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80C72(2) PB

CONFORMING AMENDMENT.

Subtitle B, Title 12, Occupations Code, is amended by adding

Chapter 1959 to read as follows:

CHAPTER 1959. FIRE EXTINGUISHER SERVICE AND INSTALLATION

SUBCHAPTER A.

GENERAL PROVISIONS

Revised Law

1959.001.

PURPOSE.

The purpose of this

chapter is to safeguard lives and property by:

regulating:

the leasing, selling, installing, and servicing of portable fire extinguishers; and

the planning, certifying, installing, and servicing of fixed fire extinguisher systems; and

prohibiting portable fire extinguishers, fixed fire extinguisher systems, or extinguisher equipment that is not labeled or listed by a testing laboratory approved by the department.

(V.T.I.C. Art. 5.43-1,

Sec. 1.)

Source Law

The purpose of this

article is to regulate the leasing, renting, selling, installing, and servicing of portable fire extinguishers and the planning, certifying, installing, or servicing of fixed fire extinguisher systems, and to prohibit portable fire extinguishers, fixed fire extinguisher systems, and extinguisher equipment not labeled or listed by a testing laboratory approved by the State Board of Insurance, in the interest of safeguarding lives and property.

Revisor's Note

Section 1, V.T.I.C.

Article 5.43-1, refers to the "State Board of Insurance."

Chapter 685, Acts of the 73rd Legislature, Regular Session, 1993, abolished the State Board of Insurance and transferred its functions to the commissioner of insurance and the Texas Department of Insurance. Throughout this chapter, the revised law substitutes, as appropriate, references to the commissioner or the department for references to the State Board of Insurance.

Section 1, V.T.I.C.

Article 5.43-1, refers to the "leasing, renting, selling, installing, and servicing of portable fire extinguishers."

The revised law omits the reference to "renting" because that term is included within the meaning of "leasing." Similar changes are made throughout this chapter.

Revised Law

1959.002.

DEFINITIONS.

In this chapter:

"Commissioner" means the commissioner of insurance.

"Department" means the Texas Department of Insurance.

"Firm" means an individual, partnership, corporation, or association.

"Fixed fire extinguisher system" means an assembly of piping, conduits, or containers that convey liquid, powder, or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires.

"Hydrostatic testing" means pressure testing by hydrostatic methods.

"Insurance agent" means:

an individual, firm, or corporation licensed under:

Subchapter E,

Chapter 981, Insurance Code; or

Subchapters A-E or G,

Chapter 4051, Insurance Code; or

an individual authorized to represent an insurance fund or pool created by a municipality, county, or other political subdivision of this state under

Chapter 791, Government Code.

"Portable fire extinguisher" means any device that contains liquid, powder, or gases for suppressing or extinguishing fires.

"Registered firm" means a firm that holds a registration certificate.

"Service" and "servicing" mean servicing a portable fire extinguisher or a fixed fire extinguisher system by inspecting, charging, filling, maintaining, recharging, refilling, repairing, or testing.

(V.T.I.C. Art. 5.43-1,

Sec. 3; New.)

Source Law

As used in this

article the following terms have the meanings specified in this section.

"Firm" means any person, partnership, corporation, or association.

"Hydrostatic testing" means pressure testing by hydrostatic methods.

"Portable fire extinguisher" means any device that contains liquid, powder, or gases for suppressing or extinguishing fires.

"Service and servicing" means servicing portable fire extinguishers or fixed fire extinguisher systems by inspecting, charging, filling, maintaining, recharging, refilling, repairing, or testing.

"Fixed fire extinguisher systems" means those assemblies of piping, conduits, or containers that convey liquid, powder, or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires.

[as added Acts 71st Leg., R.S., Ch. 762]

"Registered firm" means a person, partnership, corporation, or association that holds a current certificate of registration.

[as added Acts 71st Leg., R.S., Ch. 823]

"Insurance agent" means:

a person, firm, or corporation licensed under

Article 21.14 or 1.14-2 of this code;

a salaried, state, or special agent; or

a person authorized to represent an insurance fund or pool created by a city, county, or other political subdivision of the state under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).

Revisor's Note

For purposes of the Insurance Code and other insurance laws, including the law being revised in this chapter,

Section 31.001, Insurance Code, defines "commissioner" and "department" as "commissioner of insurance" and "Texas Department of Insurance," respectively.

The revised law includes these

definitions in this

chapter for accuracy and for the convenience of the reader.

Section 3(a), V.T.I.C.

Article 5.43-1, refers to "any person, partnership, corporation, or association."

The revised law substitutes "individual" for the reference to "person" because it is clear from the context that "person" means an individual.

The revised law also substitutes "individual" for "person" because the Code Construction Act definition of "person,"

Section 311.005(2), Government Code, which applies to the Occupations Code, did not apply to V.T.I.C.

Article 5.43-1. The use of "individual" avoids the erroneous application of the Code Construction Act definition of "person."

Similar changes are made throughout this chapter.

Section 3(f)(1), V.T.I.C.

Article 5.43-1, as added by

Section 1,

Chapter 823, Acts of the 71st Legislature, Regular Session, 1989, refers to an insurance agent "licensed under

Article 21.14 or 1.14-2 of this code."

V.T.I.C

Article 21.14 was revised as Subchapters A-E and G,

Chapter 4051, Insurance Code, and those portions of V.T.I.C.

Article 1.14-2 relating to licensing were revised as Subchapter E,

Chapter 981, Insurance Code. The revised law is drafted accordingly.

Section 3(f)(2), V.T.I.C.

Article 5.43-1, as added by

Section 1,

Chapter 823, Acts of the 71st Legislature, Regular Session, 1989, refers to "a salaried, state, or special agent."

The revised law omits the reference to "salaried, special, or state agent" because those are obsolete terms for types of property insurance agents that are included in the category of agents licensed under Subchapters A-E and G,

Chapter 4051, Insurance Code.

Section 3(f)(3), V.T.I.C.

Article 5.43-1, as added by

Section 1,

Chapter 823, Acts of the 71st Legislature, Regular Session, 1989, refers to "an insurance fund or pool created

under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes)."

Article 4413(32c), Vernon's Texas Civil Statutes, was revised as

Chapter 791, Government Code.

The revised law is drafted accordingly.

Section 3(f), V.T.I.C.

Article 5.43-1, as added by

Section 2,

Chapter 762, Acts of the 71st Legislature, Regular Session, 1989, refers to an entity that "holds a current certificate of registration."

The revised law omits "current" as unnecessary because the word does not add to the clear meaning of the law.

For example, a document purporting to be a certificate of registration is no longer a certificate of registration if it is expired.

[Sections 1959.003-1959.050 reserved for expansion]

SUBCHAPTER B.

POWERS AND DUTIES OF COMMISSIONER,

DEPARTMENT, AND STATE FIRE MARSHAL

Revised Law

1959.051.

ADMINISTRATION OF CHAPTER.

The department shall administer this chapter.

The commissioner may issue rules the commissioner considers necessary to administer this

chapter through the state fire marshal.

(V.T.I.C. Art. 5.43-1,

Sec. 2 (part).)

Source Law

The State Board of Insurance shall administer this

article and it may is