2005 Texas Government Code CHAPTER 417. STATE FIRE MARSHAL

GOVERNMENT CODE

CHAPTER 417. STATE FIRE MARSHAL


	§ 417.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Commissioner" means the commissioner of 
insurance.                    
		(2)  "Department" means the Texas Department of 
Insurance.                  

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 983, § 2, eff. Jan. 1, 1990;  Acts 
1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 1997, 
75th Leg., ch. 1172, § 3.01, eff. Sept. 1, 1997.


	§ 417.002. APPOINTMENT AND TENURE.  The state fire 
marshal is appointed by the commissioner.  The state fire marshal 
serves at the pleasure of the commissioner and may be discharged at 
any time.  The state fire marshal shall report to the commissioner.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 1172, § 3.01, eff. Sept. 1, 1997.


	§ 417.003. STATUS AS STATE-COMMISSIONED OFFICER.  The 
state fire marshal is a state-commissioned officer and functions in 
that capacity subject to rules of the commissioner.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 1172, § 3.01, eff. Sept. 1, 1997.


	§ 417.004. GENERAL POWERS AND DUTIES.  (a) The state fire 
marshal, under the supervision of the commissioner, shall 
administer and enforce applicable provisions of the Insurance Code 
and other law relating to the state fire marshal.  The commissioner 
shall perform the supervisory and rule-making functions previously 
performed by the Texas Commission on Fire Protection under this 
subsection.  The commissioner and the commission shall transfer 
information between the two agencies as necessary to allow the 
agencies to perform their statutory duties.  The commissioner and 
the commission may make and adopt by rule memoranda of 
understanding as necessary to coordinate their respective duties.
	(b)  The state fire marshal is the chief investigator in 
charge of the investigation of arson and suspected arson in the 
state.
	(c)  The state fire marshal may make or encourage studies of 
fire protection, including fire administration.
	(d)  The state fire marshal may conduct research to improve 
fire protection and fire administration and may stimulate research 
by public and private agencies for that purpose.
	(e)  The state fire marshal may, on the request of a public or 
nonprofit entity with duties related to fire protection, advise or 
assist the entity in relation to those duties.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 1172, § 3.01, eff. Sept. 1, 1997.


	§ 417.005. ADOPTION OF RULES.  The commissioner, after 
consulting with the state fire marshal, may adopt necessary rules 
to guide the state fire marshal and fire and arson investigators 
commissioned by the state fire marshal in the investigation of 
arson, fire, and suspected arson and in the performance of other 
duties for the commissioner.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 
1993, 73rd Leg., ch. 912, § 21, eff. Sept. 1, 1993;  Acts 1997, 
75th Leg., ch. 1172, § 3.01, eff. Sept. 1, 1997.


	§ 417.0051. FIRE PREVENTION AND SAFETY EDUCATION.  The 
commissioner, through the state fire marshal:
		(1)  shall use pertinent and timely facts relating to 
fires to develop educational programs and disseminate materials 
necessary to educate the public effectively regarding methods of 
fire prevention and safety;  and
		(2)  may accept gifts, grants, and donations from any 
source for the purposes of this section.

Added by Acts 1989, 71st Leg., ch. 186, § 1, eff. Aug. 28, 1989.  
Amended by Acts 1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 
1991;  Acts 1997, 75th Leg., ch. 1172, § 3.01, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 1124, § 1, eff. Sept. 1, 2003.


	§ 417.0052. TEXAS FIRE INCIDENT REPORTING SYSTEM.  The 
state fire marshal, under the direction of the commissioner, is 
responsible for maintaining and administering the Texas Fire 
Incident Reporting System.

Added by Acts 1997, 75th Leg., ch. 1172, § 3.02, eff. Sept. 1, 
1997.     


	§ 417.006. FIRE AND ARSON INVESTIGATORS.  The state fire 
marshal may commission peace officers to act as fire and arson 
investigators under his supervision and to perform other law 
enforcement duties assigned to the commissioner and the state fire 
marshal by law.  The state fire marshal may revoke a peace officer's 
commission under this section for just cause.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 
1993, 73rd Leg., ch. 912, § 22, eff. Sept. 1, 1993;  Acts 1997, 
75th Leg., ch. 1172, § 3.03, eff. Sept. 1, 1997.


	§ 417.007. INVESTIGATION OF FIRE.  (a) The state fire 
marshal shall immediately investigate a fire occurring in this 
state in which property is destroyed 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 a building 
or premises at which a fire is in progress or has occurred and 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 or premises has been relinquished, entry 
must be in compliance with search and seizure law and applicable 
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.  The state 
fire marshal shall make a written report of the investigation to the 
commissioner.
	(d)  If the state fire marshal believes that further 
investigation is necessary, the state fire marshal shall take sworn 
statements from persons who in his opinion can supply relevant 
information and shall have the statements put in writing.  The state 
fire marshal may administer oaths and compel the attendance of 
witnesses and the production of documents.
	(e)  If the state fire marshal believes that there is 
sufficient evidence to charge a person with arson, attempted arson, 
conspiracy to commit fraud, or another offense related to the 
matter under investigation, the state fire marshal shall give to 
the appropriate prosecuting attorney all evidence and relevant 
information that has been obtained, including the names of 
witnesses.  The state fire marshal shall arrest the person if the 
person has not been arrested by some other authority.  The state 
fire marshal shall assist in the prosecution of any complaint he 
files.
	(f)  The state fire marshal may, in his discretion, conduct 
or direct the conduct of an investigation in private and may exclude 
from the place of the investigation persons not needed for the 
investigation.  Witnesses may be separated from each other and not 
be allowed to communicate with other witnesses until after they 
have testified.
	(g)  The state fire marshal may elect to withhold from the 
public any testimony taken in an investigation under this section.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 186, § 2, eff. Aug. 28, 1989;  Acts 
1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 1997, 
75th Leg., ch. 1172, § 3.04, eff. Sept. 1, 1997.


	§ 417.0075. INVESTIGATION OF FIREFIGHTER FATALITY.  (a) 
In this section, the term "firefighter" includes an individual who 
performs fire suppression duties for a governmental entity or 
volunteer fire department.
	(b)  If a firefighter dies in the line of duty in connection 
with a fire-fighting incident in this state, the state fire marshal 
shall investigate the circumstances surrounding the death of the 
firefighter, including the cause and origin of the fire, the 
condition of the structure, and the suppression operation, to 
determine the factors 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 local government officials 
and may enlist established fire service organizations and private 
entities to assist in the investigation.
	(d)  The state fire marshal shall release a report concerning 
an investigation conducted under this section on completion of the 
investigation.
	(e)  Not later than October 31 of each year, the state fire 
marshal shall deliver to the commissioner a detailed report about 
the findings of each investigation conducted under this section in 
the preceding year.
	(f)  Information gathered in an investigation conducted 
under this section is subject to Section 552.108.
	(g)  The authority granted to the state fire marshal under 
this section shall not limit in any way the authority of the county 
or municipal fire marshal to conduct the county or municipal fire 
marshal's own investigation into the death of a firefighter within 
the county or municipal fire marshal's jurisdiction.

Added by Acts 2001, 77th Leg., ch. 846, § 1, eff. Sept. 1, 2001.           


	§ 417.008. RIGHT OF ENTRY;  EXAMINATION AND CORRECTION OF 
DANGEROUS CONDITIONS.  (a) On the complaint of any person, the 
state fire marshal, at any reasonable time, is entitled to enter any 
building or premises in the state.
	(b)  The state fire marshal shall enter and is entitled, at 
any time, to enter any mercantile, manufacturing, or public 
building, place of amusement, or place where public gatherings are 
held, or any premises belonging to such a building or place, and 
make a thorough examination.
	(c)  The state fire marshal shall order the removal of a 
building or structure or other remedial action if he finds that:
		(1)  the building or other structure, because of lack 
of repair, age, dilapidated condition, or other reason, is 
susceptible to fire and is so located or occupied that fire would 
endanger persons or property in the building or structure;
		(2)  a dangerous condition is created by:                                     
			(A)  an improper arrangement of stoves, ranges, 
furnaces, or other heating appliances, including chimneys, flues, 
and pipes with which they are connected, or by their lighting 
systems or devices;  or
			(B)  the manner of storage of explosives, 
compounds, petroleum, gasoline, kerosene, dangerous chemicals, 
vegetable products, ashes, or combustible, flammable, or refuse 
materials;  or
		(3)  any other condition exists that is dangerous or is 
liable to cause or promote fire or create danger for fire fighters, 
occupants, or other buildings or structures.
	(d)  The occupant or owner of the building or premises shall 
immediately comply with an order made by the state fire marshal 
under this section.  The state fire marshal may, if necessary, apply 
to a court of competent jurisdiction for writs or orders necessary 
to enforce this section, and the court may grant appropriate 
relief.  The state fire marshal is not required to give a bond.
	(e)  The commissioner may adopt by rule any appropriate 
standard developed by a nationally recognized standards-making 
association under which the state fire marshal may enforce this 
section, except that standards adopted by rule under this 
subsection do not apply in a geographic area under the jurisdiction 
of a local government that has adopted fire protection ordinances 
that apply in the geographic area.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 186, § 2, eff. Aug. 28, 1989;  Acts 
1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 1991;  Acts 1993, 
73rd Leg., ch. 912, § 23, eff. Sept. 1, 1993;  Acts 1997, 75th 
Leg., ch. 1172, § 3.05, eff. Sept. 1, 1997.


	§ 417.0081. INSPECTION OF CERTAIN STATE-OWNED 
BUILDINGS.  The state fire marshal, at the commissioner's 
direction, shall periodically inspect public buildings under the 
charge and control of the General Services Commission.

Added by Acts 1993, 73rd Leg., ch. 684, § 49, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 1172, § 3.06, eff. Sept. 1, 
1997.


	§ 417.0082. PROTECTION OF CERTAIN STATE-OWNED BUILDINGS 
AGAINST FIRE HAZARDS.  (a) The state fire marshal, under the 
direction of the commissioner, shall take any action necessary to 
protect a public building under the charge and control of the 
General Services Commission, and the building's occupants, against 
an existing or threatened fire hazard.
	(b)  The commissioner and the General Services Commission 
shall make and each adopt by rule a memorandum of understanding that 
coordinates the agency's duties under this section.

Added by Acts 1993, 73rd Leg., ch. 684, § 52, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Government Code § 419.0081, and 
amended by Acts 1997, 75th Leg., ch. 1172, § 3.07, eff. Sept. 1, 
1997.


	§ 417.0083. FIRE SUPPRESSION RATINGS SCHEDULE.  (a) The 
state fire marshal shall perform duties as directed by the 
commissioner relating to the department's fire suppression ratings 
schedule.
	(b)  The state fire marshal may provide technical assistance 
to paid fire departments, volunteer fire departments, and local 
governments responding to the use of the fire suppression ratings 
schedule.

Added by Acts 1991, 72nd Leg., ch. 628, § 4, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Government Code § 419.901 and amended 
by Acts 1997, 75th Leg., § 3.08, eff. Sept. 1, 1997.


	§ 417.009. DELEGATION OF AUTHORITY.  (a) If for any 
reason the state fire marshal is unable to make a required 
investigation in person, the marshal may designate the fire marshal 
of the city or town where the investigation is to be made or another 
suitable person to act for the state fire marshal.
	(b)  The designated person has the same authority with 
respect to the investigation as is provided by this chapter for the 
state fire marshal.  The designated person is entitled to 
compensation as provided by the commissioner.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by 1, 1997;  Acts 1991, 72nd Leg., ch. 628, § 5, eff. Sept. 1, 
1991 by Acts 1997, 75th Leg., ch. 1172, § 3.09, eff. Sept.


	§ 417.010. ALTERNATE REMEDIES.  The state fire marshal, 
in the enforcement of a law that is enforced by or through the state 
fire marshal, may in lieu of cancelling, revoking, or suspending a 
license or certificate of registration impose on the holder of the 
license or certificate of registration an order directing the 
holder to do one or more of the following:
		(1)  cease and desist from a specified activity;                              
		(2)  remit to the commissioner within a specified time 
a monetary forfeiture not to exceed $10,000 for each violation of an 
applicable law or rule;  and
		(3)  make restitution to a person harmed by the holder's 
violation of an applicable law or rule.

Added by Acts 1993, 73rd Leg., ch. 912, § 24, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 1172, § 3.10, eff. Sept. 1, 
1997.