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Statutes > Texas > Insurance-code > Title-20-regulation-of-other-occupations > Chapter-6001-fire-extinguisher-service-and-installation

INSURANCE CODE

TITLE 20. REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001. FIRE EXTINGUISHER SERVICE AND INSTALLATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6001.001. PURPOSE. The purpose of this chapter is to

safeguard lives and property by:

(1) regulating:

(A) the leasing, selling, installing, and servicing of portable

fire extinguishers; and

(B) the planning, certifying, installing, and servicing of fixed

fire extinguisher systems; and

(2) prohibiting portable fire extinguishers, fixed fire

extinguisher systems, or extinguisher equipment that is not

labeled or listed by a testing laboratory approved by the

department.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.002. DEFINITIONS. In this chapter:

(1) "Firm" means an individual, partnership, corporation, or

association.

(2) "Fixed fire extinguisher system" means an assembly of

piping, conduits, or containers that convey liquid, powder, or

gases to dispersal openings or devices protecting one or more

hazards by suppressing or extinguishing fires.

(3) "Hydrostatic testing" means pressure testing by hydrostatic

methods.

(4) "Insurance agent" means:

(A) an individual, firm, or corporation licensed under:

(i) Subchapter E, Chapter 981; or

(ii) Subchapter A, B, C, D, E, or G, Chapter 4051; or

(B) an individual authorized to represent an insurance fund or

pool created by a municipality, county, or other political

subdivision of this state under Chapter 791, Government Code.

(5) "Portable fire extinguisher" means any device that contains

liquid, powder, or gases for suppressing or extinguishing fires.

(6) "Registered firm" means a firm that holds a registration

certificate.

(7) "Service" and "servicing" mean servicing a portable fire

extinguisher or a fixed fire extinguisher system by inspecting,

charging, filling, maintaining, recharging, refilling, repairing,

or testing.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONER,

DEPARTMENT, AND STATE FIRE MARSHAL

Sec. 6001.051. ADMINISTRATION OF CHAPTER. (a) The department

shall administer this chapter.

(b) The commissioner may issue rules the commissioner considers

necessary to administer this chapter through the state fire

marshal.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.052. ADOPTION OF RULES. (a) In adopting necessary

rules, the commissioner may use recognized standards, including

standards:

(1) published by the National Fire Protection Association;

(2) recognized by federal law or regulation;

(3) published by any nationally recognized standards-making

organization; or

(4) contained in the manufacturer's installation manuals.

(b) The commissioner shall adopt and administer rules determined

essentially necessary for the protection and preservation of life

and property regarding:

(1) registration of firms engaged in the business of:

(A) installing or servicing portable fire extinguishers or

planning, certifying, installing, or servicing fixed fire

extinguisher systems; or

(B) hydrostatic testing of fire extinguisher cylinders;

(2) the examination and licensing of individuals to:

(A) install or service portable fire extinguishers; and

(B) plan, certify, install, or service fixed fire extinguisher

systems; and

(3) requirements for:

(A) installing or servicing portable fire extinguishers; and

(B) planning, certifying, installing, or servicing fixed fire

extinguisher systems.

(c) The commissioner by rule shall prescribe requirements for

applications and qualifications for licenses, permits, and

certificates issued under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The commissioner may not adopt rules restricting

advertising or competitive bidding by the holder of a license,

permit, certificate, or approval issued under this chapter except

to prohibit false, misleading, or deceptive practices.

(b) In the commissioner's rules to prohibit false, misleading,

or deceptive practices, the commissioner may not include a rule

that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license, permit, certificate, or

approval holder's personal appearance or voice in an

advertisement;

(3) relates to the size or duration of an advertisement by the

license, permit, certificate, or approval holder; or

(4) restricts the license, permit, certificate, or approval

holder's advertisement under a trade name.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.054. GENERAL POWERS AND DUTIES OF DEPARTMENT. (a)

The department shall evaluate the qualifications of a firm:

(1) applying for a registration certificate to engage in the

business of installing or servicing portable fire extinguishers

or planning, certifying, installing, or servicing fixed fire

extinguisher systems; or

(2) seeking approval as a testing laboratory.

(b) The department shall issue:

(1) registration certificates for firms that qualify under

commissioner rules to engage in the business of installing or

servicing portable fire extinguishers or planning, certifying,

installing, or servicing fixed fire extinguisher systems; and

(2) licenses, apprentice permits, and authorizations to perform

hydrostatic testing to firms or individuals that qualify.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.055. FEES. (a) The commissioner shall set the fee

for:

(1) an initial firm registration certificate in an amount not to

exceed $450;

(2) the renewal of a firm registration certificate in an amount

not to exceed $300 annually;

(3) an initial branch office registration certificate in an

amount not to exceed $100;

(4) the renewal of a branch office registration certificate in

an amount not to exceed $100 annually;

(5) an initial registration certificate to perform hydrostatic

testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of

Transportation in an amount not to exceed $250;

(6) the renewal of a registration certificate to perform

hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United

States Department of Transportation in an amount not to exceed

$150 annually;

(7) an initial employee license fee in an amount not to exceed

$70;

(8) the annual renewal of an employee license in an amount not

to exceed $50; and

(9) an apprentice permit in an amount not to exceed $30.

(b) Unless the examination or reexamination for an employee

license is administered by a testing service, the commissioner

shall set a nonrefundable fee for:

(1) the initial examination in an amount not to exceed $30; and

(2) each reexamination in an amount not to exceed $20.

(c) The commissioner shall set a fee in an amount not to exceed

$20 for:

(1) a duplicate registration certificate, license, or apprentice

permit issued under this chapter; or

(2) any request requiring changes to a registration certificate,

license, or permit.

(d) On a change of ownership of a registered firm, the

department shall issue a new registration certificate with a new

number for a fee set by the commissioner in an amount not to

exceed $450. On a change of ownership of a branch office, the

commissioner shall charge a fee in an amount not to exceed $100.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.056. DEPOSIT IN OPERATING ACCOUNT. All money

collected under this chapter, other than penalties and monetary

forfeitures, shall be paid to the department and deposited in the

state treasury to the credit of the Texas Department of

Insurance operating account for use in administering this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER C. FIRE EXTINGUISHER ADVISORY COUNCIL

Sec. 6001.101. ADVISORY COUNCIL; APPOINTMENT. (a) The

commissioner may delegate the exercise of all or part of the

commissioner's functions, powers, and duties under this chapter,

other than the issuance of licenses, certificates, and permits,

to a fire extinguisher advisory council.

(b) The commissioner shall appoint the members of the advisory

council. The members of the council must:

(1) be experienced and knowledgeable in one or more of the

following:

(A) fire services;

(B) fire extinguisher manufacturing;

(C) fire insurance inspection or underwriting; or

(D) fire extinguisher servicing; or

(2) be members of a fire protection association or industrial

safety association.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.102. ADVISORY COUNCIL DUTIES. (a) The fire

extinguisher advisory council shall assist in the formulation

and review of rules adopted under this chapter.

(b) The advisory council shall periodically:

(1) review rules implementing this chapter; and

(2) recommend rule changes to the commissioner.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER D. REGISTRATION, LICENSE, AND PERMIT REQUIREMENTS

Sec. 6001.151. FIRM REGISTRATION CERTIFICATE REQUIRED. Unless

the firm holds a registration certificate issued by the

department, a firm may not engage in the business of:

(1) installing or servicing portable fire extinguishers; or

(2) planning, certifying, installing, or servicing fixed fire

extinguisher systems.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.152. BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED.

(a) Each separate office location of a firm holding a

registration certificate, other than the location identified on

the firm's certificate, must have a branch office registration

certificate issued by the department.

(b) Before issuing a branch office registration certificate, the

department must determine that the branch office location is part

of a registered firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.153. HYDROSTATIC TESTING; REGISTRATION CERTIFICATE

REQUIRED. (a) A firm may not perform hydrostatic testing of

fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of

Transportation unless the firm:

(1) complies with the procedures specified by that department

for compressed gas cylinders; and

(2) holds a registration certificate issued by the state fire

marshal authorizing hydrostatic testing.

(b) The license of an individual qualified to do work described

by Subsection (a) must indicate the authority of the individual

to perform that work.

(c) Hydrostatic testing of fire extinguishers that is not

performed under the specifications of the United States

Department of Transportation must be performed in the manner

recommended by the National Fire Protection Association.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.154. REQUIRED INSURANCE COVERAGE FOR REGISTRATION

CERTIFICATE. (a) The department may not issue a registration

certificate under this chapter unless the applicant files with

the department evidence of a general liability insurance policy

that includes products and completed operations coverage. The

policy must be conditioned to pay on behalf of the insured those

amounts that the insured becomes legally obligated to pay as

damages because of bodily injury and property damage caused by an

occurrence involving the insured or the insured's officer, agent,

or employee in the conduct of any activity that requires a

registration certificate or license under this chapter.

(b) Unless the commissioner, after notice and an opportunity for

a hearing, increases or decreases the limits, the limits of

insurance coverage required by Subsection (a) must be at least:

(1) $100,000 combined single limits for bodily injury and

property damage for each occurrence; and

(2) $300,000 aggregate for all occurrences for each policy year.

(c) The evidence of insurance required by this section must be

in the form of a certificate of insurance executed by an insurer

authorized to engage in the business of insurance in this state

and countersigned by an insurance agent licensed in this state.

A certificate of insurance for surplus lines coverage procured in

compliance with Chapter 981 through a surplus lines agent that is

licensed under Subchapter E, Chapter 981, and resident in this

state may be filed with the department as evidence of the

coverage required by this section.

(d) An insurance certificate executed and filed with the

department under this section remains in force until the insurer

has terminated future liability by the notice required by the

department.

(e) Failure to maintain the liability insurance required by this

section constitutes grounds for the denial, suspension, or

revocation, after notice and opportunity for hearing, of a

registration certificate issued under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.155. EMPLOYEE LICENSE REQUIRED. (a) Except as

provided by Section 6001.156, an individual, other than an

apprentice, must hold a license issued by the department before:

(1) installing or servicing portable fire extinguishers;

(2) installing, servicing, or certifying preengineered fixed

fire extinguisher systems; or

(3) planning, supervising, servicing, or certifying the

installation of fixed fire extinguisher systems other than

preengineered systems.

(b) An individual who holds a license to install or service

portable fire extinguishers or install and service fixed fire

extinguisher systems must be an employee or agent of a registered

firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.156. ACTIVITIES NOT REGULATED BY CHAPTER. (a) The

licensing provisions of this chapter do not apply to:

(1) the filling or charging of a portable fire extinguisher by

the manufacturer before initial sale of the fire extinguisher;

(2) the servicing by a firm of the firm's portable fire

extinguishers or fixed systems by the firm's personnel who are

specially trained for that servicing;

(3) the installation of portable fire extinguishers in a

building by the building owner, the owner's managing agent, or an

employee of the building owner or the owner's managing agent;

(4) the installation or servicing of water sprinkler systems

installed in compliance with the National Fire Protection

Association's Standards for the Installation of Sprinkler

Systems;

(5) a firm that is engaged in the retail or wholesale sale of

portable fire extinguishers that carry an approval label or

listing of a testing laboratory approved by the department, but

that is not engaged in the installation or servicing of those

extinguishers;

(6) a fire department that services portable fire extinguishers

as a public service without charge, if the members of the fire

department are trained in the proper servicing of the fire

extinguishers;

(7) a firm that is a party to a contract under which:

(A) the installation of portable fire extinguishers or a fixed

fire extinguisher system is performed under the direct

supervision of and certified by a firm appropriately registered

to install and certify portable extinguishers or fixed systems;

and

(B) the registered firm assumes full responsibility for the

installation; or

(8) an engineer licensed under Chapter 1001, Occupations Code,

while acting solely in the engineer's professional capacity.

(b) Except as provided by Subsection (a), only the holder of a

license or an apprentice permit issued under this chapter may:

(1) install or service portable fire extinguishers; or

(2) install and maintain fixed fire extinguisher systems.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.157. LICENSE EXAMINATION. (a) The state fire marshal

shall:

(1) establish the scope and type of an examination required by

this chapter; and

(2) examine each applicant for a license under this chapter.

(b) The state fire marshal may administer the examination or may

enter into an agreement with a testing service.

(c) If a testing service is used, the state fire marshal may

contract with the testing service regarding requirements for the

examination, including:

(1) examination development;

(2) scheduling;

(3) site arrangements;

(4) grading;

(5) reporting;

(6) analysis; or

(7) other administrative duties.

(d) The state fire marshal may require the testing service to:

(1) correspond directly with a license applicant regarding the

administration of the examination;

(2) collect a reasonable fee from an applicant for administering

the examination; or

(3) administer the examination at a specific location or time.

(e) The state fire marshal shall adopt rules as necessary to

implement examination requirements under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.158. EXAMINATION RESULTS. (a) Not later than the

30th day after the date on which a licensing examination is

administered under this chapter, the state fire marshal shall

send notice to each examinee of the results of the examination.

(b) If an examination is conducted, graded, or reviewed by a

testing service, the state fire marshal shall send notice to the

examinees of the results of the examination not later than the

14th day after the date on which the state fire marshal receives

the results from the testing service.

(c) If the notice of the examination results will be delayed for

more than 90 days after the examination date, the state fire

marshal, before the 90th day, shall send notice to the examinee

of the reason for the delay.

(d) The state fire marshal may require a testing service to

notify an examinee of the results of the examinee's examination

under Subsections (a) and (b).

(e) If requested in writing by an individual who fails the

licensing examination administered under this chapter, the state

fire marshal shall send to the individual an analysis of the

individual's performance on the examination.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.159. CONTINUING EDUCATION REQUIREMENTS. (a) The

commissioner may adopt procedures for certifying and may certify

continuing education programs for individuals licensed under this

chapter.

(b) Participation in the continuing education programs is

voluntary.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.160. RECIPROCAL LICENSE.The department may waive any

license requirement for an applicant who holds a license issued

by another state that has license requirements substantially

equivalent to the license requirements of this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.161. APPRENTICE PERMIT REQUIRED. (a) An individual

may not install or service portable fire extinguishers or fixed

fire extinguisher systems as an apprentice unless the individual

holds an apprentice permit issued by the department.

(b) An apprentice may perform a service described by Subsection

(a) only under the direct supervision of an individual who holds

a license issued under this chapter and who works for the same

firm as the apprentice.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.162. NOT TRANSFERABLE. A registration certificate,

license, or permit issued under this chapter is not transferable.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER E. RENEWAL OF REGISTRATION, LICENSE, OR PERMIT

Sec. 6001.201. RENEWAL REQUIRED; FEE. (a) A renewal of a

registration certificate or license issued under this chapter is

valid for a period of two years. The license or registration fee

for each year of the two-year period is payable on renewal.

(b) An apprentice permit expires on the first anniversary of the

date of issuance.

(c) The commissioner by rule may adopt a system under which

registration certificates, licenses, and permits expire on

various dates during the year. For the year in which an

expiration date of a registration certificate, license, or permit

is less than one year from its issuance or anniversary date, the

fee shall be prorated on a monthly basis so that each holder of a

registration certificate, license, or permit pays only that

portion of the renewal fee that is allocable to the number of

months during which the registration certificate, license, or

permit is valid. On each subsequent renewal, the total renewal

fee is payable.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.202. NOTICE OF EXPIRATION. At least 30 days before

the expiration date of a registration certificate or license, the

state fire marshal shall send written notice of the impending

expiration to the holder of the registration certificate or

license at the holder's last known address.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.203. RENEWAL PROCEDURES. (a) The holder of an

unexpired registration certificate or license may renew the

certificate or license by paying the required renewal fee to the

department before the expiration date of the certificate or

license.

(b) A firm or individual whose registration certificate or

license has been expired for 90 days or less may renew the

certificate or license by paying to the department:

(1) the required renewal fee; and

(2) a fee equal to one-half of the initial fee for the

certificate or license.

(c) A firm or individual whose registration certificate or

license has been expired for more than 90 days but less than two

years may renew the certificate or license by paying to the

department:

(1) all unpaid renewal fees; and

(2) a fee that is equal to the initial fee for the certificate

or license.

(d) A firm or individual whose registration certificate or

license has been expired for two years or longer may not renew

the certificate or license. The firm or individual may obtain a

new registration certificate or license by complying with the

requirements and procedures for obtaining an initial registration

certificate or license.

(e) This section may not be construed to prevent the department

from denying or refusing to renew a license under applicable law

or commissioner rules.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER F. PROHIBITED PRACTICES

AND DISCIPLINARY PROCEDURES

Sec. 6001.251. PROHIBITED PRACTICES. (a) An individual or firm

may not:

(1) engage in the business of installing or servicing portable

fire extinguishers without holding a registration certificate;

(2) engage in the business of planning, certifying, installing,

or servicing fixed fire extinguisher systems without holding a

registration certificate;

(3) install, service, or certify the servicing of portable fire

extinguishers or plan, certify, service, or install fixed fire

extinguisher systems without holding a license;

(4) perform hydrostatic testing of fire extinguisher cylinders

manufactured in accordance with the specifications and

requirements of the United States Department of Transportation

without holding a hydrostatic testing registration certificate;

(5) obtain or attempt to obtain a registration certificate or

license by fraudulent representation;

(6) install or service portable fire extinguishers or plan,

certify, service, or install fixed fire extinguisher systems in

violation of this chapter or the rules adopted and administered

under this chapter;

(7) except as provided by Subsection (b), install, service, or

hydrostatically test a fire extinguisher that does not have the

proper identifying labels;

(8) sell, install, service, or recharge a carbon tetrachloride

fire extinguisher; or

(9) except as provided by Subsection (b), lease, sell, service,

or install a portable fire extinguisher, a fixed fire

extinguisher system, or extinguisher equipment unless it carries

an approval label or listing label issued by a testing laboratory

approved by the department.

(b) The commissioner by rule shall permit an individual or firm

to service a portable fire extinguisher regardless of whether the

extinguisher carries a label described by Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.252. DISCIPLINARY ACTIONS. (a) The state fire

marshal may suspend, revoke, or refuse to issue or renew a

registration certificate, license, or permit if, after notice and

hearing, the state fire marshal finds that the applicant,

registrant, license holder, or permit holder has engaged in acts

that:

(1) violate this chapter;

(2) violate rules or standards adopted under this chapter; or

(3) constitute misrepresentation made in connection with:

(A) the sale of products; or

(B) services rendered.

(b) Subject to Section 6001.253, the commissioner may suspend,

revoke, or refuse to issue or renew a certificate, license,

permit, or approval.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.253. DISCIPLINARY HEARING. (a) If the state fire

marshal proposes to suspend, revoke, or refuse to renew a

license, permit, certificate, or approval issued under this

chapter, the holder of the license, permit, certificate, or

approval is entitled to a hearing conducted by the State Office

of Administrative Hearings.

(b) Proceedings for a disciplinary action are governed by

Chapter 2001, Government Code.

(c) Rules of practice adopted by the commissioner applicable to

the proceedings for a disciplinary action may not conflict with

rules adopted by the State Office of Administrative Hearings.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.254. REAPPLICATION REQUIREMENTS. (a) An applicant or

holder of a registration certificate, license, or permit whose

certificate, license, or permit has been refused or revoked under

this chapter, other than for failure to pass a required written

examination, may not file another application for a registration

certificate, license, or permit before the first anniversary of

the effective date of the refusal or revocation.

(b) After the first anniversary of the effective date of the

refusal or revocation, the applicant may:

(1) reapply; and

(2) in a public hearing, show good cause why the issuance of the

registration certificate, license, or permit is not against the

public safety and welfare.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.255. REEXAMINATION AFTER REVOCATION. An individual

whose license to service portable fire extinguishers or to

install or service fixed fire extinguisher systems has been

revoked must retake and pass the required written examination

before a new license may be issued.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER G. CRIMINAL PENALTY

Sec. 6001.301. CRIMINAL PENALTY. (a) A person commits an

offense if the person knowingly violates Section 6001.251(a).

(b) An offense under this section is a Class B misdemeanor.

(c) Venue for an offense under this section is in Travis County

or the county in which the offense is committed.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-20-regulation-of-other-occupations > Chapter-6001-fire-extinguisher-service-and-installation

INSURANCE CODE

TITLE 20. REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001. FIRE EXTINGUISHER SERVICE AND INSTALLATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6001.001. PURPOSE. The purpose of this chapter is to

safeguard lives and property by:

(1) regulating:

(A) the leasing, selling, installing, and servicing of portable

fire extinguishers; and

(B) the planning, certifying, installing, and servicing of fixed

fire extinguisher systems; and

(2) prohibiting portable fire extinguishers, fixed fire

extinguisher systems, or extinguisher equipment that is not

labeled or listed by a testing laboratory approved by the

department.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.002. DEFINITIONS. In this chapter:

(1) "Firm" means an individual, partnership, corporation, or

association.

(2) "Fixed fire extinguisher system" means an assembly of

piping, conduits, or containers that convey liquid, powder, or

gases to dispersal openings or devices protecting one or more

hazards by suppressing or extinguishing fires.

(3) "Hydrostatic testing" means pressure testing by hydrostatic

methods.

(4) "Insurance agent" means:

(A) an individual, firm, or corporation licensed under:

(i) Subchapter E, Chapter 981; or

(ii) Subchapter A, B, C, D, E, or G, Chapter 4051; or

(B) an individual authorized to represent an insurance fund or

pool created by a municipality, county, or other political

subdivision of this state under Chapter 791, Government Code.

(5) "Portable fire extinguisher" means any device that contains

liquid, powder, or gases for suppressing or extinguishing fires.

(6) "Registered firm" means a firm that holds a registration

certificate.

(7) "Service" and "servicing" mean servicing a portable fire

extinguisher or a fixed fire extinguisher system by inspecting,

charging, filling, maintaining, recharging, refilling, repairing,

or testing.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONER,

DEPARTMENT, AND STATE FIRE MARSHAL

Sec. 6001.051. ADMINISTRATION OF CHAPTER. (a) The department

shall administer this chapter.

(b) The commissioner may issue rules the commissioner considers

necessary to administer this chapter through the state fire

marshal.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.052. ADOPTION OF RULES. (a) In adopting necessary

rules, the commissioner may use recognized standards, including

standards:

(1) published by the National Fire Protection Association;

(2) recognized by federal law or regulation;

(3) published by any nationally recognized standards-making

organization; or

(4) contained in the manufacturer's installation manuals.

(b) The commissioner shall adopt and administer rules determined

essentially necessary for the protection and preservation of life

and property regarding:

(1) registration of firms engaged in the business of:

(A) installing or servicing portable fire extinguishers or

planning, certifying, installing, or servicing fixed fire

extinguisher systems; or

(B) hydrostatic testing of fire extinguisher cylinders;

(2) the examination and licensing of individuals to:

(A) install or service portable fire extinguishers; and

(B) plan, certify, install, or service fixed fire extinguisher

systems; and

(3) requirements for:

(A) installing or servicing portable fire extinguishers; and

(B) planning, certifying, installing, or servicing fixed fire

extinguisher systems.

(c) The commissioner by rule shall prescribe requirements for

applications and qualifications for licenses, permits, and

certificates issued under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The commissioner may not adopt rules restricting

advertising or competitive bidding by the holder of a license,

permit, certificate, or approval issued under this chapter except

to prohibit false, misleading, or deceptive practices.

(b) In the commissioner's rules to prohibit false, misleading,

or deceptive practices, the commissioner may not include a rule

that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license, permit, certificate, or

approval holder's personal appearance or voice in an

advertisement;

(3) relates to the size or duration of an advertisement by the

license, permit, certificate, or approval holder; or

(4) restricts the license, permit, certificate, or approval

holder's advertisement under a trade name.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.054. GENERAL POWERS AND DUTIES OF DEPARTMENT. (a)

The department shall evaluate the qualifications of a firm:

(1) applying for a registration certificate to engage in the

business of installing or servicing portable fire extinguishers

or planning, certifying, installing, or servicing fixed fire

extinguisher systems; or

(2) seeking approval as a testing laboratory.

(b) The department shall issue:

(1) registration certificates for firms that qualify under

commissioner rules to engage in the business of installing or

servicing portable fire extinguishers or planning, certifying,

installing, or servicing fixed fire extinguisher systems; and

(2) licenses, apprentice permits, and authorizations to perform

hydrostatic testing to firms or individuals that qualify.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.055. FEES. (a) The commissioner shall set the fee

for:

(1) an initial firm registration certificate in an amount not to

exceed $450;

(2) the renewal of a firm registration certificate in an amount

not to exceed $300 annually;

(3) an initial branch office registration certificate in an

amount not to exceed $100;

(4) the renewal of a branch office registration certificate in

an amount not to exceed $100 annually;

(5) an initial registration certificate to perform hydrostatic

testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of

Transportation in an amount not to exceed $250;

(6) the renewal of a registration certificate to perform

hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United

States Department of Transportation in an amount not to exceed

$150 annually;

(7) an initial employee license fee in an amount not to exceed

$70;

(8) the annual renewal of an employee license in an amount not

to exceed $50; and

(9) an apprentice permit in an amount not to exceed $30.

(b) Unless the examination or reexamination for an employee

license is administered by a testing service, the commissioner

shall set a nonrefundable fee for:

(1) the initial examination in an amount not to exceed $30; and

(2) each reexamination in an amount not to exceed $20.

(c) The commissioner shall set a fee in an amount not to exceed

$20 for:

(1) a duplicate registration certificate, license, or apprentice

permit issued under this chapter; or

(2) any request requiring changes to a registration certificate,

license, or permit.

(d) On a change of ownership of a registered firm, the

department shall issue a new registration certificate with a new

number for a fee set by the commissioner in an amount not to

exceed $450. On a change of ownership of a branch office, the

commissioner shall charge a fee in an amount not to exceed $100.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.056. DEPOSIT IN OPERATING ACCOUNT. All money

collected under this chapter, other than penalties and monetary

forfeitures, shall be paid to the department and deposited in the

state treasury to the credit of the Texas Department of

Insurance operating account for use in administering this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER C. FIRE EXTINGUISHER ADVISORY COUNCIL

Sec. 6001.101. ADVISORY COUNCIL; APPOINTMENT. (a) The

commissioner may delegate the exercise of all or part of the

commissioner's functions, powers, and duties under this chapter,

other than the issuance of licenses, certificates, and permits,

to a fire extinguisher advisory council.

(b) The commissioner shall appoint the members of the advisory

council. The members of the council must:

(1) be experienced and knowledgeable in one or more of the

following:

(A) fire services;

(B) fire extinguisher manufacturing;

(C) fire insurance inspection or underwriting; or

(D) fire extinguisher servicing; or

(2) be members of a fire protection association or industrial

safety association.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.102. ADVISORY COUNCIL DUTIES. (a) The fire

extinguisher advisory council shall assist in the formulation

and review of rules adopted under this chapter.

(b) The advisory council shall periodically:

(1) review rules implementing this chapter; and

(2) recommend rule changes to the commissioner.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER D. REGISTRATION, LICENSE, AND PERMIT REQUIREMENTS

Sec. 6001.151. FIRM REGISTRATION CERTIFICATE REQUIRED. Unless

the firm holds a registration certificate issued by the

department, a firm may not engage in the business of:

(1) installing or servicing portable fire extinguishers; or

(2) planning, certifying, installing, or servicing fixed fire

extinguisher systems.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.152. BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED.

(a) Each separate office location of a firm holding a

registration certificate, other than the location identified on

the firm's certificate, must have a branch office registration

certificate issued by the department.

(b) Before issuing a branch office registration certificate, the

department must determine that the branch office location is part

of a registered firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.153. HYDROSTATIC TESTING; REGISTRATION CERTIFICATE

REQUIRED. (a) A firm may not perform hydrostatic testing of

fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of

Transportation unless the firm:

(1) complies with the procedures specified by that department

for compressed gas cylinders; and

(2) holds a registration certificate issued by the state fire

marshal authorizing hydrostatic testing.

(b) The license of an individual qualified to do work described

by Subsection (a) must indicate the authority of the individual

to perform that work.

(c) Hydrostatic testing of fire extinguishers that is not

performed under the specifications of the United States

Department of Transportation must be performed in the manner

recommended by the National Fire Protection Association.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.154. REQUIRED INSURANCE COVERAGE FOR REGISTRATION

CERTIFICATE. (a) The department may not issue a registration

certificate under this chapter unless the applicant files with

the department evidence of a general liability insurance policy

that includes products and completed operations coverage. The

policy must be conditioned to pay on behalf of the insured those

amounts that the insured becomes legally obligated to pay as

damages because of bodily injury and property damage caused by an

occurrence involving the insured or the insured's officer, agent,

or employee in the conduct of any activity that requires a

registration certificate or license under this chapter.

(b) Unless the commissioner, after notice and an opportunity for

a hearing, increases or decreases the limits, the limits of

insurance coverage required by Subsection (a) must be at least:

(1) $100,000 combined single limits for bodily injury and

property damage for each occurrence; and

(2) $300,000 aggregate for all occurrences for each policy year.

(c) The evidence of insurance required by this section must be

in the form of a certificate of insurance executed by an insurer

authorized to engage in the business of insurance in this state

and countersigned by an insurance agent licensed in this state.

A certificate of insurance for surplus lines coverage procured in

compliance with Chapter 981 through a surplus lines agent that is

licensed under Subchapter E, Chapter 981, and resident in this

state may be filed with the department as evidence of the

coverage required by this section.

(d) An insurance certificate executed and filed with the

department under this section remains in force until the insurer

has terminated future liability by the notice required by the

department.

(e) Failure to maintain the liability insurance required by this

section constitutes grounds for the denial, suspension, or

revocation, after notice and opportunity for hearing, of a

registration certificate issued under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.155. EMPLOYEE LICENSE REQUIRED. (a) Except as

provided by Section 6001.156, an individual, other than an

apprentice, must hold a license issued by the department before:

(1) installing or servicing portable fire extinguishers;

(2) installing, servicing, or certifying preengineered fixed

fire extinguisher systems; or

(3) planning, supervising, servicing, or certifying the

installation of fixed fire extinguisher systems other than

preengineered systems.

(b) An individual who holds a license to install or service

portable fire extinguishers or install and service fixed fire

extinguisher systems must be an employee or agent of a registered

firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.156. ACTIVITIES NOT REGULATED BY CHAPTER. (a) The

licensing provisions of this chapter do not apply to:

(1) the filling or charging of a portable fire extinguisher by

the manufacturer before initial sale of the fire extinguisher;

(2) the servicing by a firm of the firm's portable fire

extinguishers or fixed systems by the firm's personnel who are

specially trained for that servicing;

(3) the installation of portable fire extinguishers in a

building by the building owner, the owner's managing agent, or an

employee of the building owner or the owner's managing agent;

(4) the installation or servicing of water sprinkler systems

installed in compliance with the National Fire Protection

Association's Standards for the Installation of Sprinkler

Systems;

(5) a firm that is engaged in the retail or wholesale sale of

portable fire extinguishers that carry an approval label or

listing of a testing laboratory approved by the department, but

that is not engaged in the installation or servicing of those

extinguishers;

(6) a fire department that services portable fire extinguishers

as a public service without charge, if the members of the fire

department are trained in the proper servicing of the fire

extinguishers;

(7) a firm that is a party to a contract under which:

(A) the installation of portable fire extinguishers or a fixed

fire extinguisher system is performed under the direct

supervision of and certified by a firm appropriately registered

to install and certify portable extinguishers or fixed systems;

and

(B) the registered firm assumes full responsibility for the

installation; or

(8) an engineer licensed under Chapter 1001, Occupations Code,

while acting solely in the engineer's professional capacity.

(b) Except as provided by Subsection (a), only the holder of a

license or an apprentice permit issued under this chapter may:

(1) install or service portable fire extinguishers; or

(2) install and maintain fixed fire extinguisher systems.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.157. LICENSE EXAMINATION. (a) The state fire marshal

shall:

(1) establish the scope and type of an examination required by

this chapter; and

(2) examine each applicant for a license under this chapter.

(b) The state fire marshal may administer the examination or may

enter into an agreement with a testing service.

(c) If a testing service is used, the state fire marshal may

contract with the testing service regarding requirements for the

examination, including:

(1) examination development;

(2) scheduling;

(3) site arrangements;

(4) grading;

(5) reporting;

(6) analysis; or

(7) other administrative duties.

(d) The state fire marshal may require the testing service to:

(1) correspond directly with a license applicant regarding the

administration of the examination;

(2) collect a reasonable fee from an applicant for administering

the examination; or

(3) administer the examination at a specific location or time.

(e) The state fire marshal shall adopt rules as necessary to

implement examination requirements under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.158. EXAMINATION RESULTS. (a) Not later than the

30th day after the date on which a licensing examination is

administered under this chapter, the state fire marshal shall

send notice to each examinee of the results of the examination.

(b) If an examination is conducted, graded, or reviewed by a

testing service, the state fire marshal shall send notice to the

examinees of the results of the examination not later than the

14th day after the date on which the state fire marshal receives

the results from the testing service.

(c) If the notice of the examination results will be delayed for

more than 90 days after the examination date, the state fire

marshal, before the 90th day, shall send notice to the examinee

of the reason for the delay.

(d) The state fire marshal may require a testing service to

notify an examinee of the results of the examinee's examination

under Subsections (a) and (b).

(e) If requested in writing by an individual who fails the

licensing examination administered under this chapter, the state

fire marshal shall send to the individual an analysis of the

individual's performance on the examination.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.159. CONTINUING EDUCATION REQUIREMENTS. (a) The

commissioner may adopt procedures for certifying and may certify

continuing education programs for individuals licensed under this

chapter.

(b) Participation in the continuing education programs is

voluntary.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.160. RECIPROCAL LICENSE.The department may waive any

license requirement for an applicant who holds a license issued

by another state that has license requirements substantially

equivalent to the license requirements of this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.161. APPRENTICE PERMIT REQUIRED. (a) An individual

may not install or service portable fire extinguishers or fixed

fire extinguisher systems as an apprentice unless the individual

holds an apprentice permit issued by the department.

(b) An apprentice may perform a service described by Subsection

(a) only under the direct supervision of an individual who holds

a license issued under this chapter and who works for the same

firm as the apprentice.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.162. NOT TRANSFERABLE. A registration certificate,

license, or permit issued under this chapter is not transferable.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER E. RENEWAL OF REGISTRATION, LICENSE, OR PERMIT

Sec. 6001.201. RENEWAL REQUIRED; FEE. (a) A renewal of a

registration certificate or license issued under this chapter is

valid for a period of two years. The license or registration fee

for each year of the two-year period is payable on renewal.

(b) An apprentice permit expires on the first anniversary of the

date of issuance.

(c) The commissioner by rule may adopt a system under which

registration certificates, licenses, and permits expire on

various dates during the year. For the year in which an

expiration date of a registration certificate, license, or permit

is less than one year from its issuance or anniversary date, the

fee shall be prorated on a monthly basis so that each holder of a

registration certificate, license, or permit pays only that

portion of the renewal fee that is allocable to the number of

months during which the registration certificate, license, or

permit is valid. On each subsequent renewal, the total renewal

fee is payable.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.202. NOTICE OF EXPIRATION. At least 30 days before

the expiration date of a registration certificate or license, the

state fire marshal shall send written notice of the impending

expiration to the holder of the registration certificate or

license at the holder's last known address.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.203. RENEWAL PROCEDURES. (a) The holder of an

unexpired registration certificate or license may renew the

certificate or license by paying the required renewal fee to the

department before the expiration date of the certificate or

license.

(b) A firm or individual whose registration certificate or

license has been expired for 90 days or less may renew the

certificate or license by paying to the department:

(1) the required renewal fee; and

(2) a fee equal to one-half of the initial fee for the

certificate or license.

(c) A firm or individual whose registration certificate or

license has been expired for more than 90 days but less than two

years may renew the certificate or license by paying to the

department:

(1) all unpaid renewal fees; and

(2) a fee that is equal to the initial fee for the certificate

or license.

(d) A firm or individual whose registration certificate or

license has been expired for two years or longer may not renew

the certificate or license. The firm or individual may obtain a

new registration certificate or license by complying with the

requirements and procedures for obtaining an initial registration

certificate or license.

(e) This section may not be construed to prevent the department

from denying or refusing to renew a license under applicable law

or commissioner rules.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER F. PROHIBITED PRACTICES

AND DISCIPLINARY PROCEDURES

Sec. 6001.251. PROHIBITED PRACTICES. (a) An individual or firm

may not:

(1) engage in the business of installing or servicing portable

fire extinguishers without holding a registration certificate;

(2) engage in the business of planning, certifying, installing,

or servicing fixed fire extinguisher systems without holding a

registration certificate;

(3) install, service, or certify the servicing of portable fire

extinguishers or plan, certify, service, or install fixed fire

extinguisher systems without holding a license;

(4) perform hydrostatic testing of fire extinguisher cylinders

manufactured in accordance with the specifications and

requirements of the United States Department of Transportation

without holding a hydrostatic testing registration certificate;

(5) obtain or attempt to obtain a registration certificate or

license by fraudulent representation;

(6) install or service portable fire extinguishers or plan,

certify, service, or install fixed fire extinguisher systems in

violation of this chapter or the rules adopted and administered

under this chapter;

(7) except as provided by Subsection (b), install, service, or

hydrostatically test a fire extinguisher that does not have the

proper identifying labels;

(8) sell, install, service, or recharge a carbon tetrachloride

fire extinguisher; or

(9) except as provided by Subsection (b), lease, sell, service,

or install a portable fire extinguisher, a fixed fire

extinguisher system, or extinguisher equipment unless it carries

an approval label or listing label issued by a testing laboratory

approved by the department.

(b) The commissioner by rule shall permit an individual or firm

to service a portable fire extinguisher regardless of whether the

extinguisher carries a label described by Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.252. DISCIPLINARY ACTIONS. (a) The state fire

marshal may suspend, revoke, or refuse to issue or renew a

registration certificate, license, or permit if, after notice and

hearing, the state fire marshal finds that the applicant,

registrant, license holder, or permit holder has engaged in acts

that:

(1) violate this chapter;

(2) violate rules or standards adopted under this chapter; or

(3) constitute misrepresentation made in connection with:

(A) the sale of products; or

(B) services rendered.

(b) Subject to Section 6001.253, the commissioner may suspend,

revoke, or refuse to issue or renew a certificate, license,

permit, or approval.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.253. DISCIPLINARY HEARING. (a) If the state fire

marshal proposes to suspend, revoke, or refuse to renew a

license, permit, certificate, or approval issued under this

chapter, the holder of the license, permit, certificate, or

approval is entitled to a hearing conducted by the State Office

of Administrative Hearings.

(b) Proceedings for a disciplinary action are governed by

Chapter 2001, Government Code.

(c) Rules of practice adopted by the commissioner applicable to

the proceedings for a disciplinary action may not conflict with

rules adopted by the State Office of Administrative Hearings.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.254. REAPPLICATION REQUIREMENTS. (a) An applicant or

holder of a registration certificate, license, or permit whose

certificate, license, or permit has been refused or revoked under

this chapter, other than for failure to pass a required written

examination, may not file another application for a registration

certificate, license, or permit before the first anniversary of

the effective date of the refusal or revocation.

(b) After the first anniversary of the effective date of the

refusal or revocation, the applicant may:

(1) reapply; and

(2) in a public hearing, show good cause why the issuance of the

registration certificate, license, or permit is not against the

public safety and welfare.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.255. REEXAMINATION AFTER REVOCATION. An individual

whose license to service portable fire extinguishers or to

install or service fixed fire extinguisher systems has been

revoked must retake and pass the required written examination

before a new license may be issued.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER G. CRIMINAL PENALTY

Sec. 6001.301. CRIMINAL PENALTY. (a) A person commits an

offense if the person knowingly violates Section 6001.251(a).

(b) An offense under this section is a Class B misdemeanor.

(c) Venue for an offense under this section is in Travis County

or the county in which the offense is committed.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-20-regulation-of-other-occupations > Chapter-6001-fire-extinguisher-service-and-installation

INSURANCE CODE

TITLE 20. REGULATION OF OTHER OCCUPATIONS

CHAPTER 6001. FIRE EXTINGUISHER SERVICE AND INSTALLATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6001.001. PURPOSE. The purpose of this chapter is to

safeguard lives and property by:

(1) regulating:

(A) the leasing, selling, installing, and servicing of portable

fire extinguishers; and

(B) the planning, certifying, installing, and servicing of fixed

fire extinguisher systems; and

(2) prohibiting portable fire extinguishers, fixed fire

extinguisher systems, or extinguisher equipment that is not

labeled or listed by a testing laboratory approved by the

department.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.002. DEFINITIONS. In this chapter:

(1) "Firm" means an individual, partnership, corporation, or

association.

(2) "Fixed fire extinguisher system" means an assembly of

piping, conduits, or containers that convey liquid, powder, or

gases to dispersal openings or devices protecting one or more

hazards by suppressing or extinguishing fires.

(3) "Hydrostatic testing" means pressure testing by hydrostatic

methods.

(4) "Insurance agent" means:

(A) an individual, firm, or corporation licensed under:

(i) Subchapter E, Chapter 981; or

(ii) Subchapter A, B, C, D, E, or G, Chapter 4051; or

(B) an individual authorized to represent an insurance fund or

pool created by a municipality, county, or other political

subdivision of this state under Chapter 791, Government Code.

(5) "Portable fire extinguisher" means any device that contains

liquid, powder, or gases for suppressing or extinguishing fires.

(6) "Registered firm" means a firm that holds a registration

certificate.

(7) "Service" and "servicing" mean servicing a portable fire

extinguisher or a fixed fire extinguisher system by inspecting,

charging, filling, maintaining, recharging, refilling, repairing,

or testing.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONER,

DEPARTMENT, AND STATE FIRE MARSHAL

Sec. 6001.051. ADMINISTRATION OF CHAPTER. (a) The department

shall administer this chapter.

(b) The commissioner may issue rules the commissioner considers

necessary to administer this chapter through the state fire

marshal.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.052. ADOPTION OF RULES. (a) In adopting necessary

rules, the commissioner may use recognized standards, including

standards:

(1) published by the National Fire Protection Association;

(2) recognized by federal law or regulation;

(3) published by any nationally recognized standards-making

organization; or

(4) contained in the manufacturer's installation manuals.

(b) The commissioner shall adopt and administer rules determined

essentially necessary for the protection and preservation of life

and property regarding:

(1) registration of firms engaged in the business of:

(A) installing or servicing portable fire extinguishers or

planning, certifying, installing, or servicing fixed fire

extinguisher systems; or

(B) hydrostatic testing of fire extinguisher cylinders;

(2) the examination and licensing of individuals to:

(A) install or service portable fire extinguishers; and

(B) plan, certify, install, or service fixed fire extinguisher

systems; and

(3) requirements for:

(A) installing or servicing portable fire extinguishers; and

(B) planning, certifying, installing, or servicing fixed fire

extinguisher systems.

(c) The commissioner by rule shall prescribe requirements for

applications and qualifications for licenses, permits, and

certificates issued under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The commissioner may not adopt rules restricting

advertising or competitive bidding by the holder of a license,

permit, certificate, or approval issued under this chapter except

to prohibit false, misleading, or deceptive practices.

(b) In the commissioner's rules to prohibit false, misleading,

or deceptive practices, the commissioner may not include a rule

that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license, permit, certificate, or

approval holder's personal appearance or voice in an

advertisement;

(3) relates to the size or duration of an advertisement by the

license, permit, certificate, or approval holder; or

(4) restricts the license, permit, certificate, or approval

holder's advertisement under a trade name.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.054. GENERAL POWERS AND DUTIES OF DEPARTMENT. (a)

The department shall evaluate the qualifications of a firm:

(1) applying for a registration certificate to engage in the

business of installing or servicing portable fire extinguishers

or planning, certifying, installing, or servicing fixed fire

extinguisher systems; or

(2) seeking approval as a testing laboratory.

(b) The department shall issue:

(1) registration certificates for firms that qualify under

commissioner rules to engage in the business of installing or

servicing portable fire extinguishers or planning, certifying,

installing, or servicing fixed fire extinguisher systems; and

(2) licenses, apprentice permits, and authorizations to perform

hydrostatic testing to firms or individuals that qualify.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.055. FEES. (a) The commissioner shall set the fee

for:

(1) an initial firm registration certificate in an amount not to

exceed $450;

(2) the renewal of a firm registration certificate in an amount

not to exceed $300 annually;

(3) an initial branch office registration certificate in an

amount not to exceed $100;

(4) the renewal of a branch office registration certificate in

an amount not to exceed $100 annually;

(5) an initial registration certificate to perform hydrostatic

testing of fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of

Transportation in an amount not to exceed $250;

(6) the renewal of a registration certificate to perform

hydrostatic testing of fire extinguishers manufactured in

accordance with the specifications and procedures of the United

States Department of Transportation in an amount not to exceed

$150 annually;

(7) an initial employee license fee in an amount not to exceed

$70;

(8) the annual renewal of an employee license in an amount not

to exceed $50; and

(9) an apprentice permit in an amount not to exceed $30.

(b) Unless the examination or reexamination for an employee

license is administered by a testing service, the commissioner

shall set a nonrefundable fee for:

(1) the initial examination in an amount not to exceed $30; and

(2) each reexamination in an amount not to exceed $20.

(c) The commissioner shall set a fee in an amount not to exceed

$20 for:

(1) a duplicate registration certificate, license, or apprentice

permit issued under this chapter; or

(2) any request requiring changes to a registration certificate,

license, or permit.

(d) On a change of ownership of a registered firm, the

department shall issue a new registration certificate with a new

number for a fee set by the commissioner in an amount not to

exceed $450. On a change of ownership of a branch office, the

commissioner shall charge a fee in an amount not to exceed $100.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.056. DEPOSIT IN OPERATING ACCOUNT. All money

collected under this chapter, other than penalties and monetary

forfeitures, shall be paid to the department and deposited in the

state treasury to the credit of the Texas Department of

Insurance operating account for use in administering this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER C. FIRE EXTINGUISHER ADVISORY COUNCIL

Sec. 6001.101. ADVISORY COUNCIL; APPOINTMENT. (a) The

commissioner may delegate the exercise of all or part of the

commissioner's functions, powers, and duties under this chapter,

other than the issuance of licenses, certificates, and permits,

to a fire extinguisher advisory council.

(b) The commissioner shall appoint the members of the advisory

council. The members of the council must:

(1) be experienced and knowledgeable in one or more of the

following:

(A) fire services;

(B) fire extinguisher manufacturing;

(C) fire insurance inspection or underwriting; or

(D) fire extinguisher servicing; or

(2) be members of a fire protection association or industrial

safety association.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.102. ADVISORY COUNCIL DUTIES. (a) The fire

extinguisher advisory council shall assist in the formulation

and review of rules adopted under this chapter.

(b) The advisory council shall periodically:

(1) review rules implementing this chapter; and

(2) recommend rule changes to the commissioner.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER D. REGISTRATION, LICENSE, AND PERMIT REQUIREMENTS

Sec. 6001.151. FIRM REGISTRATION CERTIFICATE REQUIRED. Unless

the firm holds a registration certificate issued by the

department, a firm may not engage in the business of:

(1) installing or servicing portable fire extinguishers; or

(2) planning, certifying, installing, or servicing fixed fire

extinguisher systems.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.152. BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED.

(a) Each separate office location of a firm holding a

registration certificate, other than the location identified on

the firm's certificate, must have a branch office registration

certificate issued by the department.

(b) Before issuing a branch office registration certificate, the

department must determine that the branch office location is part

of a registered firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.153. HYDROSTATIC TESTING; REGISTRATION CERTIFICATE

REQUIRED. (a) A firm may not perform hydrostatic testing of

fire extinguishers manufactured in accordance with the

specifications and procedures of the United States Department of

Transportation unless the firm:

(1) complies with the procedures specified by that department

for compressed gas cylinders; and

(2) holds a registration certificate issued by the state fire

marshal authorizing hydrostatic testing.

(b) The license of an individual qualified to do work described

by Subsection (a) must indicate the authority of the individual

to perform that work.

(c) Hydrostatic testing of fire extinguishers that is not

performed under the specifications of the United States

Department of Transportation must be performed in the manner

recommended by the National Fire Protection Association.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.154. REQUIRED INSURANCE COVERAGE FOR REGISTRATION

CERTIFICATE. (a) The department may not issue a registration

certificate under this chapter unless the applicant files with

the department evidence of a general liability insurance policy

that includes products and completed operations coverage. The

policy must be conditioned to pay on behalf of the insured those

amounts that the insured becomes legally obligated to pay as

damages because of bodily injury and property damage caused by an

occurrence involving the insured or the insured's officer, agent,

or employee in the conduct of any activity that requires a

registration certificate or license under this chapter.

(b) Unless the commissioner, after notice and an opportunity for

a hearing, increases or decreases the limits, the limits of

insurance coverage required by Subsection (a) must be at least:

(1) $100,000 combined single limits for bodily injury and

property damage for each occurrence; and

(2) $300,000 aggregate for all occurrences for each policy year.

(c) The evidence of insurance required by this section must be

in the form of a certificate of insurance executed by an insurer

authorized to engage in the business of insurance in this state

and countersigned by an insurance agent licensed in this state.

A certificate of insurance for surplus lines coverage procured in

compliance with Chapter 981 through a surplus lines agent that is

licensed under Subchapter E, Chapter 981, and resident in this

state may be filed with the department as evidence of the

coverage required by this section.

(d) An insurance certificate executed and filed with the

department under this section remains in force until the insurer

has terminated future liability by the notice required by the

department.

(e) Failure to maintain the liability insurance required by this

section constitutes grounds for the denial, suspension, or

revocation, after notice and opportunity for hearing, of a

registration certificate issued under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.155. EMPLOYEE LICENSE REQUIRED. (a) Except as

provided by Section 6001.156, an individual, other than an

apprentice, must hold a license issued by the department before:

(1) installing or servicing portable fire extinguishers;

(2) installing, servicing, or certifying preengineered fixed

fire extinguisher systems; or

(3) planning, supervising, servicing, or certifying the

installation of fixed fire extinguisher systems other than

preengineered systems.

(b) An individual who holds a license to install or service

portable fire extinguishers or install and service fixed fire

extinguisher systems must be an employee or agent of a registered

firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.156. ACTIVITIES NOT REGULATED BY CHAPTER. (a) The

licensing provisions of this chapter do not apply to:

(1) the filling or charging of a portable fire extinguisher by

the manufacturer before initial sale of the fire extinguisher;

(2) the servicing by a firm of the firm's portable fire

extinguishers or fixed systems by the firm's personnel who are

specially trained for that servicing;

(3) the installation of portable fire extinguishers in a

building by the building owner, the owner's managing agent, or an

employee of the building owner or the owner's managing agent;

(4) the installation or servicing of water sprinkler systems

installed in compliance with the National Fire Protection

Association's Standards for the Installation of Sprinkler

Systems;

(5) a firm that is engaged in the retail or wholesale sale of

portable fire extinguishers that carry an approval label or

listing of a testing laboratory approved by the department, but

that is not engaged in the installation or servicing of those

extinguishers;

(6) a fire department that services portable fire extinguishers

as a public service without charge, if the members of the fire

department are trained in the proper servicing of the fire

extinguishers;

(7) a firm that is a party to a contract under which:

(A) the installation of portable fire extinguishers or a fixed

fire extinguisher system is performed under the direct

supervision of and certified by a firm appropriately registered

to install and certify portable extinguishers or fixed systems;

and

(B) the registered firm assumes full responsibility for the

installation; or

(8) an engineer licensed under Chapter 1001, Occupations Code,

while acting solely in the engineer's professional capacity.

(b) Except as provided by Subsection (a), only the holder of a

license or an apprentice permit issued under this chapter may:

(1) install or service portable fire extinguishers; or

(2) install and maintain fixed fire extinguisher systems.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.157. LICENSE EXAMINATION. (a) The state fire marshal

shall:

(1) establish the scope and type of an examination required by

this chapter; and

(2) examine each applicant for a license under this chapter.

(b) The state fire marshal may administer the examination or may

enter into an agreement with a testing service.

(c) If a testing service is used, the state fire marshal may

contract with the testing service regarding requirements for the

examination, including:

(1) examination development;

(2) scheduling;

(3) site arrangements;

(4) grading;

(5) reporting;

(6) analysis; or

(7) other administrative duties.

(d) The state fire marshal may require the testing service to:

(1) correspond directly with a license applicant regarding the

administration of the examination;

(2) collect a reasonable fee from an applicant for administering

the examination; or

(3) administer the examination at a specific location or time.

(e) The state fire marshal shall adopt rules as necessary to

implement examination requirements under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.158. EXAMINATION RESULTS. (a) Not later than the

30th day after the date on which a licensing examination is

administered under this chapter, the state fire marshal shall

send notice to each examinee of the results of the examination.

(b) If an examination is conducted, graded, or reviewed by a

testing service, the state fire marshal shall send notice to the

examinees of the results of the examination not later than the

14th day after the date on which the state fire marshal receives

the results from the testing service.

(c) If the notice of the examination results will be delayed for

more than 90 days after the examination date, the state fire

marshal, before the 90th day, shall send notice to the examinee

of the reason for the delay.

(d) The state fire marshal may require a testing service to

notify an examinee of the results of the examinee's examination

under Subsections (a) and (b).

(e) If requested in writing by an individual who fails the

licensing examination administered under this chapter, the state

fire marshal shall send to the individual an analysis of the

individual's performance on the examination.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.159. CONTINUING EDUCATION REQUIREMENTS. (a) The

commissioner may adopt procedures for certifying and may certify

continuing education programs for individuals licensed under this

chapter.

(b) Participation in the continuing education programs is

voluntary.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.160. RECIPROCAL LICENSE.The department may waive any

license requirement for an applicant who holds a license issued

by another state that has license requirements substantially

equivalent to the license requirements of this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.161. APPRENTICE PERMIT REQUIRED. (a) An individual

may not install or service portable fire extinguishers or fixed

fire extinguisher systems as an apprentice unless the individual

holds an apprentice permit issued by the department.

(b) An apprentice may perform a service described by Subsection

(a) only under the direct supervision of an individual who holds

a license issued under this chapter and who works for the same

firm as the apprentice.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.162. NOT TRANSFERABLE. A registration certificate,

license, or permit issued under this chapter is not transferable.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER E. RENEWAL OF REGISTRATION, LICENSE, OR PERMIT

Sec. 6001.201. RENEWAL REQUIRED; FEE. (a) A renewal of a

registration certificate or license issued under this chapter is

valid for a period of two years. The license or registration fee

for each year of the two-year period is payable on renewal.

(b) An apprentice permit expires on the first anniversary of the

date of issuance.

(c) The commissioner by rule may adopt a system under which

registration certificates, licenses, and permits expire on

various dates during the year. For the year in which an

expiration date of a registration certificate, license, or permit

is less than one year from its issuance or anniversary date, the

fee shall be prorated on a monthly basis so that each holder of a

registration certificate, license, or permit pays only that

portion of the renewal fee that is allocable to the number of

months during which the registration certificate, license, or

permit is valid. On each subsequent renewal, the total renewal

fee is payable.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.202. NOTICE OF EXPIRATION. At least 30 days before

the expiration date of a registration certificate or license, the

state fire marshal shall send written notice of the impending

expiration to the holder of the registration certificate or

license at the holder's last known address.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.203. RENEWAL PROCEDURES. (a) The holder of an

unexpired registration certificate or license may renew the

certificate or license by paying the required renewal fee to the

department before the expiration date of the certificate or

license.

(b) A firm or individual whose registration certificate or

license has been expired for 90 days or less may renew the

certificate or license by paying to the department:

(1) the required renewal fee; and

(2) a fee equal to one-half of the initial fee for the

certificate or license.

(c) A firm or individual whose registration certificate or

license has been expired for more than 90 days but less than two

years may renew the certificate or license by paying to the

department:

(1) all unpaid renewal fees; and

(2) a fee that is equal to the initial fee for the certificate

or license.

(d) A firm or individual whose registration certificate or

license has been expired for two years or longer may not renew

the certificate or license. The firm or individual may obtain a

new registration certificate or license by complying with the

requirements and procedures for obtaining an initial registration

certificate or license.

(e) This section may not be construed to prevent the department

from denying or refusing to renew a license under applicable law

or commissioner rules.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER F. PROHIBITED PRACTICES

AND DISCIPLINARY PROCEDURES

Sec. 6001.251. PROHIBITED PRACTICES. (a) An individual or firm

may not:

(1) engage in the business of installing or servicing portable

fire extinguishers without holding a registration certificate;

(2) engage in the business of planning, certifying, installing,

or servicing fixed fire extinguisher systems without holding a

registration certificate;

(3) install, service, or certify the servicing of portable fire

extinguishers or plan, certify, service, or install fixed fire

extinguisher systems without holding a license;

(4) perform hydrostatic testing of fire extinguisher cylinders

manufactured in accordance with the specifications and

requirements of the United States Department of Transportation

without holding a hydrostatic testing registration certificate;

(5) obtain or attempt to obtain a registration certificate or

license by fraudulent representation;

(6) install or service portable fire extinguishers or plan,

certify, service, or install fixed fire extinguisher systems in

violation of this chapter or the rules adopted and administered

under this chapter;

(7) except as provided by Subsection (b), install, service, or

hydrostatically test a fire extinguisher that does not have the

proper identifying labels;

(8) sell, install, service, or recharge a carbon tetrachloride

fire extinguisher; or

(9) except as provided by Subsection (b), lease, sell, service,

or install a portable fire extinguisher, a fixed fire

extinguisher system, or extinguisher equipment unless it carries

an approval label or listing label issued by a testing laboratory

approved by the department.

(b) The commissioner by rule shall permit an individual or firm

to service a portable fire extinguisher regardless of whether the

extinguisher carries a label described by Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.252. DISCIPLINARY ACTIONS. (a) The state fire

marshal may suspend, revoke, or refuse to issue or renew a

registration certificate, license, or permit if, after notice and

hearing, the state fire marshal finds that the applicant,

registrant, license holder, or permit holder has engaged in acts

that:

(1) violate this chapter;

(2) violate rules or standards adopted under this chapter; or

(3) constitute misrepresentation made in connection with:

(A) the sale of products; or

(B) services rendered.

(b) Subject to Section 6001.253, the commissioner may suspend,

revoke, or refuse to issue or renew a certificate, license,

permit, or approval.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.253. DISCIPLINARY HEARING. (a) If the state fire

marshal proposes to suspend, revoke, or refuse to renew a

license, permit, certificate, or approval issued under this

chapter, the holder of the license, permit, certificate, or

approval is entitled to a hearing conducted by the State Office

of Administrative Hearings.

(b) Proceedings for a disciplinary action are governed by

Chapter 2001, Government Code.

(c) Rules of practice adopted by the commissioner applicable to

the proceedings for a disciplinary action may not conflict with

rules adopted by the State Office of Administrative Hearings.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.254. REAPPLICATION REQUIREMENTS. (a) An applicant or

holder of a registration certificate, license, or permit whose

certificate, license, or permit has been refused or revoked under

this chapter, other than for failure to pass a required written

examination, may not file another application for a registration

certificate, license, or permit before the first anniversary of

the effective date of the refusal or revocation.

(b) After the first anniversary of the effective date of the

refusal or revocation, the applicant may:

(1) reapply; and

(2) in a public hearing, show good cause why the issuance of the

registration certificate, license, or permit is not against the

public safety and welfare.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6001.255. REEXAMINATION AFTER REVOCATION. An individual

whose license to service portable fire extinguishers or to

install or service fixed fire extinguisher systems has been

revoked must retake and pass the required written examination

before a new license may be issued.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER G. CRIMINAL PENALTY

Sec. 6001.301. CRIMINAL PENALTY. (a) A person commits an

offense if the person knowingly violates Section 6001.251(a).

(b) An offense under this section is a Class B misdemeanor.

(c) Venue for an offense under this section is in Travis County

or the county in which the offense is committed.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

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