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.