84R20402 SCL-D
By: Kuempel H.B. No. 2426
Substitute the following for H.B. No. 2426:
By: Anderson of Dallas C.S.H.B. No. 2426
A BILL TO BE ENTITLED
AN ACT
relating to the effect on local regulation of state law for fire
extinguisher service and installation; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 6001, Insurance Code, is
amended by adding Section 6001.003 to read as follows:
Sec. 6001.003. EFFECT ON LOCAL REGULATION. (a) This
chapter and the rules adopted under this chapter have uniform force
and effect throughout this state. A municipality or county may not
adopt or enforce an ordinance, order, or rule inconsistent with
this chapter or rules adopted under this chapter. An inconsistent
ordinance, order, or rule is void and has no effect.
(b) Notwithstanding Subsection (a), a municipality or
county may by ordinance or order:
(1) require the installation of a fixed fire
extinguisher system or portable fire extinguisher in certain
facilities if the installation conforms to the applicable laws of
this state; and
(2) adopt more stringent standards for a fixed fire
extinguisher system or portable fire extinguisher or standards that
create a safer condition than the standards established under this
chapter and the rules adopted under this chapter.
(c) A municipality, county, or other political subdivision
of this state may not require, as a condition of engaging in
business or performing any activity authorized under this chapter,
that a registered firm, a license holder, or an employee of a
license holder:
(1) obtain a registration, franchise, or license;
(2) pay any fee or franchise tax; or
(3) post a bond.
(d) Notwithstanding any other provision of this section or
Section 6001.156, a municipality or county may by ordinance or
order require a registered firm to obtain a permit and pay a permit
fee for the installation of a fixed fire extinguisher system and
require that the installation of such a fixed fire extinguisher
system be in conformance with the building code or other
construction requirements of the municipality or county and the
laws of this state.
(e) Notwithstanding Subsection (d), a municipality or
county may not impose qualification or financial responsibility
requirements other than proof of a registration certificate.
(f) A political subdivision may not require a registered
firm, a license holder, or an employee of a registered firm to
maintain a business location or residency within that political
subdivision to engage in a business or perform any activity
authorized under this chapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.