HBA-DMD H.B. 1365 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1365
By: Burnam
Public Safety
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

The National Fire Protection Association estimates that at least 16 people
die each year in residential fires due to their inability to escape through
burglar bars. Currently, there is no state law requiring that all Texas
residences have at least one escape route, through a window or door, from
each bedroom either completely clear of burglar bars or fitted with burglar
bars equipped with a quickrelease mechanism. H.B. 1365 prohibits a person
from installing security bars on a bedroom door or window in a residential
dwelling, with certain exceptions. This bill prohibits a person from
selling or offering to sell security bars unless the security bars or their
packaging are labeled with certain requirements. This bill also provides
that in order to qualify for use, an interior release mechanism must be
tested and shown to be effective by the state fire marshal or by a testing
laboratory under conditions and procedures approved by the state fire
marshal. It requires the state fire marshal to adopt rules to implement
testing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill
expressly delegates rulemaking authority to the state fire marshal in
SECTION 1 (Sections 756.083 and 756.084, Health and Safety Code) and in
SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 765, Health and Safety Code, by adding
Subchapter F, as follows: 

SUBCHAPTER F.  SECURITY BARS

Sec. 756.081.  DEFINITIONS.  Defines "bedroom," "board," "department,"
"residential dwelling," and "security bars." 

Sec. 765.082.  SECURITY BARS ON RESIDENTIAL DWELLINGS.  Prohibits a person
from installing security bars on a bedroom door or window in a residential
dwelling unless the security bars on at least one door or window have an
interior release mechanism or unless at least one bedroom window or door
leading outside may be opened for emergency escape or rescue. 

Sec. 765.083.  LABELING REQUIREMENT.  Prohibits a person from selling or
offering to sell security bars unless the security bars or their packaging
are labeled with the requirements of Section 756.082 in accordance with
rules adopted by the state fire marshal. 

Section 756.084.  TESTING.  Provides that in order to qualify for use under
Section 756.082 an interior release mechanism must be tested and shown to
be effective by the state fire marshal or by a testing laboratory under
conditions and procedures approved by the state fire marshal. Requires the
state fire marshal to adopt rules to implement this section. 

SECTION 2.Effective date: September 1, 1999.
  Requires the state fire marshal to adopt rules no later than December
15,1999. 

SECTION 3.Makes application of this Act prospective.
 
SECTION 4.Emergency clause.