of a municipality in which a fire occurs;

(2) a county or district judge, sheriff, county fire marshal, chief or fire marshal of a fire department in an unincorporated area, or county attorney of a county in which a fire occurs;

(3) a fire insurance company interested in a loss or the company's general, state, or special agent;

(4) an insurance policyholder, property owner, or lessee sustaining a fire loss;

(5) a justice of the peace or a constable of a precinct in which a fire occurs; or

(6) officials of a state or federal law enforcement agency or local or special governmental district involved or interested in a fire loss that occurred in this state.

(b) The state fire marshal at any time may enter and examine a building, vehicle, or premises at which a fire is in progress or has occurred and an adjacent building, vehicle, or premises [is under control of law enforcement or fire service officials] to investigate the cause, origin, and circumstances of the fire. If control of the building, vehicle, or premises has been relinquished, entry must be in compliance with search and seizure law and applicable federal law.

(b-1) The state fire marshal may obtain an order from a magistrate to conduct an examination under Subsection (b) if entry is refused. The order must:

(1) limit the investigation to the circumstances of the origin and cause of the fire; and

(2) be executed in accordance with Articles 18.06 and 18.07, Code of Criminal Procedure.

(b-2) If the state fire marshal determines in an investigation conducted under Subsection (b) that a criminal offense occurred, the state fire marshal shall comply with state search and seizure law and federal law.

(c) The state fire marshal shall conduct the investigation at the place of the fire and before an insured loss may be paid. The state fire marshal shall ascertain, if possible, whether the fire was caused intentionally, carelessly, [or] accidentally, or by natural causes. The state fire marshal shall make a written report of the investigation to the commissioner.

SECTION 2. Sections 417.0075(b) and (c), Government Code, are amended to read as follows:

(b) If a firefighter dies in the line of duty or if the firefighter's death occurs in connection with an on-duty incident in this state, the state fire marshal shall investigate the circumstances surrounding the death of the firefighter, including the cause of the fire and any factors and criminal offenses that may have contributed to the death of the firefighter.

(c) In conducting an investigation under this section, the state fire marshal has the same powers as those granted to the state fire marshal under Section 417.007. The state fire marshal shall coordinate the investigative efforts of federal, state, and local governmental entities [government officials] and may enlist established fire service organizations and private entities to assist in the investigation.

SECTION 3. Chapter 417, Government Code, is amended by adding Sections 417.0076, 417.0077, 417.0078, and 417.0079 to read as follows:

Sec. 417.0076. PRIVACY OF INVESTIGATIONS. (a) In an investigation under this chapter, the state fire marshal may:

(1) conduct the investigation in private;

(2) prevent an individual who is not under investigation from accessing a building, vehicle, or premises under investigation;

(3) prevent an individual not needed for the investigation from accessing a building, vehicle, or premises under investigation; and

(4) keep witnesses separated until each witness is examined.

(b) The state fire marshal may withhold from the public any testimony or personal property taken in an investigation under this chapter.

Sec. 417.0077. SERVICE OF PROCESS. Service of process required by this chapter must be made by a peace officer and signed by the state fire marshal.

Sec. 417.0078. EFFECT ON CIVIL ACTIONS. An action taken by the state fire marshal in the investigation of a fire does not affect the rights of an insurance policyholder or any person regarding a loss caused by the fire.

Sec. 417.0079. LIMITATION OF LIABILITY. The state fire marshal and the assistants and employees of the state fire marshal are not liable for an act or omission in the performance of their duties unless the act or omission is the result of gross negligence or intentional conduct.

SECTION 4. Chapter 417, Government Code, is amended by adding Section 417.011 to read as follows:

Sec. 417.011. CRIMINAL OFFENSE; IMPEDING INVESTIGATION. (a) A person commits an offense if the person, in connection with an investigation conducted under this chapter:

(1) refuses to provide testimony under oath; or

(2) on the request of the state fire marshal, fails to provide to the state fire marshal any book, paper, or other document relating to a matter under investigation.

(b) An offense under this section is a Class B misdemeanor.

(c) If a witness refuses to cooperate with an investigation conducted under this chapter, the state fire marshal shall refer the matter to the appropriate prosecuting attorney.

SECTION 5. Sections 417.007(f) and (g), Government Code, are repealed.

SECTION 6. This Act takes effect September 1, 2015.