HBA-EVB S.B. 839 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 839 By: West Public Safety 4/30/1999 Engrossed 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. S.B. 839 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 rulemaking authority is expressly delegated to the state fire marshall in SECTION 1 (Section 756.084, Health and Safety Code). SECTION BY SECTION ANALYSIS SECTION 1. Chapter 756, Health and Safety Code, is amended by adding Subchapter F, as follows: SUBCHAPTER F. SECURITY BARS Sec. 756.081. DEFINITIONS. Defines "bedroom," "board," "department," "residential dwelling," and "security bars." Sec. 756.082. SECURITY BARS ON RESIDENTIAL DWELLING. Prohibits a person from installing security bars on a door or window of a bedroom in a residential dwelling unless: (1) the security bars on at least one door or window in the bedroom have an interior release mechanism; or (2) at least one window or door from the bedroom to the exterior may be opened for emergency escape or rescue. Sec. 756.083. LABELING REQUIREMENT. Prohibits a person from selling security bars or offering security bars for sale in this state unless the security bars or their packaging are labeled in accordance with rules adopted by the state fire marshal. Provides that the required label must state the requirements of Section 756.082, Health and Safety Code. Sec. 756.084. TESTING. (a) Provides that an interior release mechanism, to qualify for use under Section 756.082(1), Health and Safety Code, 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. (b) 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 the rules required by Sections 756.083 and 756.084, Health and Safety Code, as added by this Act, not later than December 15, 1999. SECTION 3. Makes application of this Act prospective to security bars installed, sold, or offered for sale on or after January 1, 2000. SECTION 4. Emergency clause.