Enrolled Bill Summary

            Senate Bill 371 continues the Texas Commission on Fire Protection, sets September 1, 2009, as the commission's next sunset review date, and implements the Sunset Advisory Commission's standard, across-the-board recommendations.

            Senate Bill 371 revises the membership of the commission to include three public members and requires the commission to consult with an advisory body before adopting or changing certain rules. The act requires that the rules adopted to administer the fire department emergency program include criteria for evaluating grant and loan applications and prohibits the use of scholarship, grant, and loan funds for administrative expenses. A local government that provides fire protection services for its citizens is prohibited from contracting with a private for-profit entity for fire protection services without voter approval.

            Senate Bill 371 directs the commission and the Texas Department of Insurance to adopt a memorandum of understanding relating to the department's fire suppression ratings schedule (formerly the key rate schedule) and deletes requirements for annual review and update of the memoranda of understanding with the fireman's training school and the Texas Forest Service.

            The act consolidates the fire protection personnel and volunteer fire fighter advisory committees into a single fire fighter advisory committee and establishes one certification program for both paid and volunteer firefighters and fire departments. Senate Bill 371 grants the commission or the state fire marshall access to and use of an applicant's criminal history record for issuing or renewing a license, permit, certificate, or other similar authorization.

            Senate Bill 371 amends Insurance Code provisions relating to fire extinguishers, fire alarm and detection devices, fire protection sprinkler systems, and fireworks. The act transfers the authority to appoint members to the fire extinguisher advisory council and the fire protection advisory council from the State Board of Insurance to the commission. The act sets the registration renewal fee at $250 and amends requirements for a person or firm that conducts business relating to single-station fire alarm devices. A licensing program for training schools and instructors relating to fire alarms and fire detection devices is created, and the commission is required to adopt rules for the licensing and regulation of fire alarms and fire detection devices or systems. Powers and duties for regulating fire alarms and detection devices are transferred from the board of insurance to the commission.

            Senate Bill 371 conforms the definitions of Class B and Class C fireworks to federal law. The act changes licensing requirements for certain classes of fireworks, including those used in pyrotechnic displays, and requires a person who assembles, conducts, and supervises pyrotechnic displays to have a pyrotechnic special effects operator's license. The minimum liability insurance required for a public display permit is increased from $300,000 to $500,000, and the commission is required to adopt rules relating to the issuance, suspension, revocation, and renewal of licenses and permits for fireworks. Finally, the act requires the division of emergency management and the commission to develop a statewide mutual aid program for fire emergencies.