By: Carriker S.B. No. 1110
A BILL TO BE ENTITLED
AN ACT
1-1 relating to state regulation and assistance in the field of fire
1-2 protection, including the powers and duties of the Texas Commission
1-3 on Fire Protection; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 419.004, Government Code,
1-6 is amended to read as follows:
1-7 (a) The commission is composed of the following 12 members:
1-8 (1) three chief officers with a minimum rank of
1-9 battalion chief employed in fire departments as defined by Section
1-10 419.021 that are under the jurisdiction of the commission, at least
1-11 two of whom must be the heads of their fire departments, and one of
1-12 whom must be employed by a political subdivision with a population
1-13 of less than 50,000, one must be employed by a political
1-14 subdivision with a population of 50,000 to 200,000, and one must be
1-15 employed by a political subdivision with a population of more than
1-16 200,000;
1-17 (2) three fire protection personnel as defined by
1-18 Section 419.021 with the rank of captain or below employed in fire
1-19 departments or other appropriate local authorities under the
1-20 jurisdiction of the commission, at least one of whom must be
1-21 actively involved in educating the public on fire prevention as a
1-22 significant part of the person's duties, and one of whom must be
1-23 employed by a political subdivision with a population of less than
1-24 50,000, one must be employed by a political subdivision with a
2-1 population of 50,000 to 200,000, and one must be employed by a
2-2 political subdivision with a population of more than 200,000;
2-3 (3) three persons who are volunteer fire chiefs or
2-4 volunteer fire fighters;
2-5 (4) one certified fire protection engineer;
2-6 (5) one certified arson investigator; and
2-7 (6) one fire protection <science> instructor from an
2-8 institution of higher education as defined by Section 61.003,
2-9 Education Code.
2-10 SECTION 2. Subsection (a), Section 419.007, Government Code,
2-11 is amended to read as follows:
2-12 (a) The fire protection <science> instructor appointed under
2-13 Section 419.004(a)(6) serves as the presiding officer of the
2-14 commission unless the governor designates another member as
2-15 presiding officer. The commission shall elect from among its
2-16 members an assistant presiding officer and a secretary.
2-17 SECTION 3. Section 419.008, Government Code, is amended by
2-18 adding Subsection (k) to read as follows:
2-19 (k) The commission may use pertinent and timely facts
2-20 relating to fires to develop educational programs and disseminate
2-21 materials necessary to educate the public effectively regarding
2-22 methods of fire prevention and safety.
2-23 SECTION 4. Section 419.021, Government Code, is amended to
2-24 read as follows:
2-25 Sec. 419.021. DEFINITIONS. (a) In this subchapter:
2-26 (1) "Aircraft fire fighting <crash> and rescue fire
2-27 protection personnel" means permanent, fully paid, full-time local
3-1 governmental employees who, as a permanent duty assignment, fight
3-2 aircraft fires at airports, stand by for potential crash landings,
3-3 and perform aircraft crash rescue.
3-4 (2) "Fire department" means a department of a local
3-5 government with one or more permanent, fully paid, full-time
3-6 employees organized to prevent or suppress fires.
3-7 (3) "Fire protection personnel" means:
3-8 (A) permanent, fully paid, full-time law
3-9 enforcement officers designated as fire and arson investigators by
3-10 an appropriate local authority;
3-11 <(B) aircraft crash and rescue fire protection
3-12 personnel;> or
3-13 (B) <(C)> permanent, fully paid, full-time fire
3-14 department employees who are not secretaries, stenographers,
3-15 clerks, budget analysts, or similar support staff persons or other
3-16 administrative employees and who are assigned duties in one or more
3-17 of the following categories:
3-18 (i) fire suppression;
3-19 (ii) fire inspection;
3-20 (iii) fire and arson investigation;
3-21 (iv) marine fire fighting;
3-22 (v) aircraft <crash> fire fighting and
3-23 rescue;
3-24 (vi) fire training;
3-25 (vii) fire education;
3-26 (viii) fire administration; and
3-27 (ix) any other position necessarily or
4-1 customarily related to fire prevention and suppression.
4-2 (4) "Local government" means a municipality, a county,
4-3 a special-purpose district or authority, or any other political
4-4 subdivision of the state.
4-5 (5) "Marine fire protection personnel" means
4-6 permanent, fully paid, full-time local governmental employees who
4-7 work aboard a fireboat and fight fires that occur on or adjacent to
4-8 a waterway, waterfront, channel, or turning basin.
4-9 (6) "Protective clothing" means garments, including
4-10 turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
4-11 helmets, and protective hoods, worn by fire protection personnel in
4-12 the course of performing fire-fighting operations.
4-13 (b) In this subchapter, an officer or employee of a fire
4-14 department or other department of a local government is considered
4-15 fully paid if the officer's or employee's annual compensation for
4-16 performing one or more duties listed under Subsection (a)(3)(B),
4-17 including the value of benefits and reimbursement for expenses, is
4-18 at least equal to the amount of compensation a person would receive
4-19 working 2,080 hours at the federal minimum wage.
4-20 (c) In this subchapter, an officer or employee of a fire
4-21 department or other department of a local government is considered
4-22 a full-time employee if the officer or employee works an average of
4-23 40 or more hours per week or averages approximately 40 or more
4-24 hours per week during a work cycle, as appropriate, performing one
4-25 or more duties listed under Subsection (a)(3)(B).
4-26 SECTION 5. Subsection (a), Section 419.022, Government Code,
4-27 is amended to read as follows:
5-1 (a) The commission may:
5-2 (1) require the submission of reports and information
5-3 by a local governmental agency in this state that employs fire
5-4 protection personnel;
5-5 (2) assist fire departments and fire protection
5-6 personnel with problems related to fire-fighting techniques,
5-7 clothing, and equipment;
5-8 (3) assist fire departments and local governments with
5-9 the development and updating of local fire codes;
5-10 (4) on request, assist in performing <recommend>
5-11 staffing studies of <patterns to> fire departments; and
5-12 (5) establish minimum educational, training, physical,
5-13 and mental standards for admission to employment as fire protection
5-14 personnel in a permanent, temporary, or probationary status and for
5-15 advanced or specialized fire protection personnel positions.
5-16 SECTION 6. Section 419.028, Government Code, is amended to
5-17 read as follows:
5-18 Sec. 419.028. Training Programs and Instructors. <(a) The
5-19 commission shall establish and maintain fire protection training
5-20 programs conducted by the commission staff or through agencies and
5-21 institutions that the commission considers appropriate.> The
5-22 commission may:
5-23 (1) authorize reimbursement for a local governmental
5-24 agency for expenses in attending <the> training programs as
5-25 authorized by the legislature;<.>
5-26 <(b) The commission may:>
5-27 (2) <(1)> through issuance or revocation of a
6-1 certificate, approve or revoke the approval of an institution or
6-2 facility for a school operated by or for this state or a local
6-3 government specifically for training fire protection personnel or
6-4 recruits;
6-5 <(2) operate schools and school facilities and conduct
6-6 preparatory, in-service, basic, and advanced courses in the schools
6-7 and facilities, as the commission determines, for fire protection
6-8 personnel or recruits;>
6-9 (3) certify persons as qualified fire protection
6-10 personnel instructors under conditions that the commission
6-11 prescribes;
6-12 (4) contract with persons or public or private
6-13 agencies, as the commission considers necessary, for <services,
6-14 facilities,> studies<,> and reports that the commission requires to
6-15 cooperate with local governmental agencies in training programs and
6-16 to otherwise perform its functions; <and>
6-17 (5) revoke the certification of fire protection
6-18 personnel instructors; and
6-19 (6) provide staff or educational materials on request
6-20 to training programs or fire departments.
6-21 SECTION 7. Section 419.032, Government Code, is amended by
6-22 amending Subsection (a) and adding Subsections (f) through (h) to
6-23 read as follows:
6-24 (a) A fire department may not appoint a person to the fire
6-25 department, except on a temporary or probationary basis, unless the
6-26 person:
6-27 (1) has satisfactorily completed a preparatory program
7-1 of training in fire protection at a school approved <or operated>
7-2 by the commission; and
7-3 (2) meets the qualifications established by the
7-4 commission under Subsection (b).
7-5 (f) A local government may appoint a person to the position
7-6 of head of the fire department, though the person is not certified
7-7 by the commission as fire protection personnel, if the person
7-8 either has at least 10 years' experience as a volunteer fire
7-9 fighter or may be eligible to become certified under the provisions
7-10 of Subsection (d) relating to other states or jurisdictions. The
7-11 appointment is on a temporary basis pending certification of the
7-12 person as fire protection personnel by the commission under this
7-13 subsection. The temporary appointment may not be extended beyond
7-14 one year by renewal of appointment or otherwise. In addition to
7-15 rules adopted under Subsection (d) relating to other states or
7-16 jurisdictions, the commission shall adopt rules for purposes of
7-17 this subsection relating to presentation of evidence that a person
7-18 has been a volunteer fire fighter for the required period. The
7-19 rules may not include more stringent requirements on the nature of
7-20 the volunteer fire departments with which a person may accumulate
7-21 the required period of volunteer service than the requirements
7-22 contained in the definition of an organized volunteer fire
7-23 department under Section 2, Chapter 86, Acts of the 60th
7-24 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
7-25 Civil Statutes). The commission shall certify as fire protection
7-26 personnel a person who is serving as a temporarily appointed
7-27 department head under this subsection and who:
8-1 (1) presents satisfactory evidence that the person has
8-2 been a volunteer fire fighter for at least 10 years and passes the
8-3 commission's basic certification examination administered under
8-4 this subchapter on the first or second attempt;
8-5 (2) presents satisfactory evidence that the person is
8-6 eligible to be certified as fire protection personnel under
8-7 Subsection (d) and passes the commission's basic certification
8-8 examination administered under this subchapter on the first or
8-9 second attempt; or
8-10 (3) satisfies the requirements of Subsections (a) and
8-11 (b).
8-12 (g) This chapter does not prevent a fire department from
8-13 assigning volunteer fire fighters, or other auxiliary fire fighters
8-14 who are not fire protection personnel, to fire suppression, fire
8-15 education, or fire station duties.
8-16 (h) This chapter does not prevent an employee of a local
8-17 government from being a volunteer fire fighter.
8-18 SECTION 8. Subchapter B, Chapter 419, Government Code, is
8-19 amended by adding Section 419.0321 to read as follows:
8-20 Sec. 419.0321. PART-TIME FIRE PROTECTION EMPLOYEES. (a) A
8-21 fire department may employ part-time fire protection employees
8-22 under this section. The commission shall create a separate
8-23 certification class for part-time fire protection employees.
8-24 (b) To become certified as a part-time fire protection
8-25 employee, a person must:
8-26 (1) satisfy the requirements of Sections 419.032(a)
8-27 and (b) or Section 419.032(d) for certification as fire protection
9-1 personnel; and
9-2 (2) be employed by a fire department as a temporary or
9-3 probationary part-time fire protection employee.
9-4 (c) A fire department may not employ a person as a part-time
9-5 fire protection employee, except on a temporary or probationary
9-6 basis, unless the person has been certified by the commission as a
9-7 part-time fire protection employee. A temporary or probationary
9-8 employment may not extend beyond one year or be renewed, except
9-9 that on petition of a fire department one year or more after the
9-10 date that a temporary or probationary part-time employment expires,
9-11 the commission may reinstate the person's temporary or probationary
9-12 part-time employment.
9-13 (d) A person who is certified as a part-time fire protection
9-14 employee and a fire department or local government that employs a
9-15 part-time fire protection employee are subject to this subchapter
9-16 and applicable commission rules to the same extent that this
9-17 subchapter and applicable commission rules apply to certified fire
9-18 protection personnel and to a fire department or local government
9-19 in the employment of fire protection personnel.
9-20 (e) A part-time fire protection employee may not:
9-21 (1) work more than 24 hours a week or average more
9-22 than approximately 24 hours a week during a work cycle, as
9-23 appropriate, for an employing fire department; or
9-24 (2) work more than 500 hours a year for an employing
9-25 fire department in duties related to fire suppression.
9-26 (f) A part-time fire protection employee may work, on a
9-27 temporary basis only, in place of a person who is fire protection
10-1 personnel who is absent from work because of vacation, illness,
10-2 injury, or administrative leave. Work may not be assigned under
10-3 this subsection in a manner that will cause a reduction in the
10-4 number of authorized full-time positions in a fire department.
10-5 Hours worked under this subsection are not counted when computing
10-6 hours under Subsection (e)(1).
10-7 SECTION 9. Subchapter B, Chapter 419, Government Code, is
10-8 amended by adding Section 419.0322 to read as follows:
10-9 Sec. 419.0322. CATEGORIES AND DESIGNATION OF PERSONS
10-10 PERFORMING FIRE PROTECTION DUTIES. (a) Each person who is
10-11 assigned by a fire department to perform one or more duties listed
10-12 under Section 419.021(a)(3)(B) must be:
10-13 (1) fire protection personnel;
10-14 (2) a part-time fire protection employee; or
10-15 (3) a volunteer or other auxiliary fire fighter.
10-16 (b) Each fire department shall designate each person who is
10-17 assigned by the department to perform one or more duties listed
10-18 under Section 419.021(a)(3)(B) as fire protection personnel, a
10-19 part-time fire protection employee, or a volunteer or auxiliary
10-20 fire fighter, but a department may not designate the same person
10-21 under more than one category under this section. The designation
10-22 shall be made on the records of the department and the designation
10-23 shall be made available for inspection by the commission or sent to
10-24 the commission on request.
10-25 (c) A fire department may not compensate, reimburse, or
10-26 provide benefits to a person the department has designated as a
10-27 volunteer or other auxiliary fire fighter to the extent that the
11-1 person would be considered fully paid under Section 419.021(b).
11-2 (d) A person designated as a part-time fire protection
11-3 employee under this section is subject to Section 419.0321.
11-4 SECTION 10. Section 419.034, Government Code, is amended by
11-5 amending Subsection (e) and adding Subsection (f) to read as
11-6 follows:
11-7 (e) Notwithstanding Subsection (d), a person may apply for
11-8 and the commission may issue a new certificate without the person's
11-9 retaking the proficiency examination or repeating the requirements
11-10 for obtaining an original certificate if the person previously held
11-11 the certification being sought and:
11-12 (1) has continuously held fire protection personnel
11-13 certification in another discipline;
11-14 (2) has been employed in a fire protection personnel
11-15 position in another jurisdiction without a break in service of one
11-16 year or longer; or
11-17 (3) has been employed full-time, without a break in
11-18 service of one year or longer, by a nongovernmental entity as a
11-19 fire protection employee in circumstances under which the person
11-20 would have been eligible for fire protection personnel
11-21 certification if the person had been employed by a local
11-22 government.
11-23 (f) At least 30 days before the expiration of a person's
11-24 certificate, the commission shall send written notice of the
11-25 impending certificate expiration to the last known fire department
11-26 or other employing entity employing the regulated person according
11-27 to the records of the commission.
12-1 SECTION 11. Section 419.038, Government Code, is amended to
12-2 read as follows:
12-3 Sec. 419.038. Appointment to Aircraft Fire Fighting <Crash>
12-4 and Rescue Fire Protection Personnel Position. (a) The commission
12-5 shall adopt requirements for certification of aircraft fire
12-6 fighting <crash> and rescue fire protection personnel. A person
12-7 may not be appointed to an aircraft fire fighting <crash> and
12-8 rescue fire protection personnel position, except on a probationary
12-9 basis, unless the person has completed the training prescribed by
12-10 the commission.
12-11 (b) Aircraft fire fighting <crash> and rescue fire
12-12 protection personnel appointed on a probationary basis must
12-13 complete the prescribed training before two years after the date of
12-14 appointment.
12-15 (c) Aircraft fire fighting <crash> and rescue fire
12-16 protection personnel serving under permanent appointment with two
12-17 or more years' service before September 1, 1984, have satisfied the
12-18 training requirements.
12-19 SECTION 12. The heading to Section 419.071, Government Code,
12-20 is amended to read as follows:
12-21 Sec. 419.071. VOLUNTARY CERTIFICATION <AND REGULATION>
12-22 PROGRAM FOR VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS.
12-23 SECTION 13. Subsection (a), Section 419.071, Government
12-24 Code, is amended to read as follows:
12-25 (a) The commission shall develop a voluntary certification
12-26 <and regulation> program for volunteer fire fighters and volunteer
12-27 fire departments. Components of the program developed by the
13-1 commission shall include voluntary certification <and regulation>
13-2 of volunteer fire fighters, voluntary certification <and
13-3 regulation> of facilities that train volunteer fire fighters, and
13-4 voluntary inspection and certification <the regulation> of
13-5 protective clothing and self-contained breathing apparatus of
13-6 volunteer fire departments. A volunteer fire fighter or other
13-7 entity that chooses to become certified under a component of the
13-8 commission's certification program under this subchapter is subject
13-9 to commission rules that relate to that component.
13-10 SECTION 14. Subsection (a), Section 419.072, Government
13-11 Code, is amended to read as follows:
13-12 (a) The commission shall establish a volunteer fire fighter
13-13 advisory committee to assist the commission in matters relating to
13-14 volunteer fire fighters and volunteer fire departments. The
13-15 committee shall be composed of nine members appointed by the
13-16 commission. Six members must be volunteer fire fighters who
13-17 collectively represent various areas in the field of fire
13-18 protection. Three members must be instructors of volunteer fire
13-19 fighters. Six of the nine members must be appointed from a list
13-20 submitted each year before September 1 to the commission by the
13-21 State Firemen's and Fire Marshals' Association of Texas. A
13-22 committee member:
13-23 (1) serves at the will of the commission;
13-24 (2) serves for a one-year term that expires February
13-25 1; and
13-26 (3) may be reappointed to the committee after the
13-27 expiration of a term.
14-1 SECTION 15. Section 419.074, Government Code, is amended to
14-2 read as follows:
14-3 Sec. 419.074. Recognition of Certain Prior Certifications.
14-4 (a) The commission shall, on application, certify a person under
14-5 the commission's program under this subchapter if the person
14-6 received an advanced certificate from the State Firemen's and Fire
14-7 Marshals' Association of Texas before September 1, 1993.
14-8 (b) A volunteer fire fighter who receives an advanced
14-9 certificate from the State Firemen's and Fire Marshals' Association
14-10 of Texas after September 1, 1993, shall on application be certified
14-11 under this subchapter:
14-12 (1) if the commission determines that the standards
14-13 under which the volunteer fire fighter received the advanced
14-14 certificate are at least as stringent as the applicable standards
14-15 in effect for that certificate on January 1, 1993; and
14-16 (2) after the successful completion of an examination
14-17 administered by the commission for the purpose of certification
14-18 under this subchapter.
14-19 SECTION 16. Section 419.075, Government Code, is amended to
14-20 read as follows:
14-21 Sec. 419.075. Becoming Certified Under Subchapter B. A
14-22 volunteer fire fighter who is certified by the commission under
14-23 this subchapter <held an active State Firemen's and Fire Marshals'
14-24 Association of Texas advanced certification on May 1, 1991, or who
14-25 has completed the training required for a State Firemen's and Fire
14-26 Marshals' Association of Texas advanced certification not later
14-27 than December 31, 1992,> is eligible to be certified to be fire
15-1 protection personnel under Subchapter B if the person successfully
15-2 completes <after successful completion of> the fire protection
15-3 personnel examination administered under Subchapter B on the first
15-4 or second attempt. A volunteer fire fighter who is certified by
15-5 the commission under this subchapter and <did not hold an active
15-6 State Firemen's and Fire Marshals' Association of Texas advanced
15-7 certification on May 1, 1991, or> who does not successfully
15-8 complete the fire protection personnel examination administered
15-9 under Subchapter B on the first or second attempt <required
15-10 training for a State Firemen's and Fire Marshals' Association of
15-11 Texas advanced certification by December 31, 1992,> is eligible to
15-12 be certified to be fire protection personnel under Subchapter B
15-13 only after completing a commission-approved certification program
15-14 under Subchapter B and subsequent successful completion of the fire
15-15 protection personnel examination administered under Subchapter B.
15-16 SECTION 17. Section 419.083, Government Code, is amended to
15-17 read as follows:
15-18 Sec. 419.083. Voluntary Regulation of Certain State
15-19 Officials, State Agencies, and State Agency Employees.
15-20 (a) Certain state officials, state agencies, and state agency
15-21 employees may apply to the commission for regulation under one or
15-22 more discrete components of the commission's regulatory authority
15-23 under Subchapter B. The commission shall define the components by
15-24 rule.
15-25 (b) A state agency employee who would be fire protection
15-26 personnel under Section 419.021 if the person were employed by a
15-27 local government, or who is employed full-time in the field of fire
16-1 instruction or fire training evaluation and who meets the
16-2 commission's training and experience requirements for fire
16-3 protection personnel, may apply to the commission for regulation
16-4 under this section. The fact that a state agency employee becomes
16-5 regulated by the commission under this section does not make the
16-6 employing agency subject to commission regulation under this
16-7 section, except that the commission may require reports from the
16-8 agency that relate to the employee. A state agency may pay an
16-9 employee's fees under this subsection.
16-10 (c) A person who is elected to public office in state
16-11 government and who holds a commission certificate at the time the
16-12 person takes office may maintain the certificate by applying to the
16-13 commission for regulation under this section and by paying the
16-14 required renewal fee in accordance with Section 419.034. A person
16-15 applying for regulation under this section must comply with
16-16 continuing education requirements applicable to the discipline in
16-17 which the certificate is held in order to maintain the certificate.
16-18 (d) A state agency may apply to the commission for
16-19 regulation under this section if the agency is the employing
16-20 authority for persons who, if employed by a local government, would
16-21 be fire protection personnel under Section 419.021.
16-22 (e) <(d)> The commission shall prescribe the procedures
16-23 under which a state official, state agency, or agency employee may
16-24 apply for regulation under this section and the means by which the
16-25 state official, state agency, or agency employee may present
16-26 evidence that the official, agency, or employee is eligible for
16-27 regulation under this section.
17-1 (f) <(e)> The commission shall determine whether a state
17-2 official, state agency, or agency employee that has applied for
17-3 regulation is eligible for regulation under this section. The
17-4 commission shall approve a request for regulation if the official,
17-5 agency, or employee meets the requirements of Subsection (b), <or>
17-6 (c), or (d), and the commission shall notify the applying official,
17-7 agency, or employee of its decision.
17-8 (g) <(f)> A state official, state agency, or agency employee
17-9 regulated under this section is subject to the appropriate
17-10 component or components of Subchapter B and applicable rules
17-11 adopted under this chapter to the same extent as a local
17-12 government, a fire department, or fire protection personnel
17-13 employed by a local government.
17-14 (h) <(g)> A state agency or agency employee that is subject
17-15 to regulation under this section is entitled to a reasonable period
17-16 in which to comply with applicable requirements. The commission by
17-17 rule shall determine the time period in which a state agency or
17-18 agency employee must come into compliance with each requirement.
17-19 SECTION 18. Section 419.084, Government Code, is amended to
17-20 read as follows:
17-21 Sec. 419.084. Voluntary Regulation of Certain Federal
17-22 Agencies and Federal Fire Fighters <Employees>. (a) Certain
17-23 federal agencies and federal fire fighters <employees> may apply to
17-24 the commission for regulation under one or more discrete components
17-25 of the commission's regulatory authority under Subchapter B. The
17-26 commission shall define the components by rule.
17-27 (b) A federal fire fighter <employee> who would be fire
18-1 protection personnel under Section 419.021 if the person were
18-2 employed by a local government may apply to the commission for
18-3 regulation under this section. The fact that a federal fire
18-4 fighter <employee> becomes regulated by the commission under this
18-5 section does not make the employing agency subject to commission
18-6 regulation under this section.
18-7 (c) A federal agency may apply to the commission for
18-8 regulation under this section if the agency is the employing
18-9 authority for persons who, if employed by a local government, would
18-10 be fire protection personnel under Section 419.021.
18-11 (d) The commission shall prescribe the procedures under
18-12 which a federal agency or federal fire fighter <employee> may apply
18-13 for regulation under this section and the means by which a federal
18-14 agency or federal fire fighter <employee> may present evidence that
18-15 the agency or fire fighter <employee> is eligible for regulation
18-16 under this section.
18-17 (e) The commission shall determine whether a federal agency
18-18 or federal fire fighter <employee> that has applied for regulation
18-19 is eligible for regulation under this section. The commission
18-20 shall approve a request for regulation if the agency or fire
18-21 fighter <employee> meets the requirements of Subsection (b) or (c),
18-22 and the commission shall notify the applying agency or fire fighter
18-23 <employee> of its decision.
18-24 (f) A federal agency or federal fire fighter <employee>
18-25 regulated under this section is subject, to the extent allowed by
18-26 federal law, to the appropriate component or components of
18-27 Subchapter B and applicable rules adopted under this chapter to the
19-1 same extent as a local government, a fire department, or fire
19-2 protection personnel employed by a local government.
19-3 (g) A federal agency or federal fire fighter <employee> that
19-4 is subject to regulation under this section is entitled to a
19-5 reasonable period in which to comply with applicable requirements.
19-6 The commission by rule shall determine the time period in which a
19-7 federal agency or federal fire fighter <employee> must come into
19-8 compliance with each requirement.
19-9 (h) In this section, "federal fire fighter" means a person
19-10 who is employed to provide fire protection to property of the
19-11 federal government by:
19-12 (1) an agency of the federal government; or
19-13 (2) an entity that contracts with the federal
19-14 government.
19-15 SECTION 19. Subchapter E, Chapter 419, Government Code, is
19-16 amended by adding Section 419.087 to read as follows:
19-17 Sec. 419.087. MANDATORY REGULATION OF CERTAIN
19-18 NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL. (a) In this section,
19-19 "fire department," "fire protection personnel," and "local
19-20 government" have the meanings assigned by Section 419.021.
19-21 (b) An organization that is not a local government, a
19-22 department of a local government, or a state or federal agency is
19-23 subject to regulation by the commission under Subchapter B if the
19-24 organization:
19-25 (1) provides fire protection for a local government
19-26 for profit under a contract or other agreement with the local
19-27 government; and
20-1 (2) would be a fire department if it were a department
20-2 of a local government.
20-3 (c) A person who is not an employee of a local government or
20-4 of a state or federal agency is subject to regulation by the
20-5 commission under Subchapter B if the person:
20-6 (1) provides fire protection for a local government
20-7 under a contract or other agreement between the local government
20-8 and either the person or an organization subject to regulation
20-9 under Subsection (b); and
20-10 (2) would be fire protection personnel if employed by
20-11 a local government.
20-12 (d) A person or organization that is subject to regulation
20-13 by the commission under this section is subject to Subchapter B and
20-14 applicable commission rules to the same extent that Subchapter B
20-15 and applicable commission rules apply to a fire department or to
20-16 fire protection personnel.
20-17 (e) The commission may create a separate certification class
20-18 for persons regulated under this section.
20-19 SECTION 20. Section 419.906, Government Code, is amended by
20-20 adding Subsection (c) to read as follows:
20-21 (c) The commission may enter into a consent order or
20-22 settlement agreement with any person under the commission's
20-23 jurisdiction under this chapter or other law. The consent order or
20-24 settlement agreement may include an agreement between the
20-25 commission and the person under which the person will make
20-26 restitution to a third party or pay a monetary penalty to the
20-27 commission. The consent order or settlement agreement is valid and
21-1 enforceable without regard to whether the commission is authorized
21-2 to order restitution or impose the monetary penalty under other law
21-3 in the absence of the affected person's agreement.
21-4 SECTION 21. Section 417.005, Government Code, is amended to
21-5 read as follows:
21-6 Sec. 417.005. Adoption of Rules. The commission, after
21-7 consulting with the state fire marshal, may <shall> adopt necessary
21-8 rules to guide the state fire marshal and fire and arson
21-9 investigators commissioned by the state fire marshal in the
21-10 investigation of arson, fire, and suspected arson and in the
21-11 performance of other duties for the commission.
21-12 SECTION 22. Section 417.006, Government Code, is amended to
21-13 read as follows:
21-14 Sec. 417.006. Fire and Arson Investigators. The state fire
21-15 marshal may commission peace officers to act as fire and arson
21-16 investigators <to act> under his supervision and to perform other
21-17 law enforcement duties assigned to the commission by law. The
21-18 state fire marshal <and> may revoke a peace officer's <an
21-19 investigator's> commission under this section for just cause.
21-20 SECTION 23. Section 417.008, Government Code, is amended by
21-21 adding Subsection (e) to read as follows:
21-22 (e) The commission may adopt by rule any appropriate
21-23 standard developed by a nationally recognized standards-making
21-24 association under which the state fire marshal may enforce this
21-25 section, except that standards adopted by rule under this
21-26 subsection do not apply in a geographic area under the jurisdiction
21-27 of a local government that has adopted fire protection ordinances
22-1 that apply in the geographic area.
22-2 SECTION 24. Chapter 417, Government Code, is amended by
22-3 adding Section 417.010 to read as follows:
22-4 Sec. 417.010. ALTERNATE REMEDIES. The state fire marshal,
22-5 in the enforcement of a law that is enforced by or through the
22-6 state fire marshal, may in lieu of cancelling, revoking, or
22-7 suspending a license or certificate of registration impose on the
22-8 holder of the license or certificate of registration an order
22-9 directing the holder to do one or more of the following:
22-10 (1) cease and desist from a specified activity;
22-11 (2) remit to the commission within a specified time a
22-12 monetary forfeiture not to exceed $10,000 for each violation of an
22-13 applicable law or rule; and
22-14 (3) make restitution to a person harmed by the
22-15 holder's violation of an applicable law or rule.
22-16 SECTION 25. Article 2.12, Code of Criminal Procedure, is
22-17 amended to read as follows:
22-18 Art. 2.12. Who Are Peace Officers. The following are peace
22-19 officers:
22-20 (1) sheriffs and their deputies;
22-21 (2) constables and deputy constables;
22-22 (3) marshals or police officers of an incorporated
22-23 city, town, or village;
22-24 (4) rangers and officers commissioned by the Public
22-25 Safety Commission and the Director of the Department of Public
22-26 Safety;
22-27 (5) investigators of the district attorneys', criminal
23-1 district attorneys', and county attorneys' offices;
23-2 (6) law enforcement agents of the Texas Alcoholic
23-3 Beverage Commission;
23-4 (7) each member of an arson investigating unit
23-5 commissioned by a city, a county, or the state;
23-6 (8) officers commissioned under Subchapter E, Chapter
23-7 51, Education Code;
23-8 (9) officers commissioned by the State Purchasing and
23-9 General Services Commission;
23-10 (10) law enforcement officers commissioned by the
23-11 Parks and Wildlife Commission;
23-12 (11) airport police officers commissioned by a city
23-13 with a population of more than one million, according to the most
23-14 recent federal census, that operates an airport that serves
23-15 commercial air carriers;
23-16 (12) airport security personnel commissioned as peace
23-17 officers by the governing body of any political subdivision of this
23-18 state, other than a city described by Subdivision (11), that
23-19 operates an airport that serves commercial air carriers;
23-20 (13) municipal park and recreational patrolmen and
23-21 security officers;
23-22 (14) security officers commissioned as peace officers
23-23 by the State Treasurer;
23-24 (15) officers commissioned by a water control and
23-25 improvement district under Section 51.132, Water Code;
23-26 (16) officers commissioned by a board of trustees
23-27 under Chapter 341, Acts of the 57th Legislature, Regular Session,
24-1 1961 (Article 1187f, Vernon's Texas Civil Statutes);
24-2 (17) investigators commissioned by the Texas State
24-3 Board of Medical Examiners;
24-4 (18) officers commissioned by the board of managers of
24-5 the Dallas County Hospital District, the Tarrant County Hospital
24-6 District, or the Bexar County Hospital District under Section
24-7 281.057, Health and Safety Code;
24-8 (19) county park rangers commissioned under Subchapter
24-9 E, Chapter 351, Local Government Code;
24-10 (20) investigators employed by the Texas Racing
24-11 Commission;
24-12 (21) officers commissioned by the State Board of
24-13 Pharmacy;
24-14 (22) officers commissioned by the governing body of a
24-15 metropolitan rapid transit authority under Section 13, Chapter 141,
24-16 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
24-17 Vernon's Texas Civil Statutes), or by a regional transportation
24-18 authority under Section 10, Chapter 683, Acts of the 66th
24-19 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
24-20 Civil Statutes);
24-21 (23) officers commissioned by the Texas High-Speed
24-22 Rail Authority;
24-23 (24) investigators commissioned by the attorney
24-24 general under Section 402.009, Government Code; <and>
24-25 (25) security officers and investigators commissioned
24-26 as peace officers under the State Lottery Act; and
24-27 (26) officers commissioned by the state fire marshal
25-1 under Chapter 417, Government Code.
25-2 SECTION 26. Subsection (e), Section 402.0211, Government
25-3 Code, is amended to read as follows:
25-4 (e) This section does not apply to:
25-5 (1) the governor's office;
25-6 (2) an institution of higher education, as defined by
25-7 Section 61.003, Education Code;
25-8 (3) an agency expressly authorized by the General
25-9 Appropriations Act or other statute to hire or select legal
25-10 counsel;
25-11 (4) an agency governed by one or more elected
25-12 officials;
25-13 (5) an agency with a director appointed by the
25-14 governor;
25-15 (6) the Central Education Agency;
25-16 (7) the Department of Public Safety;
25-17 (8) the Employees Retirement System of Texas or the
25-18 Teacher Retirement System of Texas;
25-19 (9) the Parks and Wildlife Department;
25-20 (10) the State Board of Insurance;
25-21 (11) the Texas <State Highway and Public>
25-22 Transportation Commission or the Texas <State> Department of
25-23 <Highways and Public> Transportation;
25-24 (12) the Texas Department of Criminal Justice;
25-25 (13) the Texas Employment Commission;
25-26 (14) the Texas Higher Education Coordinating Board;
25-27 (15) the Texas Natural Resource Conservation
26-1 Commission;
26-2 (16) the Texas Workers' Compensation Commission; <or>
26-3 (17) the Texas Youth Commission; or
26-4 (18) the Texas Commission on Fire Protection.
26-5 SECTION 27. Article 6701m-1, Revised Statutes, is amended to
26-6 read as follows:
26-7 Art. 6701m-1. INSCRIPTION ON STATE VEHICLE. There shall be
26-8 printed upon each side of every automobile, truck or other motor
26-9 vehicle owned by the State of Texas the word "Texas," followed in
26-10 letters of not less than two (2) inches high by the title of the
26-11 department, bureau, board, commission or official having the
26-12 custody of such car, and such inscription shall be in a color
26-13 sufficiently different from the body of the car so that the
26-14 lettering shall be plainly legible at a distance of not less than
26-15 one hundred feet (100) feet, and the official having control
26-16 thereof shall have such wording placed thereon as prescribed
26-17 herein, and whoever drives any automobile, truck or other motor
26-18 vehicle belonging to the State upon the streets of any town or city
26-19 or upon a highway without such inscription printed thereon shall be
26-20 fined not less than Twenty-five Dollars ($25.00) nor more than One
26-21 Hundred Dollars ($100.00). Provided, however, State-owned vehicles
26-22 under control and custody of the Texas Commission on Fire
26-23 Protection, State Board of Pharmacy, Texas Department of Mental
26-24 Health and Mental Retardation, the Department of Public Safety, the
26-25 Texas Department of Corrections, the Board of Pardons and Paroles,
26-26 the Parks and Wildlife Department, the Railroad Commission of
26-27 Texas, the Texas Alcoholic Beverage Commission, the office of the
27-1 attorney general's Health Services Providers Integrity and Medicaid
27-2 Fraud Division, The Banking Department of Texas, the Savings and
27-3 Loan Department of Texas, the Texas Juvenile Probation Commission,
27-4 the Texas Air Control Board, the Texas Natural Resource
27-5 Conservation Commission, Agencies and Branches of Government for
27-6 whom appropriations are made under the article of the General
27-7 Appropriations Act that appropriates money to the legislature, and
27-8 the Texas Youth Council may be exempt from the requirements of this
27-9 Act by rule and regulation of the governing bodies of these State
27-10 agencies or, in the case of the office of the attorney general, by
27-11 rules and regulations of the attorney general. Such rules and
27-12 regulations shall specify the primary use to which vehicles exempt
27-13 from the requirements of this Act are devoted, the purpose to be
27-14 served by not printing on them the inscriptions required by this
27-15 Act and such rules and regulations shall not be effective until
27-16 filed with the Secretary of State. No use of vehicles exempt from
27-17 the requirements of this Act shall be made except for the
27-18 legitimate purposes expressly specified in the rules and
27-19 regulations. If a use not specified in the rules and regulations
27-20 is made of the exempt vehicles, the penalties prescribed in this
27-21 Act apply to that use. Whoever drives a vehicle exempted from the
27-22 requirements of this Act as authorized by this provision shall not
27-23 be subject to the penalties prescribed in this Act.
27-24 SECTION 28. (a) This Act takes effect September 1, 1993.
27-25 (b) The changes in Subsection (a), Section 419.004, and
27-26 Subsection (a), Section 419.007, Government Code, made by this Act
27-27 do not affect the entitlement of a member of the Texas Commission
28-1 on Fire Protection serving on the commission immediately before the
28-2 effective date of this Act to continue to hold office for the term
28-3 for which the member was appointed. The change applies only to a
28-4 member appointed on or after the effective date of this Act.
28-5 (c) The changes in law to Section 419.075, Government Code,
28-6 made by this Act do not affect the validity of a certificate
28-7 obtained under Section 419.075, Government Code, before the
28-8 effective date of this Act.
28-9 (d) The changes in law to Section 419.028, Government Code,
28-10 made by this Act do not affect:
28-11 (1) the validity of a contract made under Section
28-12 419.028, Government Code, before the effective date of this Act; or
28-13 (2) any express or implied power granted to the Texas
28-14 Commission on Fire Protection under law to make contracts that are
28-15 reasonably necessary for the performance of the commission's
28-16 duties.
28-17 SECTION 29. The importance of this legislation and the
28-18 crowded condition of the calendars in both houses create an
28-19 emergency and an imperative public necessity that the
28-20 constitutional rule requiring bills to be read on three several
28-21 days in each house be suspended, and this rule is hereby suspended.