Focus Report, Volume 87, Number 5, January 10, 2022 Page: PAGE8
This periodical is part of the collection entitled: Texas State Publications and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Modifying offense of failing to comply S
with county fire marshal order
HB 1240 by Coleman (Miles)Digest
HB 1240 would have lowered from a class B
misdemeanor (up to 180 days in jail and/or a maximum
fine of $2,000) to a class C misdemeanor (maximum fine
of $500) the offense of failing to comply with an order
from a county fire marshal to correct a fire or life safety
hazard in a structure. The offense would have applied to a
person, not just a structure's owner or occupant as under
current law, who failed to comply with such an order.
The bill would have made the offense a class B
misdemeanor if it was shown on trial that the defendant
had been previously convicted of the offense. The offense
would have been a class A misdemeanor (up to one year in
jail and/or a maximum fine of $4,000) if the commission
of the offense had resulted in bodily injury or death.
HB 1240 also would have allowed the commissioners
court of a county with a population of 3.3 million or
more (Harris County) and the commissioners court of
a county adjacent to such a county with a population of
550,000 or more (Fort Bend County) to grant to certain
county employees the authority to issue a citation in the
unincorporated area of the county only for:
the offense of failing to comply with a county fire
marshal order; or
a violation of an order relating to fire or life
safety issued by the commissioners court that was
reasonably necessary to protect public safety and
welfare.
Governor's reason for veto
"House Bill 1240 would wisely reduce an existing fire-
safety penalty from a Class B to a Class C misdemeanor,
and I share the goal of keeping Texans safe by increasing
enforcement of the penalty. But House Bill 1240 goes
off course in granting broad and unique authority to
the county commissioners courts in just a few counties,including Harris County. Under the bill, these county
commissioners courts could designate county employers
who are not peace officers to issue criminal citations
to citizens - a weighty duty usually reserved for the
discretion of trained, accountable law-enforcement
officials. And the bill's loose language could give the
county commissioners courts a blank check to write new
safety rules to be enforced criminally by these county
employees. A more refined solution is needed."
Response
Rep. Garnet Coleman, the bill's author, said:
"Though I am glad that the governor sees the wisdom
in reducing unnecessarily harsh jail penalties for those
who do not comply with fire marshals' orders, it is
disappointing that he deemed the other fire-safety aspects
of this bill to be overreach. HB 1240 was modeled
after the same authority we already grant public health
inspectors and would have authorized the fire marshals in
Harris and Fort Bend counties to more efficiently address
fire code violations by issuing citations themselves without
needing to get a peace officer involved."
Sen. Borris Miles, the Senate sponsor, had no
comment on the veto.
Notes
HB 1240 passed on the Local, Consent, and
Resolutions Calendar and was not analyzed in a Daily
Floor Report.0
Page 8
House Research Organization
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 87, Number 5, January 10, 2022, periodical, January 10, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1543870/m1/8/?rotate=180: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.