CHAPTER 417. STATE FIRE MARSHAL
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 417. STATE FIRE MARSHAL
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 983, Sec. 2, eff. Jan. 1,
1990; Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 912, Sec. 21, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Aug. 28,
1989. Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1124, Sec. 1, eff. Sept.
1, 2003.
Sec. 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, Sec. 3.02, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 912, Sec. 22, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1172, Sec. 3.03, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 186, Sec. 2, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1172, Sec. 3.04, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 186, Sec. 2, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 912, Sec. 23, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1172, Sec. 3.05, eff. Sept. 1, 1997.
Sec. 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, Sec. 49, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 3.06, eff.
Sept. 1, 1997.
Sec. 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
Texas Building and Procurement Commission, and the building's
occupants, against an existing or threatened fire hazard. The
state fire marshal and the Texas Building and Procurement
Commission shall include the State Office of Risk Management in
all communication concerning fire hazards.
(b) The commissioner, the Texas Building and Procurement
Commission, and the risk management board 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, Sec. 52, eff. Sept. 1,
1993. Renumbered from Government Code Sec. 419.0081, and amended
by Acts 1997, 75th Leg., ch. 1172, Sec. 3.07, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
407, Sec. 12, eff. September 1, 2007.
Sec. 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, Sec. 4, eff. Sept. 1,
1991. Renumbered from Government Code Sec. 419.901 and amended by
Acts 1997, 75th Leg., Sec. 3.08, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1172, Sec. 3.09, eff. Sept. 1,
1997.
Sec. 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, Sec. 24, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 3.10, eff.
Sept. 1, 1997.