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.