Bill Text: TX HB2426 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the effect on local regulation of state law for fire extinguisher service and installation; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB2426 Detail]
Download: Texas-2015-HB2426-Comm_Sub.html
| 84R20402 SCL-D | |||
| By: Kuempel | H.B. No. 2426 | ||
| Substitute the following for H.B. No. 2426: | |||
| By: Anderson of Dallas | C.S.H.B. No. 2426 | ||
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| relating to the effect on local regulation of state law for fire | ||
| extinguisher service and installation; authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 6001, Insurance Code, is | ||
| amended by adding Section 6001.003 to read as follows: | ||
| Sec. 6001.003. EFFECT ON LOCAL REGULATION. (a) This | ||
| chapter and the rules adopted under this chapter have uniform force | ||
| and effect throughout this state. A municipality or county may not | ||
| adopt or enforce an ordinance, order, or rule inconsistent with | ||
| this chapter or rules adopted under this chapter. An inconsistent | ||
| ordinance, order, or rule is void and has no effect. | ||
| (b) Notwithstanding Subsection (a), a municipality or | ||
| county may by ordinance or order: | ||
| (1) require the installation of a fixed fire | ||
| extinguisher system or portable fire extinguisher in certain | ||
| facilities if the installation conforms to the applicable laws of | ||
| this state; and | ||
| (2) adopt more stringent standards for a fixed fire | ||
| extinguisher system or portable fire extinguisher or standards that | ||
| create a safer condition than the standards established under this | ||
| chapter and the rules adopted under this chapter. | ||
| (c) A municipality, county, or other political subdivision | ||
| of this state may not require, as a condition of engaging in | ||
| business or performing any activity authorized under this chapter, | ||
| that a registered firm, a license holder, or an employee of a | ||
| license holder: | ||
| (1) obtain a registration, franchise, or license; | ||
| (2) pay any fee or franchise tax; or | ||
| (3) post a bond. | ||
| (d) Notwithstanding any other provision of this section or | ||
| Section 6001.156, a municipality or county may by ordinance or | ||
| order require a registered firm to obtain a permit and pay a permit | ||
| fee for the installation of a fixed fire extinguisher system and | ||
| require that the installation of such a fixed fire extinguisher | ||
| system be in conformance with the building code or other | ||
| construction requirements of the municipality or county and the | ||
| laws of this state. | ||
| (e) Notwithstanding Subsection (d), a municipality or | ||
| county may not impose qualification or financial responsibility | ||
| requirements other than proof of a registration certificate. | ||
| (f) A political subdivision may not require a registered | ||
| firm, a license holder, or an employee of a registered firm to | ||
| maintain a business location or residency within that political | ||
| subdivision to engage in a business or perform any activity | ||
| authorized under this chapter. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
