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