HBA-EVB S.B. 295 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 295
By: Jackson
Insurance
4/24/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, a fire extinguisher without a label of approval cannot be
leased, sold, rented, serviced, or installed. Once used, a portable fire
extinguisher will often have the label of approval missing or defaced. A
missing label often results in the fire extinguisher being discarded. S.B.
295 authorizes a person to service certain portable fire extinguishers.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 1 (Section 5, Article 5.43-1, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5, Article 5.43-1, Insurance Code, by amending
Subsection (a) and adding Subsection (e), as follows: 

(a) Prohibits the lease, sale, rental, service, or installation of a
portable fire extinguisher, fixed fire extinguisher system, or extinguisher
equipment in this state unless it carries a label of approval or listing of
a testing laboratory approved by the Texas Department of Insurance, rather
than State Board of Insurance, except as provided by Subsection (e) of this
section. 

(e) Requires the commissioner of insurance, by rule, to permit a person to
service a portable fire extinguisher regardless of whether it carries a
label described by Subsection (a) of this section. 

SECTION 2. Amends Section 10, Article 5.43-1, Insurance Code, to make a
conforming change. 

SECTION 3. Requires the commissioner of insurance to adopt rules under
Section 5(a), Article 5.431, Insurance Code, not later than January 1,
2000. 

SECTION 4. Emergency clause.
  Effective date: upon passage.