Texas House Bill HB3837

Texas 2019 - 86th Regular

Caption

Relating to the offense of failure to comply with an order from a fire marshal and the authority of certain county employees to issue citations for certain violations; changing a criminal penalty.

Impact

An important aspect of HB 3837 is its provision allowing county employees in counties with populations over 3.3 million to issue citations for infractions related to fire safety. This extends enforcement powers beyond traditional peace officers to certified fire inspectors. Such an expansion of authority could enhance the efficiency of fire safety enforcement in densely populated areas, ensuring that violations are addressed more promptly and effectively, thereby potentially reducing risks to public safety.

Summary

House Bill 3837 aims to amend certain sections of the Local Government Code concerning the enforcement of fire safety regulations. The bill enhances penalties for individuals who fail to comply with orders issued by fire marshals, categorizing such failures into different classes of misdemeanors based on the severity of the offense, including scenarios that lead to bodily injury or death, and establishing a framework for repeat offenders that could escalate to felony charges. This legislative change emphasizes a firmer response to compliance issues in fire safety, recognizing the potential risks and consequences of non-compliance.

Contention

The bill could face contention regarding the balance between adequate enforcement of safety regulations and the potential overreach into individual rights. Critics may argue that empowering non-law enforcement county employees to issue citations could lead to misapplication of authority or excessive fines for minor infractions. Supporters, however, would likely assert that such measures are necessary for the effective administration of fire safety laws, particularly in high-population areas where the stakes for compliance are significantly high.