Bill Text: TX HB2447 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the sale and advertisement of portable fire extinguishers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2447 Detail]
Download: Texas-2013-HB2447-Enrolled.html
| H.B. No. 2447 | ||
|
|
||
| relating to the sale and advertisement of portable fire | ||
| extinguishers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 9, Health and Safety Code, is | ||
| amended by adding Chapter 797 to read as follows: | ||
| CHAPTER 797. PORTABLE FIRE EXTINGUISHERS | ||
| Sec. 797.001. DEFINITIONS. In this chapter: | ||
| (1) "NFPA" means the National Fire Protection | ||
| Association. | ||
| (2) "Portable fire extinguisher" means a device that | ||
| contains liquid, powder, or gases for suppressing or extinguishing | ||
| fires. | ||
| Sec. 797.002. PORTABLE FIRE EXTINGUISHERS. A person may | ||
| not use the term "portable fire extinguisher" or "fire | ||
| extinguisher" in the sale or advertisement of an aerosol fire | ||
| suppression device or similar fire suppression device unless the | ||
| device conforms to NFPA Standard 10 (2010), "Standard for Portable | ||
| Fire Extinguishers," or a successor standard adopted by the | ||
| commissioner of insurance that is at least as stringent as the NFPA | ||
| Standard 10, and is specifically listed for that use by a testing | ||
| laboratory approved by the Texas Department of Insurance. | ||
| SECTION 2. Section 6001.001, Insurance Code, is amended to | ||
| read as follows: | ||
| Sec. 6001.001. PURPOSE. The purpose of this chapter is to | ||
| safeguard lives and property by: | ||
| (1) regulating: | ||
| (A) the leasing, selling, installing, and | ||
| servicing of portable fire extinguishers; and | ||
| (B) the planning, certifying, installing, and | ||
| servicing of fixed fire extinguisher systems; and | ||
| (2) prohibiting portable fire extinguishers, fixed | ||
| fire extinguisher systems, or extinguisher equipment that is not | ||
| [ |
||
| department. | ||
| SECTION 3. Section 6001.156(a), Insurance Code, is amended | ||
| to read as follows: | ||
| (a) The licensing provisions of this chapter do not apply | ||
| to: | ||
| (1) the filling or charging of a portable fire | ||
| extinguisher by the manufacturer before initial sale of the fire | ||
| extinguisher; | ||
| (2) the servicing by a firm of the firm's portable fire | ||
| extinguishers or fixed systems by the firm's personnel who are | ||
| specially trained for that servicing; | ||
| (2-a) the inspection of a firm's portable fire | ||
| extinguisher by a person who is: | ||
| (A) specially trained to perform portable fire | ||
| extinguisher inspections; and | ||
| (B) under contract with the firm for that | ||
| purpose; | ||
| (3) the installation of portable fire extinguishers in | ||
| a building by the building owner, the owner's managing agent, or an | ||
| employee of the building owner or the owner's managing agent; | ||
| (4) the installation or servicing of water sprinkler | ||
| systems installed in compliance with the National Fire Protection | ||
| Association's Standards for the Installation of Sprinkler Systems; | ||
| (5) a firm that is engaged in the retail or wholesale | ||
| sale of portable fire extinguishers that carry the [ |
||
|
|
||
| department, but that is not engaged in the installation or | ||
| servicing of those extinguishers; | ||
| (6) a fire department that services portable fire | ||
| extinguishers as a public service without charge, if the members of | ||
| the fire department are trained in the proper servicing of the fire | ||
| extinguishers; | ||
| (7) a firm that is a party to a contract under which: | ||
| (A) the installation of portable fire | ||
| extinguishers or a fixed fire extinguisher system is performed | ||
| under the direct supervision of and certified by a firm | ||
| appropriately registered to install and certify portable | ||
| extinguishers or fixed systems; and | ||
| (B) the registered firm assumes full | ||
| responsibility for the installation; or | ||
| (8) an engineer licensed under Chapter 1001, | ||
| Occupations Code, while acting solely in the engineer's | ||
| professional capacity. | ||
| SECTION 4. (a) Section 797.001, Health and Safety Code, as | ||
| added by this Act, and Section 6001.156(a), Insurance Code, as | ||
| amended by this Act, do not apply to the sale or advertisement of an | ||
| aerosol fire suppression device or similar fire suppression device | ||
| that, on or before September 1, 2013, is: | ||
| (1) listed for use as a portable fire extinguisher by a | ||
| testing laboratory approved the Texas Department of Insurance, | ||
| other than the National Fire Protection Association; and | ||
| (2) approved for use as a portable fire extinguisher | ||
| by the Texas Department of Insurance. | ||
| (b) This section expires September 1, 2015. | ||
| SECTION 5. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2447 was passed by the House on May 7, | ||
| 2013, by the following vote: Yeas 94, Nays 37, 3 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2447 on May 22, 2013, by the following vote: Yeas 83, Nays 65, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2447 was passed by the Senate, with | ||
| amendments, on May 20, 2013, by the following vote: Yeas 23, Nays | ||
| 8. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
