HBA-DMD C.S.H.B. 1365 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1365 By: Burnam Public Safety 4/23/1999 Committee Report (Substituted) 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. C.S.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 (Section 756.083, Health and Safety Code) 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 is 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. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill by making nonsubstantive changes to conform to the Legislative Council format.