reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.012. Number and Location Identification Service

Sec. 777.012.  NUMBER AND LOCATION IDENTIFICATION SERVICE.  (a)  In this section:
(1)  "Service provider" means an entity providing local exchange access lines to a service user and includes a business service user that provides residential facilities and owns or leases a public or private telephone switch used to provide telephone service to facility residents.
(2)  "Service user" means a person that is provided local exchange access lines, or their equivalent.
(b)  A service provider shall furnish to a poison control center for each call to an emergency line of the center the telephone number of the subscribers and the address associated with the number.
(c)  Information furnished to a poison control center under this section is confidential and is not available for public inspection.  Information contained in an address database used to provide the number or location identification information under this section is confidential and is not available for public inspection.  The service provider or a third party that maintains an address database is not liable to any person for the release of information furnished by the service provider or third party in providing number or location identification information under this section, unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 33, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.013. Cooperation and Coordination With the Department of State Health Services

Sec. 777.013.  COOPERATION AND COORDINATION WITH THE DEPARTMENT OF STATE HEALTH SERVICES.  (a)  The Department of State Health Services, on request of the Commission on State Emergency Communications, shall provide epidemiological support to the regional poison control centers under this chapter to:
(1)  maximize the use of data collected by the poison control network;
(2)  assist the regional poison control centers with quality control and quality assurance;
(3)  assist with research; and
(4)  coordinate poison control activities with other public health activities.
(b)  Each regional poison control center shall provide the Department of State Health Services with access to all data and information collected by the regional poison control center for public health activities and epidemiological and toxicological investigations.
(c)  The Commission on State Emergency Communications and the Department of State Health Services shall enter into a memorandum of understanding that delineates the responsibilities of each agency under this section and amend the memorandum of understanding as necessary to reflect the changes in those responsibilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 779 - Automated External Defibrillators › Section 779.001. Definition

Sec. 779.001.  DEFINITION.  In this chapter, "automated external defibrillator" means a heart monitor and defibrillator that:
(1)  has received approval from the United States Food and Drug Administration of its premarket notification filed under 21 U.S.C. Section 360(k), as amended;
(2)  is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without interpretation of cardiac rhythm by an operator, whether defibrillation should be performed;  and
(3)  on determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 779 - Automated External Defibrillators › Section 779.003. Acquisition, Maintenance, and Inspection of Automated External Defibrillator

Sec. 779.003.  ACQUISITION, MAINTENANCE, AND INSPECTION OF AUTOMATED EXTERNAL DEFIBRILLATOR.  A person or entity that owns or leases an automated external defibrillator shall:
(1)  maintain and test the automated external defibrillator according to the manufacturer's guidelines; and
(2)  conduct a monthly inspection to verify the automated external defibrillator:
(A)  is placed at its designated location;
(B)  reasonably appears to be ready for use; and
(C)  does not reasonably appear to be damaged in a manner that could prevent operation.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 545 (S.B. 199), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 779 - Automated External Defibrillators › Section 779.004. Using an Automated External Defibrillator

Sec. 779.004.  USING AN AUTOMATED EXTERNAL DEFIBRILLATOR.  A person or entity that provides emergency care to a person in cardiac arrest by using an automated external defibrillator shall promptly notify the local emergency medical services provider.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 779 - Automated External Defibrillators › Section 779.005. Notifying Local Emergency Medical Services Provider

Sec. 779.005.  NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES PROVIDER.  When a person or entity acquires an automated external defibrillator, the person or entity shall notify the local emergency medical services provider of the existence, location, and type of automated external defibrillator.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 779 - Automated External Defibrillators › Section 779.006. Liability Exemption

Sec. 779.006.  LIABILITY EXEMPTION.  (a)  Unless the conduct is wilfully or wantonly negligent, a physician who prescribes or is otherwise involved in the acquisition of an automated external defibrillator and any person or entity that provides training in the use of an automated external defibrillator are not liable for civil damages related to:
(1)  the prescription, acquisition, or training in the use of the automated external defibrillator; or
(2)  any use or attempted use of or the failure to use the automated external defibrillator.
(b)  Any person or entity that acquires an automated external defibrillator and any person or entity that owns, occupies, manages, or is otherwise responsible for the designated location where the automated external defibrillator is placed are not liable for civil damages related to the use or attempted use of or the failure to use the automated external defibrillator unless the conduct is wilfully or wantonly negligent.
(c)  The immunity provided by this section is in addition to any other immunity or limitations of liability provided by other law.
(d)  The immunity described by this section applies regardless of whether the person who uses, attempts to use, or fails to use the automated external defibrillator received training in the use of an automated external defibrillator.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 545 (S.B. 199), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 779 - Automated External Defibrillators › Section 779.007. Possession of Automated External Defibrillators

Sec. 779.007.  POSSESSION OF AUTOMATED EXTERNAL DEFIBRILLATORS.  Each person or entity, other than a licensed practitioner, that acquires an automated external defibrillator that has not been approved by the United States Food and Drug Administration for over-the-counter sale shall ensure that:
(1)  the automated external defibrillator has been delivered to that person or entity by a licensed practitioner in the course of his professional practice or upon a prescription or other order lawfully issued in the course of his professional practice;  or
(2)  if the automated external defibrillator is acquired for the purpose of sale or lease, the person or entity shall be in conformance with the applicable requirements found in Section 483.041, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 38 (H.B. 92), Sec. 1, eff. May 8, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 779 - Automated External Defibrillators › Section 779.008. Hospital Exemption

Sec. 779.008.  HOSPITAL EXEMPTION.  This chapter shall not apply to hospitals licensed under Chapter 241, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 780 - Trauma Facilities and Emergency Medical Services › Section 780.001. Definitions

Sec. 780.001.  DEFINITIONS.  In this chapter:
(1)  "Account" means the designated trauma facility and emergency medical services account established under Section 780.003.
(2)  "Commissioner" means the commissioner of state health services.
(3)  "Department" means the Department of State Health Services.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1123 (H.B. 2470), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 780 - Trauma Facilities and Emergency Medical Services › Section 780.002. Certain Deposits to Account

Sec. 780.002.  CERTAIN DEPOSITS TO ACCOUNT.  The comptroller shall deposit any gifts, grants, donations, and legislative appropriations made for the purposes of the designated trauma facility and emergency medical services account established under Section 780.003 to the credit of the account.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 2.05, eff. Jan. 11, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 780 - Trauma Facilities and Emergency Medical Services › Section 780.003. Account

Sec. 780.003.  ACCOUNT.  (a)  The designated trauma facility and emergency medical services account is created as a dedicated account in the general revenue fund of the state treasury.  Money in the account may be appropriated only to:
(1)  the department for the purposes described by Section 780.004; or
(2)  the Texas Higher Education Coordinating Board for graduate-level:
(A)  medical education programs; or
(B)  nursing education programs.
(b)  The account is composed of money deposited to the credit of the account under Sections 542.4031, 709.002, and 1006.153, Transportation Code, and under Section 780.002 of this code.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 448 , Sec. 46(3), eff. September 1, 2015.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 835 (H.B. 7), Sec. 8, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 23, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 46(3), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 372 (H.B. 1631), Sec. 4, eff. June 2, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 7, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.008, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 780 - Trauma Facilities and Emergency Medical Services › Section 780.005. Control of Expenditures From the Account

Sec. 780.005.  CONTROL OF EXPENDITURES FROM THE ACCOUNT.  Money distributed under Section 780.004 shall be used in compliance with Section 780.004 on the authorization of the executive committee of the trauma service area regional advisory council.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 780 - Trauma Facilities and Emergency Medical Services › Section 780.006. Loss of Funding Eligibility

Sec. 780.006.  LOSS OF FUNDING ELIGIBILITY.  For a period of not less than one year or more than three years, as determined by the commissioner, the department may not disburse money under Section 780.004 to a county, municipality, or local recipient that the commissioner finds used money in violation of that section.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 784 - Critical Incident Stress Management and Crisis Response Services › Section 784.001. Definitions

Sec. 784.001.  DEFINITIONS.  In this chapter:
(1)  "Crisis response service" means consultation, risk assessment, referral, and on-site crisis intervention services provided by an emergency response team member to an emergency service provider affected by a crisis or disaster.
(2)  "Critical incident stress" means the acute or cumulative psychological stress or trauma that an emergency service provider may experience in providing emergency services in response to a critical incident, including a crisis, disaster, or emergency.  The stress or trauma is an unusually strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning, including:
(A)  physical and emotional illness;
(B)  failure of usual coping mechanisms;
(C)  loss of interest in the job;
(D)  personality changes; and
(E)  loss of ability to function.
(3)  "Critical incident stress management service" means a service providing a process of crisis intervention designed to assist an emergency service provider in coping with critical incident stress.  The term includes consultation, counseling, debriefing, defusing, intervention services, case management services, prevention, and referral.
(4)  "Emergency response team member" means an individual providing critical incident stress management services or crisis response services, or both, who is designated by an appropriate state or local governmental unit to provide those services as a member of an organized team or in association with the governmental unit.
(5)  "Emergency service provider" means an individual who provides emergency response services, including a law enforcement officer, firefighter, emergency medical services provider, dispatcher, or rescue service provider.
Added by Acts 2011, 82nd Leg., R.S., Ch. 651 (S.B. 1065), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 784 - Critical Incident Stress Management and Crisis Response Services › Section 784.002. Closed Meetings

Sec. 784.002.  CLOSED MEETINGS.  (a)  Except as provided by Subsection (b) and notwithstanding Chapter 551, Government Code, or any other law, a meeting in which critical incident stress management services or crisis response services are provided to an emergency service provider:
(1)  is closed to the general public; and
(2)  may be closed to any individual who was not directly involved in the critical incident or crisis.
(b)  Subsection (a) does not apply if:
(1)  the emergency service provider or the legal representative of the provider expressly agrees that the meeting may be open to the general public or to certain individuals; or
(2)  the emergency service provider is deceased.
Added by Acts 2011, 82nd Leg., R.S., Ch. 651 (S.B. 1065), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 784 - Critical Incident Stress Management and Crisis Response Services › Section 784.003. Confidentiality

Sec. 784.003.  CONFIDENTIALITY.  (a)  Except as otherwise provided by this section:
(1)  a communication made by an emergency service provider to an emergency response team member while the provider receives critical incident stress management services or crisis response services is confidential and may not be disclosed in a civil, criminal, or administrative proceeding; and
(2)  a record kept by an emergency response team member relating to the provision of critical incident stress management services or crisis response services to an emergency service provider by the team is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, or administrative proceeding.
(b)  A court in a civil or criminal case or the decision-making entity in an administrative proceeding may allow disclosure of a communication or record described by Subsection (a) if the court or entity finds that the benefit of allowing disclosure of the communication or record is more important than protecting the privacy of the individual.
(c)  A communication or record described by Subsection (a) is not confidential if:
(1)  the emergency response team member reasonably needs to make an appropriate referral of the emergency service provider to or consult about the provider with another member of the team or an appropriate professional associated with the team;
(2)  the communication conveys information that the emergency service provider is or appears to be an imminent threat to the provider or anyone else;
(3)  the communication conveys information relating to a past, present, or future criminal act that does not directly relate to the critical incident or crisis;
(4)  the emergency service provider or the legal representative of the provider expressly agrees that the communication or record is not confidential; or
(5)  the emergency service provider is deceased.
(d)  A communication or record described by Subsection (a) is not confidential to the extent that it conveys information concerning the services and care provided to or withheld by the emergency service provider to an individual injured in the critical incident or during the crisis.
Added by Acts 2011, 82nd Leg., R.S., Ch. 651 (S.B. 1065), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 784 - Critical Incident Stress Management and Crisis Response Services › Section 784.004. Limitation on Liability

Sec. 784.004.  LIMITATION ON LIABILITY.  (a)  Except as provided by Subsection (b), an emergency response team or an emergency response team member providing critical incident stress management services or crisis response services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the team's or member's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes wanton, wilful, or intentional misconduct.
(b)  Subsection (a) limits liability for damages in any civil action, other than an action under Chapter 74, Civil Practice and Remedies Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 651 (S.B. 1065), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 785 - Search and Rescue Dogs › Section 785.001. Definitions

Sec. 785.001.  DEFINITIONS.  In this chapter:
(1)  "Handler" means a person who handles a search and rescue dog and who is certified by the National Association for Search and Rescue or another state or nationally recognized search and rescue agency.
(2)  "Housing accommodations" has the meaning assigned by Section 121.002(3), Human Resources Code.
(3)  "Public facility" means a facility described by Section 121.002(5), Human Resources Code.
(4)  "Search and rescue dog" means a canine that is trained or being trained to assist a nationally recognized search and rescue agency in search and rescue activities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 466 (S.B. 1010), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 785 - Search and Rescue Dogs › Section 785.002. Discrimination Prohibited

Sec. 785.002.  DISCRIMINATION PROHIBITED.  (a)  The owner, manager, or operator of a public facility, or an employee or other agent of the owner, manager, or operator, may not deny a search and rescue dog admittance to the facility.
(b)  The owner, manager, or operator of a public facility, or an employee or other agent of the owner, manager, or operator, may not deny a search and rescue dog's handler admittance to the facility because of the presence of the handler's search and rescue dog.
(c)  The owner, manager, or operator of a common carrier, airplane, railroad train, motor bus, streetcar, boat, or other public conveyance or mode of transportation operating within this state, or an employee or other agent of the owner, manager, or operator, may not:
(1)  refuse to accept as a passenger a search and rescue dog or the dog's handler; or
(2)  require the dog's handler to pay an additional fare because of the search and rescue dog.
(d)  The discrimination prohibited by this section includes:
(1)  refusing to allow a search and rescue dog or the dog's handler to use or be admitted to a public facility;
(2)  a ruse or subterfuge calculated to prevent or discourage a search and rescue dog or the dog's handler from using or being admitted to a public facility; and
(3)  failing to make a reasonable accommodation in a policy, practice, or procedure to allow a search and rescue dog or the dog's handler to be admitted to a public facility.
(e)  A policy relating to the use of a public facility by a designated class of persons from the general public may not prohibit the use of the particular public facility by a search and rescue dog or the dog's handler.
(f)  A search and rescue dog's handler is entitled to full and equal access, in the same manner as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to any condition or limitation established by law that applies to all persons, except that the handler may not be required to pay an extra fee or charge or security deposit for the search and rescue dog.
Added by Acts 2013, 83rd Leg., R.S., Ch. 466 (S.B. 1010), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 785 - Search and Rescue Dogs › Section 785.003. Penalty for Discrimination

Sec. 785.003.  PENALTY FOR DISCRIMINATION.  (a)  A person who violates Section 785.002 commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine of not less than $300 or more than $1,000.
(b)  It is a defense to prosecution under Subsection (a) that the actor requested the search and rescue dog handler's credentials under Section 785.005 and the handler failed to provide the actor with the credentials.
Added by Acts 2013, 83rd Leg., R.S., Ch. 466 (S.B. 1010), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 785 - Search and Rescue Dogs › Section 785.004. Responsibilities of Handlers; Civil Liability

Sec. 785.004.  RESPONSIBILITIES OF HANDLERS; CIVIL LIABILITY.  (a)  A handler who accompanies a search and rescue dog shall keep the dog properly harnessed or leashed.  A person may maintain a cause of action against a dog's handler for personal injury, property damage, or death resulting from the failure of the dog's handler to properly harness or leash the dog under the same law applicable to other causes brought for the redress of injuries caused by animals.
(b)  The handler of a search and rescue dog is liable for any property damage caused by the search and rescue dog to a public facility or to housing accommodations.
(c)  A governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code, is subject to liability under this section only as provided by Chapter 101, Civil Practice and Remedies Code.  A public servant, as defined by Section 108.001, Civil Practice and Remedies Code, is subject to liability under this section only as provided by Chapter 108, Civil Practice and Remedies Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 466 (S.B. 1010), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 785 - Search and Rescue Dogs › Section 785.005. Canine Handler Credentials

Sec. 785.005.  CANINE HANDLER CREDENTIALS.  A person may ask a search and rescue dog handler to display proof that the handler is a person with a certification issued by the National Association for Search and Rescue or another state or nationally recognized search and rescue agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 466 (S.B. 1010), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter A. General Provisions › Section 791.001. Definitions

Sec. 791.001.  DEFINITIONS.  In this chapter:
(1)  "Owner" includes an individual, firm, association, or private corporation.
(2)  "Story" has its usual architectural meaning and includes:
(A)  a basement that extends five feet or more above the grade line on one or more sides of a building;
(B)  a balcony or mezzanine floor of a building;
(C)  a roof garden;  or
(D)  an attic used for any purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter A. General Provisions › Section 791.002. Fire Escape Required

Sec. 791.002.  FIRE ESCAPE REQUIRED.  (a)  The owner of a building shall equip the building with at least one fire escape and with additional fire escapes as required by Subchapters C and D  if the building has at least:
(1)  three stories and is used as a facility subject to Subchapter C;  or
(2)  two stories and is used as a school.
(b)  A fire escape required by this chapter must meet the specifications provided by this chapter for an exterior stairway fire escape, an exterior chute fire escape, a combination of those exterior fire escapes, or an interior fire escape.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter A. General Provisions › Section 791.003. Compliance

Sec. 791.003.  COMPLIANCE.  A building constructed after September 1, 1925, and subject to this chapter shall be equipped with fire escapes and must meet all other requirements of this chapter before the building is wholly or partially occupied or used.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter A. General Provisions › Section 791.004. Exemptions

Sec. 791.004.  EXEMPTIONS.  (a)  This chapter does not apply to the construction of a structure in a municipality that has in effect a nationally recognized model building code governing the construction if the building code requires at least one one-hour fire-resistive means of escape with a total width equal to or greater than the total exit width required under this chapter for a structure of three or more stories.
(b)  This chapter does not apply to a grain elevator constructed of:
(1)  steel;
(2)  steel and concrete;  or
(3)  wood if fewer than five persons are employed at the grain elevator.
(c)  This chapter does not apply to a county courthouse that:
(1)  was constructed before September 1, 1989; and
(2)  is located in a county with a population of less than 50,000.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 171 (S.B. 888), Sec. 1, eff. May 24, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter A. General Provisions › Section 791.005. Location of Fire Escapes

Sec. 791.005.  LOCATION OF FIRE ESCAPES.  Consistent with accessibility, each fire escape subject to this chapter must be located as far as possible from stairways, elevator hatchways, and other openings in the floors of the building served by the fire escape.  If possible, each fire escape must be located at the end of a hallway or unobstructed passageway and as far apart as is consistent with the construction and location of the building.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter A. General Provisions › Section 791.006. Inspection; Approval

Sec. 791.006.  INSPECTION;  APPROVAL.  (a)  A fire escape subject to this chapter and each extension or addition to that fire escape shall be inspected before being approved for use.
(b)  The inspection may be conducted by:
(1)  the state fire marshal;
(2)  an inspector of the State Board of Insurance;
(3)  the chief of a municipal fire department;  or
(4)  a municipal fire marshal.
(c)  A fire escape or an addition or extension to a fire escape may not be approved unless it meets the requirements of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter A. General Provisions › Section 791.007. Tests; Affidavit

Sec. 791.007.  TESTS;  AFFIDAVIT.  (a)  The person who erects a fire escape shall test the fire escape, on its completion and before final approval of the fire escape, by the application of a live load of 160 pounds per square foot of area of balcony floor and stair treads, or a dead load of 240 pounds per square foot of area of balcony floor and stair treads.  The weight must be simultaneously imposed on each balcony and the stairways connecting the balconies that lead both up and down.
(b)  Sand, gravel, concrete blocks, or any other suitable commodity may be used in performing the tests.  The load must be accurately weighed and applied as specified in this section.
(c)  A dead load must be placed in position in whole or in part by mechanical means without a person present on the fire escape when the test is made.  A live load must be placed in position by mechanical means or by persons, and persons must be present on the fire escape as part of the load when the test is made.
(d)  The person who erects the fire escape shall conduct the tests in the presence of:
(1)  the state fire marshal;
(2)  an appointed representative of the state fire marshal;
(3)  the chief of a fire department;  or
(4)  a municipal fire marshal.
(e)  If an official listed in Subsection (d) cannot be present to witness the test, any of the officials instead may accept an affidavit from the person who erects the fire escape that states that the minimum required test has been made and that the fire escape has passed the test.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter B. Minimum Specifications for Fire Escapes › Section 791.011. General Requirements

Sec. 791.011.  GENERAL REQUIREMENTS.  (a)  A fire escape shall be constructed and arranged in a manner that:
(1)  permits exit on the fire escape from each floor of the building above the first floor;  and
(2)  provides an uninterrupted exit from the building to the grade.
(b)  The materials, construction, erection, and test of a fire escape must comply with the minimum specifications established under this subchapter for that type of fire escape.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter B. Minimum Specifications for Fire Escapes › Section 791.015. Exit Lights; Guide Signs

Sec. 791.015.  EXIT LIGHTS;  GUIDE SIGNS.  (a)  At least one red light must be installed and maintained in good condition at each exit to a fire escape in a building subject to Section 791.002.  An exit light must be painted with the words "fire escape exit."
(b)  One guide sign must be installed and maintained in good condition at each hallway intersection.  An additional guide sign must be provided for every 25 lineal feet of hallway leading to a fire escape.  A guide sign must be painted with the words "fire escape" and with an arrow or hand pointing to the nearest fire escape exit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter B. Minimum Specifications for Fire Escapes › Section 791.016. Painting and Maintenance Requirements

Sec. 791.016.  PAINTING AND MAINTENANCE REQUIREMENTS.  (a)  A fire escape constructed of iron or steel must be painted with at least two coats of good metallic paint when erected.  The fire escape must be repainted at least every two years or more frequently if necessary to preserve the fire escape from rust or climatic influences.
(b)  The slideway of a straight or spiral chute fire escape must be thoroughly cleaned and painted at least once each year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter C. Additional Fire Escape Requirements for Certain Facilities › Section 791.021. Additional Fire Escapes for Certain Facilities

Sec. 791.021.  ADDITIONAL FIRE ESCAPES FOR CERTAIN FACILITIES.  (a)  This section applies to:
(1)  a hospital;
(2)  a seminary;
(3)  a college;
(4)  an academy;
(5)  a school;
(6)  a dormitory;
(7)  a hotel or other facility for the accommodation of transient guests;
(8)  a lodging house, apartment house, rooming house, or boardinghouse;
(9)  a lodge hall;
(10)  a theater or other public place of amusement;  or
(11)  any other facility used for public gatherings.
(b)  Each facility subject to this section and Section 791.002 that has a lot area greater than 5,000 square feet shall provide, in addition to the fire escape required by Section 791.002, one additional fire escape for:
(1)  each 5,000 square feet of area in excess of the initial 5,000 square feet;  and
(2)  the area in excess of the largest multiple of 5,000 square feet contained in the facility's lot area if that excess is more than 2,000 square feet.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter C. Additional Fire Escape Requirements for Certain Facilities › Section 791.022. Additional Fire Escapes for Certain Office Buildings, Stores, or Industrial Plants

Sec. 791.022.  ADDITIONAL FIRE ESCAPES FOR CERTAIN OFFICE BUILDINGS, STORES, OR INDUSTRIAL PLANTS.  (a)  This section applies to:
(1)  an office building;
(2)  a wholesale or retail mercantile establishment or store;
(3)  a workshop or manufacturing establishment;  or
(4)  an industrial plant.
(b)  Each facility subject to this section and Section 791.002 that has a lot area greater than 6,000 square feet shall provide, in addition to the fire escape required by Section 791.002, one additional fire escape for:
(1)  each 6,000 square feet of area in excess of the initial 6,000 square feet;  and
(2)  the area in excess of the largest multiple of 6,000 square feet contained in the facility's lot area if that excess is more than 2,500 square feet.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter C. Additional Fire Escape Requirements for Certain Facilities › Section 791.023. Additional Fire Escapes for Certain Warehouses and Mills

Sec. 791.023.  ADDITIONAL FIRE ESCAPES FOR CERTAIN WAREHOUSES AND MILLS.  (a)  This section applies to a warehouse, storehouse, or mill building.
(b)  Each facility subject to this section and Section 791.002 that has a lot area greater than 8,000 square feet shall provide, in addition to the fire escape required by Section 791.002, one additional fire escape for:
(1)  each 8,000 square feet of area in excess of the initial 8,000 square feet;  and
(2)  the area in excess of the largest multiple of 8,000 square feet contained in the facility's lot area if that excess is more than 3,500 square feet.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter C. Additional Fire Escape Requirements for Certain Facilities › Section 791.024. Additional Fire Escapes for Nonschool Public Buildings

Sec. 791.024.  ADDITIONAL FIRE ESCAPES FOR NONSCHOOL PUBLIC BUILDINGS.  (a)  This section applies to a building, other than a school building, that is owned by this state or by a municipality or county of this state and in which public assemblies or sleeping apartments are permitted on any floor above the first floor.
(b)  Each building subject to this section and Section 791.002 that has a lot area greater than 5,000 square feet shall provide, in addition to the fire escape required by Section 791.002, one additional fire escape for:
(1)  each 5,000 square feet of area in excess of the initial 5,000 square feet;  and
(2)  the area in excess of the largest multiple of 5,000 square feet contained in the building's lot area if that excess is more than 2,000 square feet.
(c)  Each person who has charge or supervision of a facility subject to this section, or who has charge or supervision of the letting of contracts for the construction of the facility, shall comply with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter D. Additional Fire Escape Requirements for Certain School Buildings › Section 791.031. Definitions

Sec. 791.031.  DEFINITIONS.  (a)  In this subchapter, "story" means the space between two successive floor levels of a building, and a basement is a story if the floor level immediately above the basement is at least 10 feet above the grade line on at least one side of the building.
(b)  In this subchapter, types of construction are classified as "fireproof," "semifireproof," or "ordinary," as those terms are defined in the most recent edition of the building code published by the successor organization to the National Board of Fire Underwriters.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter D. Additional Fire Escape Requirements for Certain School Buildings › Section 791.032. Application

Sec. 791.032.  APPLICATION.  This subchapter applies to a building in which a school of any kind is conducted and that is:
(1)  at least two stories high;  and
(2)  owned by a school district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter D. Additional Fire Escape Requirements for Certain School Buildings › Section 791.033. Compliance Requirements

Sec. 791.033.  COMPLIANCE REQUIREMENTS.  Each person who has charge or supervision of a school building subject to this subchapter, or who has charge or supervision of the letting of contracts for the construction of the building, shall comply with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter D. Additional Fire Escape Requirements for Certain School Buildings › Section 791.034. Administration; Enforcement

Sec. 791.034.  ADMINISTRATION;  ENFORCEMENT.  (a)  The state fire marshal shall administer and supervise the enforcement of this subchapter and Section 791.024.
(b)  The state fire marshal, an inspector of the State Board of Insurance, the chief of any fire department, and any municipal fire marshal shall enforce this subchapter and Section 791.024 by all lawful means.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter D. Additional Fire Escape Requirements for Certain School Buildings › Section 791.035. Fire Escape Requirement

Sec. 791.035.  FIRE ESCAPE REQUIREMENT.  (a)  A school building of at least three stories and of fireproof construction, semifireproof construction, or ordinary construction shall have one fire escape for each group of 250 pupils, or each major fraction of that number, who are housed in the building at a level above the first floor.
(b)  A school building of two stories and of ordinary construction shall have one fire escape for each group of 250 pupils, or each major fraction of that number, who are housed in the building at a level above the first floor.
(c)  A school building of two stories that is of fireproof or semifireproof construction or that has stairways and hallways of that type of construction is not required to have a fire escape.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter D. Additional Fire Escape Requirements for Certain School Buildings › Section 791.037. Exterior Fire Escape Exits

Sec. 791.037.  EXTERIOR FIRE ESCAPE EXITS.  (a)  An exit door leading to an exterior fire escape must open on a landing that is at least the width of the doors.  The door must swing outward and be:
(1)  at least three feet by six feet six inches;
(2)  glazed with wire glass;  and
(3)  level at the bottom with the floors of the rooms or hallways and landings that it serves.
(b)  An exit door may be secured only by panic hardware approved by the successor organization to the National Board of Fire Underwriters.  Hooks, latches, bolts, locks, and similar devices are prohibited.
(c)  A window may not be used as a means of access to an exterior fire escape.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter D. Additional Fire Escape Requirements for Certain School Buildings › Section 791.038. Windows

Sec. 791.038.  WINDOWS.  A window located beneath or within 10 feet of a fire escape must be glazed with wire glass.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter E. Enforcement and Penalty Provisions › Section 791.051. Enforcement

Sec. 791.051.  ENFORCEMENT.  (a)  The attorney general, the county attorney of a county in which a building is maintained in violation of this chapter, or the district attorney of a district in which such a building is located may bring an action in the name of the state for an injunction or other process to enforce this chapter against the owner or person in charge of the building.
(b)  The action shall be brought in the district court of the county in which the building is located.
(c)  The action may be prosecuted by the attorney general, the county attorney, or the district attorney on that person's own motion, or on the relation of any individual, including the state fire marshal, an inspector of the State Board of Insurance, the chief of a municipal fire department, or a municipal fire marshal.
(d)  A district judge may issue a mandatory injunction or other writ against a person to enforce this chapter.  Disobedience of the injunction constitutes contempt of court and is punishable in the manner provided for contempt.
(e)  The court may hear the case and may grant an injunction after the defendant has received 10 days' notice of the time and place set for the hearing on the injunction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 791 - Fire Escapes › Subchapter E. Enforcement and Penalty Provisions › Section 791.052. Criminal Penalty

Sec. 791.052.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person obstructs a fire escape or a hallway or entrance leading to a fire escape in a manner that prevents free access to or use of the fire escape.  A door equipped with a lock requiring a key to operate is an obstruction.
(b)  A person commits an offense if the person is the owner of a building required to be equipped with fire escapes and the person fails or refuses to comply with this chapter.
(c)  A person commits an offense if the person serves as an agent in the care, management, supervision, control, or renting of a building for an owner who is not a resident of this state and the owner fails or refuses to comply with this chapter as it applies to that building.
(d)  An offense under this section is punishable by a fine of not less than $20 or more than $50.  If the defendant is a corporation, each officer or member of the board of directors of the corporation is subject to the fine.
(e)  Each day's failure or refusal to comply constitutes a separate offense.  Each day that an agent represents a nonresident owner who is not in compliance constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 792 - Smoke Detectors in Hotels › Section 792.001. Definitions

Sec. 792.001.  DEFINITIONS.  In this chapter:
(1)  "Hotel" means a building in which members of the public obtain sleeping accommodations for consideration, including a hotel, motel, tourist home, tourist house, tourist court, hostel, lodging house, rooming house, or inn.  The term does not include:
(A)  a hospital, sanitarium, or nursing home;  or
(B)  a building in which all or substantially all of the occupants have the right to use or possess their sleeping accommodations for at least 28 consecutive days.
(2)  "Person" has the meaning assigned by Section 1.07, Penal Code.
(3)  "Smoke detector" means a device that is:
(A)  designed to detect the presence of visible or invisible products of combustion in the air;  and
(B)  designed with an alarm audible throughout the room in which it is installed to alert the occupants of the room of the presence of visible or invisible products of combustion in the air of the room.
(4)  "Smoke detector for hearing-impaired persons" means a smoke detector that, in addition to the sound alarm, uses a xenon design strobe light with a visible effective intensity of not less than 100 candela, as tested and labeled in accordance with ANSI/UL Standard 1638, and with a flash rate of not less than 60 nor more than 120 flashes per minute.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.