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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

Senate Bill 1011

Senate Author:  Estes

Effective:  See below

House Sponsor:  Harper-Brown


            Senate Bill 1011 amends the Government Code to continue the Texas Commission on Fire Protection until September 1, 2021, and to revise statutes reflecting across-the-board sunset provisions.

            Senate Bill 1011 authorizes the commission to conduct inspections of institutions and facilities that conduct fire protection training courses, in addition to the biennial compliance inspections currently required under state law, to assess safety risk and specifies factors for the commission to consider in determining whether to conduct such an inspection.  The bill sets forth provisions relating to disciplinary actions and administrative and civil penalties against fire departments, training providers, and certified personnel that commit inspection violations or fail to take corrective action on a violation and requires the commission to develop and implement a method for tracking and analyzing complaint violation data.

            Senate Bill 1011 requires the commission and the commissioner of insurance to transfer between the two agencies injury information from the Texas Fire Incident Reporting System and workers' compensation data showing claims filed by fire protection personnel and requires the commission to evaluate the injury information and develop recommendations for reducing such injuries.

            Senate Bill 1011 prohibits the commission from certifying a person as fire protection personnel unless the commission has approved fingerprint-based criminal history record information about the person obtained from the Department of Public Safety and the Federal Bureau of Investigation, and requires the commission to establish criteria for denying certification based on criminal history.  Effective January 1, 2010, the bill removes the $35 cap on the fee for a certificate issued or renewed by the commission and authorizes the commission to set the amount of the fee.  The bill requires a fire department or other employing entity renewing a certification to submit to the commission evidence of completion of any required professional education.

            Effective January 1, 2010, Senate Bill 1011 abolishes the Fire Department Emergency Program established under the commission to provide financial assistance for purchasing equipment and facilities and providing education scholarships for municipal and volunteer fire departments and certain firefighting organizations, and transfers all money, loans and other contracts, leases, property, and obligations of the commission related to the program, and the balance of any money appropriated by the legislature for the program, to the Texas Forest Service.  It requires the service to maintain a separate account within the volunteer fire department assistance fund to contain money transferred from the program and money from legislative appropriations, and authorizes the money in the account to be used only for firefighter education and training scholarship grants or for purchasing firefighting equipment and facilities for municipal and volunteer fire departments.

            Senate Bill 1011 requires the commission to coordinate with appropriate state and federal agencies in a declared state of disaster, including the governor's office of homeland security and the Federal Emergency Management Agency.

            Except as provided above, the bill takes effect September 1, 2009.