Texas Senate Bill SB1197

Texas 2015 - 84th Regular

Caption

Relating to fire investigations by the state fire marshal; creating a criminal offense.

Impact

This legislation introduces significant changes to state laws governing fire investigations, particularly by stipulating the protocols for when and how investigations should be conducted. It empowers the state fire marshal with the authority to determine the need for investigations based on specified criteria and provides mechanisms for private investigations. The bill also aims to ensure the integrity of the investigation process by enforcing that participation is mandatory, thus improving accountability and thoroughness in addressing incidents of fire.

Summary

SB1197 is a proposed legislation aimed at enhancing the authority and functions of the state fire marshal regarding fire investigations in Texas. The bill amends existing sections of the Government Code, outlining the circumstances under which the state fire marshal is required to investigate incidents involving significant property damage, injuries, or fatalities resulting from fires. It emphasizes the ability of the fire marshal to collaborate with local and federal agencies, thereby fostering a more effective investigative framework that is responsive to emergencies involving fire-related incidents.

Contention

One of the notable points of contention surrounding SB1197 centers on the newly created criminal offense for impeding investigations. The bill defines a Class B misdemeanor for individuals who refuse to cooperate with investigations or fail to provide necessary documentation. Critics raise concerns about the balance between ensuring compliance during investigations and protecting individual rights, arguing that the criminalization of non-compliance may lead to unintended consequences and could be perceived as overreach by the state.

Further_provisions

Additional provisions of the bill address issues of privacy during investigations, allowing the fire marshal to limit access to sites under investigation. The bill also includes clauses to protect the liability of the state fire marshal and their employees in the performance of their duties, unless gross negligence or intentional conduct is proven. By these means, SB1197 seeks to enhance the operational capabilities of the fire marshal while also clarifying legal protections for the individuals involved in the investigative processes.