HBA-EVB S.B. 295 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 295 By: Jackson Insurance 4/24/1999 Engrossed BACKGROUND AND PURPOSE Currently, a fire extinguisher without a label of approval cannot be leased, sold, rented, serviced, or installed. Once used, a portable fire extinguisher will often have the label of approval missing or defaced. A missing label often results in the fire extinguisher being discarded. S.B. 295 authorizes a person to service certain portable fire extinguishers. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of insurance in SECTION 1 (Section 5, Article 5.43-1, Insurance Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5, Article 5.43-1, Insurance Code, by amending Subsection (a) and adding Subsection (e), as follows: (a) Prohibits the lease, sale, rental, service, or installation of a portable fire extinguisher, fixed fire extinguisher system, or extinguisher equipment in this state unless it carries a label of approval or listing of a testing laboratory approved by the Texas Department of Insurance, rather than State Board of Insurance, except as provided by Subsection (e) of this section. (e) Requires the commissioner of insurance, by rule, to permit a person to service a portable fire extinguisher regardless of whether it carries a label described by Subsection (a) of this section. SECTION 2. Amends Section 10, Article 5.43-1, Insurance Code, to make a conforming change. SECTION 3. Requires the commissioner of insurance to adopt rules under Section 5(a), Article 5.431, Insurance Code, not later than January 1, 2000. SECTION 4. Emergency clause. Effective date: upon passage.