History of the Texas State Fire Marshal's Office
The Office of the Texas State Fire Marshal originated with Senate Bill No. 7, Chapter 8, 4th called session, 31st Legislature, in 1910. There were amendments and revisions in 1913, 1927, 1951, 1957 and 1975.
From the beginning in 1910 until 1975, the Commissioner of Insurance or a member of the State Board of Insurance (SBI) served as state fire marshal. The 1975 legislation mandated the appointment of a state fire marshal who would be a state commissioned officer and would administer, enforce, and carry out the applicable provisions of the Texas Insurance Code and other statues.
Responsibilities included those relative to:
- arson investigations,
- fire safety inspections,
- flammable liquids at retail service stations,
- licensing and regulation of fireworks,
- fire extinguishers,
- fire alarms, and
- the state fire escape law.
The SFMO was authorized in 1980 to implement a Texas Fire Incident Report System (TEXFIRS), which went on line in 1982.
Over the years, the Legislature has recognized the existence of the fire problem in Texas. It has periodically enacted legislation to address the problem. The primary objective has always been to reduce the incidence and severity of fires, thereby decreasing fire deaths, injuries, and property loss.
As evidence of its commitment to solving the fire problem in Texas, the Legislature enacted the following legislation:
- 1910 Fire Marshal position created - presently Chapter 417.002 of the Government Code
- 1917 Fire/Arson Investigation Authority - presently Chapter 417.007 of the Government Code
- 1917 Fire Safety Authority - presently Chapter 417.008 of the Government Code
- 1923 Texas Fire Escape Law - presently in Chapter 791 of the Health and Safety Code
- 1957 Fireworks Law - Article 5.43-4 of the Texas Insurance Code
- 1969 Flammable Liquids Law - presently Chapter 753 of the Health and Safety Code
- 1969 Fire Extinguisher Law - Article 5.43-1 of the Texas Insurance Code
- 1975 Fire Alarm Law - Article 5.43-2 of the Texas Insurance Code
- 1983 Automatic Fire Sprinkler Law - Article 5.43-3 of the Texas Insurance Code.
- 1983 Smoke Detectors in Hotels Law - presently Chapter 792 of the Health and Safety Code
- 1985 Legislation that authorized the SFMO to become involved in fire prevention education
- 1989 Creation of the Fire Department Emergency Board as an adjunct to the SFMO
Consolidation legislation introduced in 1977 proposed to consolidate the SFMO with the Texas Commission on Fire Protection and Personnel Standards and Education and the Firemen's Pension Commission, but failed to pass. It resurfaced during the 1991 session of the legislature through Senate Bill 383, and consolidation became effective in October 1991. However, with the passage of Senate Bill 371, the 75th Legislature returned the SFMO to the Texas Department of Insurance, effective September 1, 1997.
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Last updated: 11/27/2006
