The bill would amend the Local Government Code to provide for the authority of a county fire marshal to inspect group homes and assisted living facilities and to require the fire marshal to order remedial action if the marshal finds that certain dangerous conditions exist.
Failure to comply with such an order would be a Class B misdemeanor offense, unless it were shown on the trial of the offense that the defendant has been previously convicted two or more times for the same offense, in which event the offense would be a state jail felony.
This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies and that any costs associated with the bill could be absorbed using existing resources.
No significant fiscal implication to units of local government is anticipated.
A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.