By:  Uher                                             H.B. No. 1999
       73R5835 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation and assistance of fire fighters and
    1-3  fire-fighting organizations by the Texas Commission on Fire
    1-4  Protection.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 419.004(a), Government Code, is amended
    1-7  to read as follows:
    1-8        (a)  The commission is composed of the following 12 members:
    1-9              (1)  three chief officers with a minimum rank of
   1-10  battalion chief employed in fire departments as defined by Section
   1-11  419.021 that are under the jurisdiction of the commission, at least
   1-12  two of whom must be the heads of their fire departments, and one of
   1-13  whom must be employed by a political subdivision with a population
   1-14  of less than 50,000, one must be employed by a political
   1-15  subdivision with a population of 50,000 to 200,000, and one must be
   1-16  employed by a political subdivision with a population of more than
   1-17  200,000;
   1-18              (2)  three fire protection personnel as defined by
   1-19  Section 419.021 with the rank of captain or below employed in fire
   1-20  departments or other appropriate local authorities under the
   1-21  jurisdiction of the commission, at least one of whom must be
   1-22  actively involved in educating the public on fire prevention as a
   1-23  significant part of the person's duties, and one of whom must be
   1-24  employed by a political subdivision with a population of less than
    2-1  50,000, one must be employed by a political subdivision with a
    2-2  population of 50,000 to 200,000, and one must be employed by a
    2-3  political subdivision with a population of more than 200,000;
    2-4              (3)  three persons who are volunteer fire chiefs or
    2-5  volunteer fire fighters;
    2-6              (4)  one certified fire protection engineer;
    2-7              (5)  one certified arson investigator; and
    2-8              (6)  one fire protection <science> instructor from an
    2-9  institution of higher education as defined by Section 61.003,
   2-10  Education Code.
   2-11        SECTION 2.  Section 419.009, Government Code, is amended by
   2-12  adding Subsection (i) to read as follows:
   2-13        (i)  A person related within the second degree by affinity or
   2-14  within the third degree by consanguinity to a commission member may
   2-15  not be an employee of the commission who is exempt from the state's
   2-16  position classification plan or is compensated at or above the
   2-17  amount prescribed by the General Appropriations Act for step 1,
   2-18  salary group 17, of the position classification salary schedule.
   2-19        SECTION 3.  Section 419.021, Government Code, is amended to
   2-20  read as follows:
   2-21        Sec. 419.021.  DEFINITIONS.  (a)  In this subchapter:
   2-22              (1)  "Aircraft crash and rescue fire protection
   2-23  personnel" means permanent, fully paid, full-time local
   2-24  governmental employees who, as a permanent duty assignment, fight
   2-25  aircraft fires at airports, stand by for potential crash landings,
   2-26  and perform aircraft crash rescue.
   2-27              (2)  "Fire department" means a department of a local
    3-1  government with more than 16 permanent, fully paid, full-time
    3-2  employees organized to prevent or suppress fires.
    3-3              (3)  "Fire protection personnel" means:
    3-4                    (A)  permanent, fully paid, full-time law
    3-5  enforcement officers designated as fire and arson investigators by
    3-6  an appropriate local authority;
    3-7                    (B)  aircraft crash and rescue fire protection
    3-8  personnel; or
    3-9                    (C)  permanent, fully paid, full-time fire
   3-10  department employees who are not secretaries, stenographers,
   3-11  clerks, budget analysts, or similar support staff persons or other
   3-12  administrative employees and who are assigned duties more than 90
   3-13  percent of the time in one or more of the following categories:
   3-14                          (i)  fire suppression;
   3-15                          (ii)  fire inspection;
   3-16                          (iii)  fire and arson investigation;
   3-17                          (iv)  marine fire fighting;
   3-18                          (v)  aircraft crash fire fighting and
   3-19  rescue;
   3-20                          (vi)  fire training;
   3-21                          (vii)  fire education;
   3-22                          (viii)  fire administration; and
   3-23                          (ix)  any other position necessarily or
   3-24  customarily related to fire prevention and suppression.
   3-25              (4)  "Local government" means a municipality, a county,
   3-26  a special-purpose district or authority, or any other political
   3-27  subdivision of the state.
    4-1              (5)  "Marine fire protection personnel" means
    4-2  permanent, fully paid, full-time local governmental employees who
    4-3  work aboard a fireboat and fight fires that occur on or adjacent to
    4-4  a waterway, waterfront, channel, or turning basin.
    4-5              (6)  "Protective clothing" means garments, including
    4-6  turnout coats, bunker coats, boots, gloves, trousers, helmets, and
    4-7  protective hoods, worn by fire protection personnel in the course
    4-8  of performing fire-fighting operations.
    4-9        (b)  In this subchapter, an officer or employee of a fire
   4-10  department or other department of a local government is considered
   4-11  fully paid if the officer's or employee's annual compensation for
   4-12  performing one or more duties listed under Subsection (a)(3)(C),
   4-13  including the value of benefits and reimbursement for expenses, is
   4-14  at least equal to the amount of compensation a person would receive
   4-15  working 2,080 hours at the federal minimum wage.
   4-16        SECTION 4.  Section 419.028, Government Code, is amended to
   4-17  read as follows:
   4-18        Sec. 419.028.  Training Programs and Instructors.  (a) The
   4-19  commission shall contract with <establish and maintain fire
   4-20  protection training programs conducted by the commission staff or
   4-21  through> agencies and institutions that the commission considers
   4-22  appropriate to provide fire protection training programs.  The
   4-23  commission may authorize reimbursement for a local governmental
   4-24  agency for expenses in attending the training programs as
   4-25  authorized by the legislature.
   4-26        (b)  The commission may:
   4-27              (1)  through issuance or revocation of a certificate,
    5-1  approve or revoke the approval of an institution or facility for a
    5-2  school operated by or for this state or a local government
    5-3  specifically for training fire protection personnel or recruits;
    5-4              (2)  <operate schools and school facilities and conduct
    5-5  preparatory, in-service, basic, and advanced courses in the schools
    5-6  and facilities, as the commission determines, for fire protection
    5-7  personnel or recruits;>
    5-8              <(3)>  certify persons as qualified fire protection
    5-9  personnel instructors under conditions that the commission
   5-10  prescribes;
   5-11              <(4)  contract with persons or public or private
   5-12  agencies, as the commission considers necessary, for services,
   5-13  facilities, studies, and reports that the commission requires to
   5-14  cooperate with local governmental agencies in training programs and
   5-15  to otherwise perform its functions;> and
   5-16              (3) <(5)>  revoke the certification of fire protection
   5-17  personnel instructors.
   5-18        SECTION 5.  Section 419.031, Government Code, is transferred
   5-19  to Subchapter Z, Chapter 419, Government Code, redesignated as
   5-20  Section 419.907, and amended to read as follows:
   5-21        Sec. 419.907 <419.031>.  Training Assistance.  The commission
   5-22  shall adopt rules and procedures for the administration of a
   5-23  training assistance program for fire-fighting organizations <under
   5-24  this subchapter>.  The training assistance <provided to fire
   5-25  departments under this subchapter> may be provided by any of the
   5-26  following methods:
   5-27              (1)  purchasing and providing training aids to
    6-1  fire-fighting organizations <departments> on a temporary or
    6-2  permanent basis;
    6-3              (2)  financing training seminars for fire-fighting
    6-4  organizations  <departments>; or
    6-5              (3)  paying instructor fees to teach specialized
    6-6  courses for fire-fighting organizations <departments> that employ
    6-7  fully paid fire protection personnel as defined by Section 419.021.
    6-8        SECTION 6.  Section 419.032, Government Code, is amended by
    6-9  amending Subsections (a) and (c) and adding Subsection (f) to read
   6-10  as follows:
   6-11        (a)  A fire department may not appoint a person to the fire
   6-12  department, except on a part-time, temporary, or probationary
   6-13  basis, unless the person:
   6-14              (1)  has satisfactorily completed a preparatory program
   6-15  of training in fire protection at a school approved or operated by
   6-16  the commission; and
   6-17              (2)  meets the qualifications established by the
   6-18  commission under Subsection (b).
   6-19        (c)  Fire protection personnel who receive temporary or
   6-20  probationary appointment and who fail to satisfactorily complete a
   6-21  basic course in fire protection, as prescribed by the commission,
   6-22  before one year after the date of the original appointment forfeit,
   6-23  and shall be removed from, the position.  A temporary or
   6-24  probationary appointment may not be extended beyond one year by
   6-25  renewal of appointment or otherwise, except that on petition of a
   6-26  fire department one year or more after the date of the forfeiture
   6-27  and removal, the commission may reinstate the person's temporary or
    7-1  probationary employment.  <Fire protection personnel must complete
    7-2  a commission-approved training course in fire suppression before
    7-3  being assigned full-time to fire suppression duties.>
    7-4        (f)  This chapter does not prevent a fire department from
    7-5  assigning volunteer fire fighters, or other auxiliary fire fighters
    7-6  who are not fire protection personnel, to fire suppression, fire
    7-7  education, or fire station duties.
    7-8        SECTION 7.  The heading to Section 419.071, Government Code,
    7-9  is amended to read as follows:
   7-10        Sec. 419.071.  VOLUNTARY CERTIFICATION <AND REGULATION>
   7-11  PROGRAM FOR VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS.
   7-12        SECTION 8.  Section 419.071, Government Code, is amended by
   7-13  amending Subsection (a) and adding Subsection (g) to read as
   7-14  follows:
   7-15        (a)  The commission shall develop a voluntary certification
   7-16  <and regulation> program for volunteer fire fighters and volunteer
   7-17  fire departments.  The <Components of the> program developed by the
   7-18  commission shall include voluntary certification <and regulation>
   7-19  of volunteer fire fighters, voluntary certification <and
   7-20  regulation> of facilities that train volunteer fire fighters, and
   7-21  the inspection on request <regulation> of protective clothing and
   7-22  self-contained breathing apparatus.
   7-23        (g)  The commission may authorize reimbursement for a
   7-24  volunteer fire department for expenses in attending training
   7-25  programs conducted under Section 419.028 as authorized by the
   7-26  legislature.
   7-27        SECTION 9.  Section 419.072(a), Government Code, is amended
    8-1  to read as follows:
    8-2        (a)  The commission shall establish a volunteer fire fighter
    8-3  advisory committee to assist the commission in matters relating to
    8-4  volunteer fire fighters and volunteer fire departments.  The
    8-5  committee shall be composed of nine members appointed by the
    8-6  commission.  Six members must be volunteer fire fighters who
    8-7  collectively represent various areas in the field of fire
    8-8  protection.  Three members must be instructors of volunteer fire
    8-9  fighters.  Six of the nine members must be appointed from a list
   8-10  submitted each year before September 1 to the commission by the
   8-11  State Firemen's and Fire Marshals' Association of Texas.  A
   8-12  committee member serves at the will of the commission.
   8-13        SECTION 10.  Section 419.074, Government Code, is amended to
   8-14  read as follows:
   8-15        Sec. 419.074.  Recognition of Certain Prior Certifications.
   8-16  (a)  The commission shall, on application, certify a person under
   8-17  the commission's program under this subchapter if the person
   8-18  received an advanced certificate from the State Firemen's and Fire
   8-19  Marshals' Association of Texas before September 1, 1993.
   8-20        (b)  A volunteer fire fighter who receives an advanced
   8-21  certificate from the State Firemen's and Fire Marshals' Association
   8-22  of Texas after September 1, 1993, shall on application be certified
   8-23  under this subchapter after the successful completion of an
   8-24  examination administered by the commission for the purpose of
   8-25  certification under this subchapter.
   8-26        SECTION 11.  Section 419.075, Government Code, is amended to
   8-27  read as follows:
    9-1        Sec. 419.075.  Becoming Certified Under Subchapter B.  (a)  A
    9-2  volunteer fire fighter who held an active State Firemen's and Fire
    9-3  Marshals' Association of Texas advanced certification on May 1,
    9-4  1991, or who has completed the training required for a State
    9-5  Firemen's and Fire Marshals' Association of Texas advanced
    9-6  certification not later than December 31, 1992, is eligible to be
    9-7  certified to be fire protection personnel under Subchapter B after
    9-8  successful completion of the fire protection personnel examination
    9-9  administered under Subchapter B.
   9-10        (b)  A volunteer fire fighter who did not hold an active
   9-11  State Firemen's and Fire Marshals' Association of Texas advanced
   9-12  certification on May 1, 1991, or who does not complete the required
   9-13  training for a State Firemen's and Fire Marshals' Association of
   9-14  Texas advanced certification by December 31, 1992, is eligible to
   9-15  be certified to be fire protection personnel under Subchapter B
   9-16  only after:
   9-17              (1)  completion of <completing> a commission-approved
   9-18  certification program and successful completion of the fire
   9-19  protection personnel examination administered under Subchapter B;
   9-20  or
   9-21              (2)  completion of the State Firemen's and Fire
   9-22  Marshals' Association of Texas advanced certification program,
   9-23  completion of certification under this subchapter, and successful
   9-24  completion of the fire protection personnel examination
   9-25  administered under Subchapter B.
   9-26        SECTION 12.  Section 419.030, Government Code, is repealed.
   9-27        SECTION 13.  (a)  This Act takes effect September 1, 1993,
   10-1  except as otherwise provided by this section.
   10-2        (b)  The change in Section 419.004(a), Government Code, made
   10-3  by Section 1 of this Act does not affect the entitlement of a
   10-4  member of the Texas Commission on Fire Protection serving on the
   10-5  commission immediately before the effective date of this Act to
   10-6  continue to hold office for the term for which the member was
   10-7  appointed.  The change applies only to a member appointed on or
   10-8  after the effective date of this Act.
   10-9        SECTION 14.  The importance of this legislation and the
  10-10  crowded condition of the calendars in both houses create an
  10-11  emergency and an imperative public necessity that the
  10-12  constitutional rule requiring bills to be read on three several
  10-13  days in each house be suspended, and this rule is hereby suspended.