Texas 2015 - 84th Regular

Texas Senate Bill SB1197 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7871 SCL-F
2	2	By: Eltife S.B. No. 1197
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to fire investigations by the state fire marshal; creating
8	8	a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 417.007, Government Code, is amended by
11	11	amending Subsections (a), (b), and (c) and adding Subsections (b-1)
12	12	and (b-2) to read as follows:
13	13	(a) The state fire marshal shall immediately investigate a
14	14	fire occurring in this state in which property is destroyed or an
15	15	individual dies or is injured if the commissioner directs the
16	16	investigation or, in the discretion of the commissioner, if the
17	17	investigation is requested by:
18	18	(1) the mayor, fire chief, fire marshal, or police
19	19	chief of a municipality in which a fire occurs;
20	20	(2) a county or district judge, sheriff, county fire
21	21	marshal, chief or fire marshal of a fire department in an
22	22	unincorporated area, or county attorney of a county in which a fire
23	23	occurs;
24	24	(3) a fire insurance company interested in a loss or
25	25	the company's general, state, or special agent;
26	26	(4) an insurance policyholder, property owner, or
27	27	lessee sustaining a fire loss;
28	28	(5) a justice of the peace or a constable of a precinct
29	29	in which a fire occurs; or
30	30	(6) officials of a state or federal law enforcement
31	31	agency or local or special governmental district involved or
32	32	interested in a fire loss that occurred in this state.
33	33	(b) The state fire marshal at any time may enter and examine
34	34	a building, vehicle, or premises at which a fire is in progress or
35	35	has occurred and an adjacent building, vehicle, or premises [is
36	36	under control of law enforcement or fire service officials] to
37	37	investigate the cause, origin, and circumstances of the fire. If
38	38	control of the building, vehicle, or premises has been
39	39	relinquished, entry must be in compliance with search and seizure
40	40	law and applicable federal law.
41	41	(b-1) The state fire marshal may obtain an order from a
42	42	magistrate to conduct an examination under Subsection (b) if entry
43	43	is refused. The order must:
44	44	(1) limit the investigation to the circumstances of
45	45	the origin and cause of the fire; and
46	46	(2) be executed in accordance with Articles 18.06 and
47	47	18.07, Code of Criminal Procedure.
48	48	(b-2) If the state fire marshal determines in an
49	49	investigation conducted under Subsection (b) that a criminal
50	50	offense occurred, the state fire marshal shall comply with state
51	51	search and seizure law and federal law.
52	52	(c) The state fire marshal shall conduct the investigation
53	53	at the place of the fire and before an insured loss may be paid. The
54	54	state fire marshal shall ascertain, if possible, whether the fire
55	55	was caused intentionally, carelessly, [or] accidentally, or by
56	56	natural causes. The state fire marshal shall make a written report
57	57	of the investigation to the commissioner.
58	58	SECTION 2. Sections 417.0075(b) and (c), Government Code,
59	59	are amended to read as follows:
60	60	(b) If a firefighter dies in the line of duty or if the
61	61	firefighter's death occurs in connection with an on-duty incident
62	62	in this state, the state fire marshal shall investigate the
63	63	circumstances surrounding the death of the firefighter, including
64	64	the cause of the fire and any factors and criminal offenses that may
65	65	have contributed to the death of the firefighter.
66	66	(c) In conducting an investigation under this section, the
67	67	state fire marshal has the same powers as those granted to the state
68	68	fire marshal under Section 417.007. The state fire marshal shall
69	69	coordinate the investigative efforts of federal, state, and local
70	70	governmental entities [government officials] and may enlist
71	71	established fire service organizations and private entities to
72	72	assist in the investigation.
73	73	SECTION 3. Chapter 417, Government Code, is amended by
74	74	adding Sections 417.0076, 417.0077, 417.0078, and 417.0079 to read
75	75	as follows:
76	76	Sec. 417.0076. PRIVACY OF INVESTIGATIONS. (a) In an
77	77	investigation under this chapter, the state fire marshal may:
78	78	(1) conduct the investigation in private;
79	79	(2) prevent an individual who is not under
80	80	investigation from accessing a building, vehicle, or premises under
81	81	investigation;
82	82	(3) prevent an individual not needed for the
83	83	investigation from accessing a building, vehicle, or premises under
84	84	investigation; and
85	85	(4) keep witnesses separated until each witness is
86	86	examined.
87	87	(b) The state fire marshal may withhold from the public any
88	88	testimony or personal property taken in an investigation under this
89	89	chapter.
90	90	Sec. 417.0077. SERVICE OF PROCESS. Service of process
91	91	required by this chapter must be made by a peace officer and signed
92	92	by the state fire marshal.
93	93	Sec. 417.0078. EFFECT ON CIVIL ACTIONS. An action taken by
94	94	the state fire marshal in the investigation of a fire does not
95	95	affect the rights of an insurance policyholder or any person
96	96	regarding a loss caused by the fire.
97	97	Sec. 417.0079. LIMITATION OF LIABILITY. The state fire
98	98	marshal and the assistants and employees of the state fire marshal
99	99	are not liable for an act or omission in the performance of their
100	100	duties unless the act or omission is the result of gross negligence
101	101	or intentional conduct.
102	102	SECTION 4. Chapter 417, Government Code, is amended by
103	103	adding Section 417.011 to read as follows:
104	104	Sec. 417.011. CRIMINAL OFFENSE; IMPEDING INVESTIGATION.
105	105	(a) A person commits an offense if the person, in connection with
106	106	an investigation conducted under this chapter:
107	107	(1) refuses to provide testimony under oath; or
108	108	(2) on the request of the state fire marshal, fails to
109	109	provide to the state fire marshal any book, paper, or other document
110	110	relating to a matter under investigation.
111	111	(b) An offense under this section is a Class B misdemeanor.
112	112	(c) If a witness refuses to cooperate with an investigation
113	113	conducted under this chapter, the state fire marshal shall refer
114	114	the matter to the appropriate prosecuting attorney.
115	115	SECTION 5. Sections 417.007(f) and (g), Government Code,
116	116	are repealed.
117	117	SECTION 6. This Act takes effect September 1, 2015.