Fire Marshal Bill Limits Citations To 4M-Plus County, Big Neighbors

The text as introduced · 620 words

89R4527 MZM-F

By: Jones of Harris
H.B. No. 716

A BILL TO BE ENTITLED

AN ACT

relating to the offense of failure to comply with an order from a

fire marshal and the authority of certain county peace officers to

issue citations for certain violations; changing a criminal

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 352.022, Local Government Code, is

amended to read as follows:

Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. (a)

A person [ An owner or occupant ] who is subject to an order issued

under Section 352.016 or 352.0165 commits an offense if that person

fails to comply with the order. Each refusal to comply is a

separate offense.

(b) Except as provided by Subsection (c), (d), or (e), an

[ The ] offense under this section is a Class C [ B ] misdemeanor .

(c) An offense under this section is a Class A misdemeanor

if the commission of the offense results in bodily injury or death.

(d) Unless Subsection (c) applies, if it is shown on the

trial of the offense that the defendant has been previously

convicted under this section, the offense is a Class B misdemeanor.

(e) If [ unless ] it is shown on the trial of the offense that

the defendant has been previously convicted two or more times under

this section, [ in which event ] the offense is a state jail felony.

SECTION 2. Subchapter B, Chapter 352, Local Government

Code, is amended by adding Section 352.0221 to read as follows:

Sec. 352.0221. AUTHORITY OF CERTAIN COUNTY PEACE OFFICERS

TO ISSUE CITATION. (a) This section applies only to:

(1) a county with a population of four million or more;

and

(2) a county with a population of 650,000 or more

adjacent to a county with a population of four million or more.

(b) The commissioners court of a county to which this

section applies may grant the authority to issue a citation under

this section to a peace officer, as described by Article 2A.001,

Code of Criminal Procedure, who is employed by the county and who:

(1) is certified by the Texas Commission on Fire

Protection as a fire inspector; and

(2) conducts fire or life safety inspections under

Section 352.016.

(c) The peace officer may issue a citation in the

unincorporated area of the county only for:

(1) an offense under Section 352.022; or

(2) a violation of an order relating to fire or life

safety issued by the commissioners court that is reasonably

necessary to protect public safety and welfare.

(d) A citation issued under this section must state:

(1) the name of the person cited;

(2) the violation charged; and

(3) the time and place the person is required to appear

in court.

(e) This section does not authorize the peace officer to

arrest a person.

(f) If a person who receives a citation under this section

fails to appear in court on the return date of the citation, the

court may issue a warrant for the person's arrest for the violation

described in the citation.

SECTION 3. Section 352.022, Local Government Code, as

amended by this Act, applies only to an offense committed on or

after the effective date of this Act. An offense committed before

the effective date of this Act is governed by the law in effect on

the date the offense was committed, and the former law is continued

in effect for that purpose. For purposes of this section, an

offense was committed before the effective date of this Act if any

element of the offense was committed before that date.

SECTION 4. This Act takes effect September 1, 2025.