84R7871 SCL-F
By: Eltife S.B. No. 1197
A BILL TO BE ENTITLED
AN ACT
relating to fire investigations by the state fire marshal; creating
a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 417.007, Government Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections (b-1)
and (b-2) to read as follows:
(a) The state fire marshal shall immediately investigate a
fire occurring in this state in which property is destroyed or an
individual dies or is injured 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 and examine
a building, vehicle, or premises at which a fire is in progress or
has occurred and an adjacent building, vehicle, or premises [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, vehicle, or premises has been
relinquished, entry must be in compliance with search and seizure
law and applicable federal law.
(b-1) The state fire marshal may obtain an order from a
magistrate to conduct an examination under Subsection (b) if entry
is refused. The order must:
(1) limit the investigation to the circumstances of
the origin and cause of the fire; and
(2) be executed in accordance with Articles 18.06 and
18.07, Code of Criminal Procedure.
(b-2) If the state fire marshal determines in an
investigation conducted under Subsection (b) that a criminal
offense occurred, the state fire marshal shall comply with state
search and seizure law and 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, or by
natural causes. The state fire marshal shall make a written report
of the investigation to the commissioner.
SECTION 2. Sections 417.0075(b) and (c), Government Code,
are amended to read as follows:
(b) If a firefighter dies in the line of duty or if the
firefighter's death occurs in connection with an on-duty incident
in this state, the state fire marshal shall investigate the
circumstances surrounding the death of the firefighter, including
the cause of the fire and any factors and criminal offenses 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 federal, state, and local
governmental entities [government officials] and may enlist
established fire service organizations and private entities to
assist in the investigation.
SECTION 3. Chapter 417, Government Code, is amended by
adding Sections 417.0076, 417.0077, 417.0078, and 417.0079 to read
as follows:
Sec. 417.0076. PRIVACY OF INVESTIGATIONS. (a) In an
investigation under this chapter, the state fire marshal may:
(1) conduct the investigation in private;
(2) prevent an individual who is not under
investigation from accessing a building, vehicle, or premises under
investigation;
(3) prevent an individual not needed for the
investigation from accessing a building, vehicle, or premises under
investigation; and
(4) keep witnesses separated until each witness is
examined.
(b) The state fire marshal may withhold from the public any
testimony or personal property taken in an investigation under this
chapter.
Sec. 417.0077. SERVICE OF PROCESS. Service of process
required by this chapter must be made by a peace officer and signed
by the state fire marshal.
Sec. 417.0078. EFFECT ON CIVIL ACTIONS. An action taken by
the state fire marshal in the investigation of a fire does not
affect the rights of an insurance policyholder or any person
regarding a loss caused by the fire.
Sec. 417.0079. LIMITATION OF LIABILITY. The state fire
marshal and the assistants and employees of the state fire marshal
are not liable for an act or omission in the performance of their
duties unless the act or omission is the result of gross negligence
or intentional conduct.
SECTION 4. Chapter 417, Government Code, is amended by
adding Section 417.011 to read as follows:
Sec. 417.011. CRIMINAL OFFENSE; IMPEDING INVESTIGATION.
(a) A person commits an offense if the person, in connection with
an investigation conducted under this chapter:
(1) refuses to provide testimony under oath; or
(2) on the request of the state fire marshal, fails to
provide to the state fire marshal any book, paper, or other document
relating to a matter under investigation.
(b) An offense under this section is a Class B misdemeanor.
(c) If a witness refuses to cooperate with an investigation
conducted under this chapter, the state fire marshal shall refer
the matter to the appropriate prosecuting attorney.
SECTION 5. Sections 417.007(f) and (g), Government Code,
are repealed.
SECTION 6. This Act takes effect September 1, 2015.