| (a) The commissioner delegates to the state fire marshal
the authority to take disciplinary and enforcement action described
in this subchapter.
(b) The state fire marshal may impose an administrative
penalty as described in §34.1302 of this title (relating to Schedule
of Administrative Penalties) against a person who violates:
(1) a provision of Title 20, Insurance Code, including
Chapter 6001, 6002, or 6003;
(2) Occupations Code Chapter 2154; or
(3) a rule appearing in Subchapter E, F, G, or H of
this chapter (relating to Fire Extinguisher and Installation, Fire
Alarm Rules, Fire Sprinkler Rules, and Storage and Sale of Fireworks,
respectively).
(c) As used in this subchapter, the term "licensee"
includes all persons licensed, registered, or otherwise regulated
by Title 20, Insurance Code, or Occupations Code Chapter 2154.
(d) The state fire marshal may refer a violation of
subsection (b)(1), (2), or (3) of this section to the Texas Department
of Insurance, Enforcement Section instead of imposing an administrative
penalty under this subchapter. Sanctions under Insurance Code Chapters
82, 83, and 84, and Occupations Code Chapter 2154 are not restricted
to the administrative penalty amounts under §34.1302 of this
title.
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