(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.

Source Note: The provisions of this §34.1301 adopted to be effective April 24, 2013, 38 TexReg 2507; amended to be effective July 2, 2014, 39 TexReg 4962