1-1  By:  Carriker                                         S.B. No. 1110
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 19, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 19, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis              x                               
   1-12        Haley                                         x    
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom             x                               
   1-16        Madla                                         x    
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth                                     x    
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 1110       By:  Harris of Tarrant
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to state regulation and assistance in the field of fire
   1-24  protection, including the powers and duties of the Texas Commission
   1-25  on Fire Protection; providing a penalty.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Subsection (a), Section 419.004, Government Code,
   1-28  is amended to read as follows:
   1-29        (a)  The commission is composed of the following 12 members:
   1-30              (1)  three chief officers with a minimum rank of
   1-31  battalion chief employed in fire departments as defined by Section
   1-32  419.021 that are under the jurisdiction of the commission, at least
   1-33  two of whom must be the heads of their fire departments, and one of
   1-34  whom must be employed by a political subdivision with a population
   1-35  of less than 50,000, one must be employed by a political
   1-36  subdivision with a population of 50,000 to 200,000, and one must be
   1-37  employed by a political subdivision with a population of more than
   1-38  200,000;
   1-39              (2)  three fire protection personnel as defined by
   1-40  Section 419.021 with the rank of captain or below employed in fire
   1-41  departments or other appropriate local authorities under the
   1-42  jurisdiction of the commission, at least one of whom must be
   1-43  actively involved in educating the public on fire prevention as a
   1-44  significant part of the person's duties, and one of whom must be
   1-45  employed by a political subdivision with a population of less than
   1-46  50,000, one must be employed by a political subdivision with a
   1-47  population of 50,000 to 200,000, and one must be employed by a
   1-48  political subdivision with a population of more than 200,000;
   1-49              (3)  three persons who are volunteer fire chiefs or
   1-50  volunteer fire fighters;
   1-51              (4)  one certified fire protection engineer;
   1-52              (5)  one certified arson investigator; and
   1-53              (6)  one fire protection <science> instructor from an
   1-54  institution of higher education as defined by Section 61.003,
   1-55  Education Code.
   1-56        SECTION 2.  Subsection (a), Section 419.007, Government Code,
   1-57  is amended to read as follows:
   1-58        (a)  The fire protection <science> instructor appointed under
   1-59  Section 419.004(a)(6) serves as the presiding officer of the
   1-60  commission unless the governor designates another member as
   1-61  presiding officer.  The commission shall elect from among its
   1-62  members an assistant presiding officer and a secretary.
   1-63        SECTION 3.  Section 419.008, Government Code, is amended by
   1-64  adding Subsection (k) to read as follows:
   1-65        (k)  The commission may use pertinent and timely facts
   1-66  relating to fires to develop educational programs and disseminate
   1-67  materials necessary to educate the public effectively regarding
   1-68  methods of fire prevention and safety.
    2-1        SECTION 4.  Section 419.021, Government Code, is amended to
    2-2  read as follows:
    2-3        Sec. 419.021.  DEFINITIONS.  (a)  In this subchapter:
    2-4              (1)  "Aircraft fire fighting <crash> and rescue fire
    2-5  protection personnel" means permanent, fully paid, full-time local
    2-6  governmental employees who, as a permanent duty assignment, fight
    2-7  aircraft fires at airports, stand by for potential crash landings,
    2-8  and perform aircraft crash rescue.
    2-9              (2)  "Fire department" means a department of a local
   2-10  government with one or more permanent, fully paid, full-time
   2-11  employees organized to prevent or suppress fires.
   2-12              (3)  "Fire protection personnel" means:
   2-13                    (A)  permanent, fully paid, full-time law
   2-14  enforcement officers designated as fire and arson investigators by
   2-15  an appropriate local authority;
   2-16                    <(B)  aircraft crash and rescue fire protection
   2-17  personnel;> or
   2-18                    (B) <(C)>  permanent, fully paid, full-time fire
   2-19  department employees who are not secretaries, stenographers,
   2-20  clerks, budget analysts, or similar support staff persons or other
   2-21  administrative employees and who are assigned duties in one or more
   2-22  of the following categories:
   2-23                          (i)  fire suppression;
   2-24                          (ii)  fire inspection;
   2-25                          (iii)  fire and arson investigation;
   2-26                          (iv)  marine fire fighting;
   2-27                          (v)  aircraft <crash> fire fighting and
   2-28  rescue;
   2-29                          (vi)  fire training;
   2-30                          (vii)  fire education;
   2-31                          (viii)  fire administration; and
   2-32                          (ix)  any other position necessarily or
   2-33  customarily related to fire prevention and suppression.
   2-34              (4)  "Local government" means a municipality, a county,
   2-35  a special-purpose district or authority, or any other political
   2-36  subdivision of the state.
   2-37              (5)  "Marine fire protection personnel" means
   2-38  permanent, fully paid, full-time local governmental employees who
   2-39  work aboard a fireboat and fight fires that occur on or adjacent to
   2-40  a waterway, waterfront, channel, or turning basin.
   2-41              (6)  "Protective clothing" means garments, including
   2-42  turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
   2-43  helmets, and protective hoods, worn by fire protection personnel in
   2-44  the course of performing fire-fighting operations.
   2-45        (b)  In this subchapter, an officer or employee of a fire
   2-46  department or other department of a local government is considered
   2-47  fully paid if the officer's or employee's annual compensation for
   2-48  performing one or more duties listed under Subsection (a)(3)(B),
   2-49  including the value of benefits and reimbursement for expenses, is
   2-50  at least equal to the amount of compensation a person would receive
   2-51  working 2,080 hours at the federal minimum wage.
   2-52        (c)  In this subchapter, an officer or employee of a fire
   2-53  department or other department of a local government is considered
   2-54  a full-time employee if the officer or employee works an average of
   2-55  40 or more hours per week or averages approximately 40 or more
   2-56  hours per week during a work cycle, as appropriate, performing one
   2-57  or more duties listed under Subsection (a)(3)(B).
   2-58        SECTION 5.  Subsection (a), Section 419.022, Government Code,
   2-59  is amended to read as follows:
   2-60        (a)  The commission may:
   2-61              (1)  require the submission of reports and information
   2-62  by a local governmental agency in this state that employs fire
   2-63  protection personnel;
   2-64              (2)  assist fire departments and fire protection
   2-65  personnel with problems related to fire-fighting techniques,
   2-66  clothing, and equipment;
   2-67              (3)  assist fire departments and local governments with
   2-68  the development and updating of local fire codes;
   2-69              (4)  on request, assist in performing <recommend>
   2-70  staffing studies of <patterns to> fire departments; and
    3-1              (5)  establish minimum educational, training, physical,
    3-2  and mental standards for admission to employment as fire protection
    3-3  personnel in a permanent, temporary, or probationary status and for
    3-4  advanced or specialized fire protection personnel positions.
    3-5        SECTION 6.  Section 419.028, Government Code, is amended to
    3-6  read as follows:
    3-7        Sec. 419.028.  Training Programs and Instructors.  <(a) The
    3-8  commission shall establish and maintain fire protection training
    3-9  programs conducted by the commission staff or through agencies and
   3-10  institutions that the commission considers appropriate.>  The
   3-11  commission may:
   3-12              (1)  authorize reimbursement for a local governmental
   3-13  agency for expenses in attending <the> training programs as
   3-14  authorized by the legislature;<.>
   3-15        <(b)  The commission may:>
   3-16              (2) <(1)>  through issuance or revocation of a
   3-17  certificate, approve or revoke the approval of an institution or
   3-18  facility for a school operated by or for this state or a local
   3-19  government specifically for training fire protection personnel or
   3-20  recruits;
   3-21              <(2)  operate schools and school facilities and conduct
   3-22  preparatory, in-service, basic, and advanced courses in the schools
   3-23  and facilities, as the commission determines, for fire protection
   3-24  personnel or recruits;>
   3-25              (3)  certify persons as qualified fire protection
   3-26  personnel instructors under conditions that the commission
   3-27  prescribes;
   3-28              (4)  contract with persons or public or private
   3-29  agencies, as the commission considers necessary, for <services,
   3-30  facilities,> studies<,> and reports that the commission requires to
   3-31  cooperate with local governmental agencies in training programs and
   3-32  to otherwise perform its functions; <and>
   3-33              (5)  revoke the certification of fire protection
   3-34  personnel instructors; and
   3-35              (6)  provide staff or educational materials on request
   3-36  to training programs or fire departments.
   3-37        SECTION 7.  Section 419.032, Government Code, is amended by
   3-38  amending Subsection (a) and adding Subsections (f) through (h) to
   3-39  read as follows:
   3-40        (a)  A fire department may not appoint a person to the fire
   3-41  department, except on a temporary or probationary basis, unless the
   3-42  person:
   3-43              (1)  has satisfactorily completed a preparatory program
   3-44  of training in fire protection at a school approved <or operated>
   3-45  by the commission; and
   3-46              (2)  meets the qualifications established by the
   3-47  commission under Subsection (b).
   3-48        (f)  A local government may appoint a person to the position
   3-49  of head of the fire department, though the person is not certified
   3-50  by the commission as fire protection personnel, if the person
   3-51  either has at least 10 years' experience as a volunteer fire
   3-52  fighter or may be eligible to become certified under the provisions
   3-53  of Subsection (d) relating to other states or jurisdictions.  The
   3-54  appointment is on a temporary basis pending certification of the
   3-55  person as fire protection personnel by the commission under this
   3-56  subsection.  The temporary appointment may not be extended beyond
   3-57  one year by renewal of appointment or otherwise.  In addition to
   3-58  rules adopted under Subsection (d) relating to other states or
   3-59  jurisdictions, the commission shall adopt rules for purposes of
   3-60  this subsection relating to presentation of evidence that a person
   3-61  has been a volunteer fire fighter for the required period.  The
   3-62  rules may not include more stringent requirements on the nature of
   3-63  the volunteer fire departments with which a person may accumulate
   3-64  the required period of volunteer service than the requirements
   3-65  contained in the definition of an organized volunteer fire
   3-66  department under Section 2, Chapter 86, Acts of the 60th
   3-67  Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
   3-68  Civil Statutes).  The commission shall certify as fire protection
   3-69  personnel a person who is serving as a temporarily appointed
   3-70  department head under this subsection and who:
    4-1              (1)  presents satisfactory evidence that the person has
    4-2  been a volunteer fire fighter for at least 10 years and passes the
    4-3  commission's basic certification examination administered under
    4-4  this subchapter on the first or second attempt;
    4-5              (2)  presents satisfactory evidence that the person is
    4-6  eligible to be certified as fire protection personnel under
    4-7  Subsection (d) and passes the commission's basic certification
    4-8  examination administered under this subchapter on the first or
    4-9  second attempt; or
   4-10              (3)  satisfies the requirements of Subsections (a) and
   4-11  (b).
   4-12        (g)  This chapter does not prevent a fire department from
   4-13  assigning volunteer fire fighters, or other auxiliary fire fighters
   4-14  who are not fire protection personnel, to fire suppression, fire
   4-15  education, or fire station duties.
   4-16        (h)  This chapter does not prevent an employee of a local
   4-17  government from being a volunteer fire fighter.
   4-18        SECTION 8.  Subchapter B, Chapter 419, Government Code, is
   4-19  amended by adding Section 419.0321 to read as follows:
   4-20        Sec. 419.0321.  PART-TIME FIRE PROTECTION EMPLOYEES.  (a)  A
   4-21  fire department may employ part-time fire protection employees
   4-22  under this section.  The commission shall create a separate
   4-23  certification class for part-time fire protection employees.
   4-24        (b)  To become certified as a part-time fire protection
   4-25  employee, a person must:
   4-26              (1)  satisfy the requirements of Sections 419.032(a)
   4-27  and (b) or Section 419.032(d) for certification as fire protection
   4-28  personnel; and
   4-29              (2)  be employed by a fire department as a temporary or
   4-30  probationary part-time fire protection employee.
   4-31        (c)  A fire department may not employ a person as a part-time
   4-32  fire protection employee, except on a temporary or probationary
   4-33  basis, unless the person has been certified by the commission as a
   4-34  part-time fire protection employee.  A temporary or probationary
   4-35  employment may not extend beyond one year or be renewed, except
   4-36  that on petition of a fire department one year or more after the
   4-37  date that a temporary or probationary part-time employment expires,
   4-38  the commission may reinstate the person's temporary or probationary
   4-39  part-time employment.
   4-40        (d)  A person who is certified as a part-time fire protection
   4-41  employee and a fire department or local government that employs a
   4-42  part-time fire protection employee are subject to this subchapter
   4-43  and applicable commission rules to the same extent that this
   4-44  subchapter and applicable commission rules apply to certified fire
   4-45  protection personnel and to a fire department or local government
   4-46  in the employment of fire protection personnel.
   4-47        (e)  A part-time fire protection employee may not:
   4-48              (1)  work more than 24 hours a week or average more
   4-49  than approximately 24 hours a week during a work cycle, as
   4-50  appropriate, for an employing fire department; or
   4-51              (2)  work more than 500 hours a year for an employing
   4-52  fire department in duties related to fire suppression.
   4-53        (f)  A part-time fire protection employee may work, on a
   4-54  temporary basis only, in place of a person who is fire protection
   4-55  personnel who is absent from work because of vacation, illness,
   4-56  injury, or administrative leave.  Work may not be assigned under
   4-57  this subsection in a manner that will cause a reduction in the
   4-58  number of authorized full-time positions in a fire department.
   4-59  Hours worked under this subsection are not counted when computing
   4-60  hours under Subsection (e)(1).
   4-61        SECTION 9.  Subchapter B, Chapter 419, Government Code, is
   4-62  amended by adding Section 419.0322 to read as follows:
   4-63        Sec. 419.0322.  CATEGORIES AND DESIGNATION OF PERSONS
   4-64  PERFORMING FIRE PROTECTION DUTIES.  (a)  Each person who is
   4-65  assigned by a fire department to perform one or more duties listed
   4-66  under Section 419.021(a)(3)(B) must be:
   4-67              (1)  fire protection personnel;
   4-68              (2)  a part-time fire protection employee; or
   4-69              (3)  a volunteer or other auxiliary fire fighter.
   4-70        (b)  Each fire department shall designate each person who is
    5-1  assigned by the department to perform one or more duties listed
    5-2  under Section 419.021(a)(3)(B) as fire protection personnel, a
    5-3  part-time fire protection employee, or a volunteer or auxiliary
    5-4  fire fighter, but a department may not designate the same person
    5-5  under more than one category under this section.  The designation
    5-6  shall be made on the records of the department and the designation
    5-7  shall be made available for inspection by the commission or sent to
    5-8  the commission on request.
    5-9        (c)  A fire department may not compensate, reimburse, or
   5-10  provide benefits to a person the department has designated as a
   5-11  volunteer or other auxiliary fire fighter to the extent that the
   5-12  person would be considered fully paid under Section 419.021(b).
   5-13        (d)  A person designated as a part-time fire protection
   5-14  employee under this section is subject to Section 419.0321.
   5-15        SECTION 10.  Section 419.034, Government Code, is amended by
   5-16  amending Subsection (e) and adding Subsection (f) to read as
   5-17  follows:
   5-18        (e)  Notwithstanding Subsection (d), a person may apply for
   5-19  and the commission may issue a new certificate without the person's
   5-20  retaking the proficiency examination or repeating the requirements
   5-21  for obtaining an original certificate if the person previously held
   5-22  the certification being sought and:
   5-23              (1)  has continuously held fire protection personnel
   5-24  certification in another discipline;
   5-25              (2)  has been employed in a fire protection personnel
   5-26  position in another jurisdiction without a break in service of one
   5-27  year or longer; or
   5-28              (3)  has been employed full-time, without a break in
   5-29  service of one year or longer, by a nongovernmental entity as a
   5-30  fire protection employee in circumstances under which the person
   5-31  would have been eligible for fire protection personnel
   5-32  certification if the person had been employed by a local
   5-33  government.
   5-34        (f)  At least 30 days before the expiration of a person's
   5-35  certificate, the commission shall send written notice of the
   5-36  impending certificate expiration to the last known fire department
   5-37  or other employing entity employing the regulated person according
   5-38  to the records of the commission.
   5-39        SECTION 11.  Section 419.038, Government Code, is amended to
   5-40  read as follows:
   5-41        Sec. 419.038.  Appointment to Aircraft Fire Fighting <Crash>
   5-42  and Rescue Fire Protection Personnel Position.  (a)  The commission
   5-43  shall adopt requirements for certification of aircraft fire
   5-44  fighting <crash> and rescue fire protection personnel.  A person
   5-45  may not be appointed to an aircraft fire fighting <crash> and
   5-46  rescue fire protection personnel position, except on a probationary
   5-47  basis, unless the person has completed the training prescribed by
   5-48  the commission.
   5-49        (b)  Aircraft fire fighting <crash> and rescue fire
   5-50  protection personnel appointed on a probationary basis must
   5-51  complete the prescribed training before two years after the date of
   5-52  appointment.
   5-53        (c)  Aircraft fire fighting <crash> and rescue fire
   5-54  protection personnel serving under permanent appointment with two
   5-55  or more years' service before September 1, 1984, have satisfied the
   5-56  training requirements.
   5-57        SECTION 12.  The heading to Section 419.071, Government Code,
   5-58  is amended to read as follows:
   5-59        Sec. 419.071.  VOLUNTARY CERTIFICATION <AND REGULATION>
   5-60  PROGRAM FOR VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS.
   5-61        SECTION 13.  Subsection (a), Section 419.071, Government
   5-62  Code, is amended to read as follows:
   5-63        (a)  The commission shall develop a voluntary certification
   5-64  <and regulation> program for volunteer fire fighters and volunteer
   5-65  fire departments.  Components of the program developed by the
   5-66  commission shall include voluntary certification <and regulation>
   5-67  of volunteer fire fighters, voluntary certification <and
   5-68  regulation> of facilities that train volunteer fire fighters, and
   5-69  voluntary inspection and certification <the regulation> of
   5-70  protective clothing and self-contained breathing apparatus of
    6-1  volunteer fire departments.  A volunteer fire fighter or other
    6-2  entity that chooses to become certified under a component of the
    6-3  commission's certification program under this subchapter is subject
    6-4  to commission rules that relate to that component.
    6-5        SECTION 14.  Subsection (a), Section 419.072, Government
    6-6  Code, is amended to read as follows:
    6-7        (a)  The commission shall establish a volunteer fire fighter
    6-8  advisory committee to assist the commission in matters relating to
    6-9  volunteer fire fighters and volunteer fire departments.  The
   6-10  committee shall be composed of nine members appointed by the
   6-11  commission.  Six members must be volunteer fire fighters who
   6-12  collectively represent various areas in the field of fire
   6-13  protection.  Three members must be instructors of volunteer fire
   6-14  fighters.  Six of the nine members must be appointed from a list
   6-15  submitted each year before September 1 to the commission by the
   6-16  State Firemen's and Fire Marshals' Association of Texas.  A
   6-17  committee member:
   6-18              (1)  serves at the will of the commission;
   6-19              (2)  serves for a one-year term that expires February
   6-20  1; and
   6-21              (3)  may be reappointed to the committee after the
   6-22  expiration of a term.
   6-23        SECTION 15.  Section 419.074, Government Code, is amended to
   6-24  read as follows:
   6-25        Sec. 419.074.  Recognition of Certain Prior Certifications.
   6-26  (a)  The commission shall, on application, certify a person under
   6-27  the commission's program under this subchapter if the person
   6-28  received an advanced certificate from the State Firemen's and Fire
   6-29  Marshals' Association of Texas before September 1, 1993.
   6-30        (b)  A volunteer fire fighter who receives an advanced
   6-31  certificate from the State Firemen's and Fire Marshals' Association
   6-32  of Texas after September 1, 1993, shall on application be certified
   6-33  under this subchapter:
   6-34              (1)  if the commission determines that the standards
   6-35  under which the volunteer fire fighter received the advanced
   6-36  certificate are at least as stringent as the applicable standards
   6-37  in effect for that certificate on January 1, 1993; and
   6-38              (2)  after the successful completion of an examination
   6-39  administered by the commission for the purpose of certification
   6-40  under this subchapter.
   6-41        SECTION 16.  Section 419.075, Government Code, is amended to
   6-42  read as follows:
   6-43        Sec. 419.075.  Becoming Certified Under Subchapter B.  A
   6-44  volunteer fire fighter who is certified by the commission under
   6-45  this subchapter <held an active State Firemen's and Fire Marshals'
   6-46  Association of Texas advanced certification on May 1, 1991, or who
   6-47  has completed the training required for a State Firemen's and Fire
   6-48  Marshals' Association of Texas advanced certification not later
   6-49  than December 31, 1992,> is eligible to be certified to be fire
   6-50  protection personnel under Subchapter B if the person successfully
   6-51  completes <after successful completion of> the fire protection
   6-52  personnel examination administered under Subchapter B on the first
   6-53  or second attempt.  A volunteer fire fighter who is certified by
   6-54  the commission under this subchapter and <did not hold an active
   6-55  State Firemen's and Fire Marshals' Association of Texas advanced
   6-56  certification on May 1, 1991, or> who does not successfully
   6-57  complete the fire protection personnel examination administered
   6-58  under Subchapter B on the first or second attempt <required
   6-59  training for a State Firemen's and Fire Marshals' Association of
   6-60  Texas advanced certification by December 31, 1992,> is eligible to
   6-61  be certified to be fire protection personnel under Subchapter B
   6-62  only after completing a commission-approved certification program
   6-63  under Subchapter B and subsequent successful completion of the fire
   6-64  protection personnel examination administered under Subchapter B.
   6-65        SECTION 17.  Section 419.083, Government Code, is amended to
   6-66  read as follows:
   6-67        Sec. 419.083.  Voluntary Regulation of Certain State
   6-68  Officials, State Agencies, and State Agency Employees.
   6-69  (a)  Certain state officials, state agencies, and state agency
   6-70  employees may apply to the commission for regulation under one or
    7-1  more discrete components of the commission's regulatory authority
    7-2  under Subchapter B.  The commission shall define the components by
    7-3  rule.
    7-4        (b)  A state agency employee who would be fire protection
    7-5  personnel under Section 419.021 if the person were employed by a
    7-6  local government, or who is employed full-time in the field of fire
    7-7  instruction or fire training evaluation and who meets the
    7-8  commission's training and experience requirements for fire
    7-9  protection personnel, may apply to the commission for regulation
   7-10  under this section.  The fact that a state agency employee becomes
   7-11  regulated by the commission under this section does not make the
   7-12  employing agency subject to commission regulation under this
   7-13  section, except that the commission may require reports from the
   7-14  agency that relate to the employee.  A state agency may pay an
   7-15  employee's fees under this subsection.
   7-16        (c)  A person who is elected to public office in state
   7-17  government and who holds a commission certificate at the time the
   7-18  person takes office may maintain the certificate by applying to the
   7-19  commission for regulation under this section and by paying the
   7-20  required renewal fee in accordance with Section 419.034.  A person
   7-21  applying for regulation under this section must comply with
   7-22  continuing education requirements applicable to the discipline in
   7-23  which the certificate is held in order to maintain the certificate.
   7-24        (d)  A state agency may apply to the commission for
   7-25  regulation under this section if the agency is the employing
   7-26  authority for persons who, if employed by a local government, would
   7-27  be fire protection personnel under Section 419.021.
   7-28        (e) <(d)>  The commission shall prescribe the procedures
   7-29  under which a state official, state agency, or agency employee may
   7-30  apply for regulation under this section and the means by which the
   7-31  state official, state agency, or agency employee may present
   7-32  evidence that the official, agency, or employee is eligible for
   7-33  regulation under this section.
   7-34        (f) <(e)>  The commission shall determine whether a state
   7-35  official, state agency, or agency employee that has applied for
   7-36  regulation is eligible for regulation under this section.  The
   7-37  commission shall approve a request for regulation if the official,
   7-38  agency, or employee meets the requirements of Subsection (b), <or>
   7-39  (c), or (d), and the commission shall notify the applying official,
   7-40  agency, or employee of its decision.
   7-41        (g) <(f)>  A state official, state agency, or agency employee
   7-42  regulated under this section is subject to the appropriate
   7-43  component or components of Subchapter B and applicable rules
   7-44  adopted under this chapter to the same extent as a local
   7-45  government, a fire department, or fire protection personnel
   7-46  employed by a local government.
   7-47        (h) <(g)>  A state agency or agency employee that is subject
   7-48  to regulation under this section is entitled to a reasonable period
   7-49  in which to comply with applicable requirements.  The commission by
   7-50  rule shall determine the time period in which a state agency or
   7-51  agency employee must come into compliance with each requirement.
   7-52        SECTION 18.  Section 419.084, Government Code, is amended to
   7-53  read as follows:
   7-54        Sec. 419.084.  Voluntary Regulation of Certain Federal
   7-55  Agencies and Federal Fire Fighters <Employees>.  (a)  Certain
   7-56  federal agencies and federal fire fighters <employees> may apply to
   7-57  the commission for regulation under one or more discrete components
   7-58  of the commission's regulatory authority under Subchapter B.  The
   7-59  commission shall define the components by rule.
   7-60        (b)  A federal fire fighter <employee> who would be fire
   7-61  protection personnel under Section 419.021 if the person were
   7-62  employed by a local government may apply to the commission for
   7-63  regulation under this section.  The fact that a federal fire
   7-64  fighter <employee> becomes regulated by the commission under this
   7-65  section does not make the employing agency subject to commission
   7-66  regulation under this section.
   7-67        (c)  A federal agency may apply to the commission for
   7-68  regulation under this section if the agency is the employing
   7-69  authority for persons who, if employed by a local government, would
   7-70  be fire protection personnel under Section 419.021.
    8-1        (d)  The commission shall prescribe the procedures under
    8-2  which a federal agency or federal fire fighter <employee> may apply
    8-3  for regulation under this section and the means by which a federal
    8-4  agency or federal fire fighter <employee> may present evidence that
    8-5  the agency or fire fighter <employee> is eligible for regulation
    8-6  under this section.
    8-7        (e)  The commission shall determine whether a federal agency
    8-8  or federal fire fighter <employee> that has applied for regulation
    8-9  is eligible for regulation under this section.  The commission
   8-10  shall approve a request for regulation if the agency or fire
   8-11  fighter <employee> meets the requirements of Subsection (b) or (c),
   8-12  and the commission shall notify the applying agency or fire fighter
   8-13  <employee> of its decision.
   8-14        (f)  A federal agency or federal fire fighter <employee>
   8-15  regulated under this section is subject, to the extent allowed by
   8-16  federal law, to the appropriate component or components of
   8-17  Subchapter B and applicable rules adopted under this chapter to the
   8-18  same extent as a local government, a fire department, or fire
   8-19  protection personnel employed by a local government.
   8-20        (g)  A federal agency or federal fire fighter <employee> that
   8-21  is subject to regulation under this section is entitled to a
   8-22  reasonable period in which to comply with applicable requirements.
   8-23  The commission by rule shall determine the time period in which a
   8-24  federal agency or federal fire fighter <employee> must come into
   8-25  compliance with each requirement.
   8-26        (h)  In this section, "federal fire fighter" means a person
   8-27  who is employed to provide fire protection to property of the
   8-28  federal government by:
   8-29              (1)  an agency of the federal government; or
   8-30              (2)  an entity that contracts with the federal
   8-31  government.
   8-32        SECTION 19.  Subchapter E, Chapter 419, Government Code, is
   8-33  amended by adding Section 419.087 to read as follows:
   8-34        Sec. 419.087.  MANDATORY REGULATION OF CERTAIN
   8-35  NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL.  (a)  In this section,
   8-36  "fire department," "fire protection personnel," and "local
   8-37  government" have the meanings assigned by Section 419.021.
   8-38        (b)  An organization that is not a local government, a
   8-39  department of a local government, or a state or federal agency is
   8-40  subject to regulation by the commission under Subchapter B if the
   8-41  organization:
   8-42              (1)  provides fire protection for a local government
   8-43  for profit under a contract or other agreement with the local
   8-44  government; and
   8-45              (2)  would be a fire department if it were a department
   8-46  of a local government.
   8-47        (c)  A person who is not an employee of a local government or
   8-48  of a state or federal agency is subject to regulation by the
   8-49  commission under Subchapter B if the person:
   8-50              (1)  provides fire protection for a local government
   8-51  under a contract or other agreement between the local government
   8-52  and either the person or an organization subject to regulation
   8-53  under Subsection (b); and
   8-54              (2)  would be fire protection personnel if employed by
   8-55  a local government.
   8-56        (d)  A person or organization that is subject to regulation
   8-57  by the commission under this section is subject to Subchapter B and
   8-58  applicable commission rules to the same extent that Subchapter B
   8-59  and applicable commission rules apply to a fire department or to
   8-60  fire protection personnel.
   8-61        (e)  The commission may create a separate certification class
   8-62  for persons regulated under this section.
   8-63        SECTION 20.  Section 419.906, Government Code, is amended by
   8-64  adding Subsection (c) to read as follows:
   8-65        (c)  The commission may enter into a consent order or
   8-66  settlement agreement with any person under the commission's
   8-67  jurisdiction under this chapter or other law.  The consent order or
   8-68  settlement agreement may include an agreement between the
   8-69  commission and the person under which the person will make
   8-70  restitution to a third party or pay a monetary penalty to the
    9-1  commission.  The consent order or settlement agreement is valid and
    9-2  enforceable without regard to whether the commission is authorized
    9-3  to order restitution or impose the monetary penalty under other law
    9-4  in the absence of the affected person's agreement.
    9-5        SECTION 21.  Section 417.005, Government Code, is amended to
    9-6  read as follows:
    9-7        Sec. 417.005.  Adoption of Rules.  The commission, after
    9-8  consulting with the state fire marshal, may <shall> adopt necessary
    9-9  rules to guide the state fire marshal and fire and arson
   9-10  investigators commissioned by the state fire marshal in the
   9-11  investigation of arson, fire, and suspected arson and in the
   9-12  performance of other duties for the commission.
   9-13        SECTION 22.  Section 417.006, Government Code, is amended to
   9-14  read as follows:
   9-15        Sec. 417.006.  Fire and Arson Investigators.  The state fire
   9-16  marshal may commission peace officers to act as fire and arson
   9-17  investigators <to act> under his supervision and to perform other
   9-18  law enforcement duties assigned to the commission by law.  The
   9-19  state fire marshal <and> may revoke a peace officer's <an
   9-20  investigator's> commission under this section for just cause.
   9-21        SECTION 23.  Section 417.008, Government Code, is amended by
   9-22  adding Subsection (e) to read as follows:
   9-23        (e)  The commission may adopt by rule any appropriate
   9-24  standard developed by a nationally recognized standards-making
   9-25  association under which the state fire marshal may enforce this
   9-26  section, except that standards adopted by rule under this
   9-27  subsection do not apply in a geographic area under the jurisdiction
   9-28  of a local government that has adopted fire protection ordinances
   9-29  that apply in the geographic area.
   9-30        SECTION 24.  Chapter 417, Government Code, is amended by
   9-31  adding Section 417.010 to read as follows:
   9-32        Sec. 417.010.  ALTERNATE REMEDIES.  The state fire marshal,
   9-33  in the enforcement of a law that is enforced by or through the
   9-34  state fire marshal, may in lieu of cancelling, revoking, or
   9-35  suspending a license or certificate of registration impose on the
   9-36  holder of the license or certificate of registration an order
   9-37  directing the holder to do one or more of the following:
   9-38              (1)  cease and desist from a specified activity;
   9-39              (2)  remit to the commission within a specified time a
   9-40  monetary forfeiture not to exceed $10,000 for each violation of an
   9-41  applicable law or rule; and
   9-42              (3)  make restitution to a person harmed by the
   9-43  holder's violation of an applicable law or rule.
   9-44        SECTION 25.  Article 2.12, Code of Criminal Procedure, is
   9-45  amended to read as follows:
   9-46        Art. 2.12.  Who Are Peace Officers.  The following are peace
   9-47  officers:
   9-48              (1)  sheriffs and their deputies;
   9-49              (2)  constables and deputy constables;
   9-50              (3)  marshals or police officers of an incorporated
   9-51  city, town, or village;
   9-52              (4)  rangers and officers commissioned by the Public
   9-53  Safety Commission and the Director of the Department of Public
   9-54  Safety;
   9-55              (5)  investigators of the district attorneys', criminal
   9-56  district attorneys', and county attorneys' offices;
   9-57              (6)  law enforcement agents of the Texas Alcoholic
   9-58  Beverage Commission;
   9-59              (7)  each member of an arson investigating unit
   9-60  commissioned by a city, a county, or the state;
   9-61              (8)  officers commissioned under Subchapter E, Chapter
   9-62  51, Education Code;
   9-63              (9)  officers commissioned by the State Purchasing and
   9-64  General Services Commission;
   9-65              (10)  law enforcement officers commissioned by the
   9-66  Parks and Wildlife Commission;
   9-67              (11)  airport police officers commissioned by a city
   9-68  with a population of more than one million, according to the most
   9-69  recent federal census, that operates an airport that serves
   9-70  commercial air carriers;
   10-1              (12)  airport security personnel commissioned as peace
   10-2  officers by the governing body of any political subdivision of this
   10-3  state, other than a city described by Subdivision (11), that
   10-4  operates an airport that serves commercial air carriers;
   10-5              (13)  municipal park and recreational patrolmen and
   10-6  security officers;
   10-7              (14)  security officers commissioned as peace officers
   10-8  by the State Treasurer;
   10-9              (15)  officers commissioned by a water control and
  10-10  improvement district under Section 51.132, Water Code;
  10-11              (16)  officers commissioned by a board of trustees
  10-12  under Chapter 341, Acts of the 57th Legislature, Regular Session,
  10-13  1961 (Article 1187f, Vernon's Texas Civil Statutes);
  10-14              (17)  investigators commissioned by the Texas State
  10-15  Board of Medical Examiners;
  10-16              (18)  officers commissioned by the board of managers of
  10-17  the Dallas County Hospital District, the Tarrant County Hospital
  10-18  District, or the Bexar County Hospital District under Section
  10-19  281.057, Health and Safety Code;
  10-20              (19)  county park rangers commissioned under Subchapter
  10-21  E, Chapter 351, Local Government Code;
  10-22              (20)  investigators employed by the Texas Racing
  10-23  Commission;
  10-24              (21)  officers commissioned by the State Board of
  10-25  Pharmacy;
  10-26              (22)  officers commissioned by the governing body of a
  10-27  metropolitan rapid transit authority under Section 13, Chapter 141,
  10-28  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
  10-29  Vernon's Texas Civil Statutes), or by a regional transportation
  10-30  authority under Section 10, Chapter 683, Acts of the 66th
  10-31  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
  10-32  Civil Statutes);
  10-33              (23)  officers commissioned by the Texas High-Speed
  10-34  Rail Authority;
  10-35              (24)  investigators commissioned by the attorney
  10-36  general under Section 402.009, Government Code; <and>
  10-37              (25)  security officers and investigators commissioned
  10-38  as peace officers under the State Lottery Act; and
  10-39              (26)  officers commissioned by the state fire marshal
  10-40  under Chapter 417, Government Code.
  10-41        SECTION 26.  Subsection (e), Section 402.0211, Government
  10-42  Code, is amended to read as follows:
  10-43        (e)  This section does not apply to:
  10-44              (1)  the governor's office;
  10-45              (2)  an institution of higher education, as defined by
  10-46  Section 61.003, Education Code;
  10-47              (3)  an agency expressly authorized by the General
  10-48  Appropriations Act or other statute to hire or select legal
  10-49  counsel;
  10-50              (4)  an agency governed by one or more elected
  10-51  officials;
  10-52              (5)  an agency with a director appointed by the
  10-53  governor;
  10-54              (6)  the Central Education Agency;
  10-55              (7)  the Department of Public Safety;
  10-56              (8)  the Employees Retirement System of Texas or the
  10-57  Teacher Retirement System of Texas;
  10-58              (9)  the Parks and Wildlife Department;
  10-59              (10)  the State Board of Insurance;
  10-60              (11)  the Texas <State Highway and Public>
  10-61  Transportation Commission or the Texas <State> Department of
  10-62  <Highways and Public> Transportation;
  10-63              (12)  the Texas Department of Criminal Justice;
  10-64              (13)  the Texas Employment Commission;
  10-65              (14)  the Texas Higher Education Coordinating Board;
  10-66              (15)  the Texas Natural Resource Conservation
  10-67  Commission;
  10-68              (16)  the Texas Workers' Compensation Commission; <or>
  10-69              (17)  the Texas Youth Commission; or
  10-70              (18)  the Texas Commission on Fire Protection.
   11-1        SECTION 27.  Article 6701m-1, Revised Statutes, is amended to
   11-2  read as follows:
   11-3        Art. 6701m-1.  INSCRIPTION ON STATE VEHICLE.  There shall be
   11-4  printed upon each side of every automobile, truck or other motor
   11-5  vehicle owned by the State of Texas the word "Texas," followed in
   11-6  letters of not less than two (2) inches high by the title of the
   11-7  department, bureau, board, commission or official having the
   11-8  custody of such car, and such inscription shall be in a color
   11-9  sufficiently different from the body of the car so that the
  11-10  lettering shall be plainly legible at a distance of not less than
  11-11  one hundred (100) feet, and the official having control thereof
  11-12  shall have such wording placed thereon as prescribed herein, and
  11-13  whoever drives any automobile, truck or other motor vehicle
  11-14  belonging to the State upon the streets of any town or city or upon
  11-15  a highway without such inscription printed thereon shall be fined
  11-16  not less than Twenty-five Dollars ($25.00) nor more than One
  11-17  Hundred Dollars ($100.00).  Provided, however, State-owned vehicles
  11-18  under control and custody of the Texas Commission on Fire
  11-19  Protection, State Board of Pharmacy, Texas Department of Mental
  11-20  Health and Mental Retardation, the Department of Public Safety, the
  11-21  Texas Department of Corrections, the Board of Pardons and Paroles,
  11-22  the Parks and Wildlife Department, the Railroad Commission of
  11-23  Texas, the Texas Alcoholic Beverage Commission, the office of the
  11-24  attorney general's Health Services Providers Integrity and Medicaid
  11-25  Fraud Division, The Banking Department of Texas, the Savings and
  11-26  Loan Department of Texas, the Texas Juvenile Probation Commission,
  11-27  the Texas Air Control Board, the Texas Natural Resource
  11-28  Conservation Commission, Agencies and Branches of Government for
  11-29  whom appropriations are made under the article of the General
  11-30  Appropriations Act that appropriates money to the legislature, and
  11-31  the Texas Youth Council may be exempt from the requirements of this
  11-32  Act by rule and regulation of the governing bodies of these State
  11-33  agencies or, in the case of the office of the attorney general, by
  11-34  rules and regulations of the attorney general.  Such rules and
  11-35  regulations shall specify the primary use to which vehicles exempt
  11-36  from the requirements of this Act are devoted, the purpose to be
  11-37  served by not printing on them the inscriptions required by this
  11-38  Act and such rules and regulations shall not be effective until
  11-39  filed with the Secretary of State.  No use of vehicles exempt from
  11-40  the requirements of this Act shall be made except for the
  11-41  legitimate purposes expressly specified in the rules and
  11-42  regulations.  If a use not specified in the rules and regulations
  11-43  is made of the exempt vehicles, the penalties prescribed in this
  11-44  Act apply to that use.  Whoever drives a vehicle exempted from the
  11-45  requirements of this Act as authorized by this provision shall not
  11-46  be subject to the penalties prescribed in this Act.
  11-47        SECTION 28.  (a)  This Act takes effect September 1, 1993.
  11-48        (b)  The changes in Subsection (a), Section 419.004, and
  11-49  Subsection (a), Section 419.007, Government Code, made by this Act
  11-50  do not affect the entitlement of a member of the Texas Commission
  11-51  on Fire Protection serving on the commission immediately before the
  11-52  effective date of this Act to continue to hold office for the term
  11-53  for which the member was appointed.  The change applies only to a
  11-54  member appointed on or after the effective date of this Act.
  11-55        (c)  The changes in law to Section 419.075, Government Code,
  11-56  made by this Act do not affect the validity of a certificate
  11-57  obtained under Section 419.075, Government Code, before the
  11-58  effective date of this Act.
  11-59        (d)  The changes in law to Section 419.028, Government Code,
  11-60  made by this Act do not affect:
  11-61              (1)  the validity of a contract made under Section
  11-62  419.028, Government Code, before the effective date of this Act; or
  11-63              (2)  any express or implied power granted to the Texas
  11-64  Commission on Fire Protection under law to make contracts that are
  11-65  reasonably necessary for the performance of the commission's
  11-66  duties.
  11-67        SECTION 29.  The importance of this legislation and the
  11-68  crowded condition of the calendars in both houses create an
  11-69  emergency and an imperative public necessity that the
  11-70  constitutional rule requiring bills to be read on three several
   12-1  days in each house be suspended, and this rule is hereby suspended.
   12-2                               * * * * *
   12-3                                                         Austin,
   12-4  Texas
   12-5                                                         April 19, 1993
   12-6  Hon. Bob Bullock
   12-7  President of the Senate
   12-8  Sir:
   12-9  We, your Committee on Economic Development to which was referred
  12-10  S.B. No. 1110, have had the same under consideration, and I am
  12-11  instructed to report it back to the Senate with the recommendation
  12-12  that it do not pass, but that the Committee Substitute adopted in
  12-13  lieu thereof do pass and be printed.
  12-14                                                         Parker,
  12-15  Chairman
  12-16                               * * * * *
  12-17                               WITNESSES
  12-18                                                  FOR   AGAINST  ON
  12-19  ___________________________________________________________________
  12-20                                                  FOR   AGAINST  ON
  12-21  ___________________________________________________________________
  12-22  Name:  John Cook                                 x
  12-23  Representing:  Tx Fire Chiefs Assn.
  12-24  City:  Denton
  12-25  -------------------------------------------------------------------
  12-26  Name:  Billy A. Powers                           x
  12-27  Representing:  Grapevine Fire Dept.
  12-28  City:  Grapevine
  12-29  -------------------------------------------------------------------
  12-30  Name:  Joe Erwin                                 x
  12-31  Representing:  City of Hurst
  12-32  City:  Hurst
  12-33  -------------------------------------------------------------------
  12-34  Name:  Donald A. Eernisse                        x
  12-35  Representing:  St. Firemen & Fire Marshals
  12-36  City:  Alvin, TX
  12-37  -------------------------------------------------------------------
  12-38  Name:  Lee A. Koontz                             x
  12-39  Representing:  City of Euless Fire Dept.
  12-40  City:  Euless
  12-41  -------------------------------------------------------------------
  12-42  Name:  Don Hoffman                               x
  12-43  Representing:  St. Firemen & Fire Marshals
  12-44  City:  Brenham
  12-45  -------------------------------------------------------------------
  12-46  Name:  John Walters                              x
  12-47  Representing:  Lockhart Fire Dept.
  12-48  City:  Lockhart
  12-49  -------------------------------------------------------------------
  12-50  Name:  Rick Mumey                                x
  12-51  Representing:  Hou. Prof. Fire Fighters Assoc.
  12-52  City:  Houston
  12-53  -------------------------------------------------------------------
  12-54  Name:  Ernest Emerson                                          x
  12-55  Representing:  TX Comm. on Fire Protection
  12-56  City:  Austin
  12-57  -------------------------------------------------------------------
  12-58  Name:  Lynn M. Bizzell                           x
  12-59  Representing:  Texas Fire Chiefs
  12-60  City:  Round Rock
  12-61  -------------------------------------------------------------------
  12-62  Name:  Michael E. Hines                                        x
  12-63  Representing:  TX Comm on Fire Protection
  12-64  City:  Austin
  12-65  -------------------------------------------------------------------
  12-66  Name:  Mike Higgins                              x
  12-67  Representing:  TX St. Assoc. of Fire Fighters
  12-68  City:  Austin
  12-69  -------------------------------------------------------------------
  12-70  Name:  Jim McDonald                              x
   13-1  Representing:  Tarrant Co. Firefighters Assn
   13-2  City:  Crowley
   13-3  -------------------------------------------------------------------
   13-4  Name:  Ron Hawthorne                             x
   13-5  Representing:  City of Bedford
   13-6  City:  Bedford
   13-7  -------------------------------------------------------------------
   13-8  Name:  Dr. Kem Bennett                                         x
   13-9  Representing:  TX Engineering Extension Ser.
  13-10  City:  College Station
  13-11  -------------------------------------------------------------------
  13-12  Name:  Gregory B. Tucker                         x
  13-13  Representing:  City of Richland Hills
  13-14  City:  Richland Hills
  13-15  -------------------------------------------------------------------
  13-16  Name:  Michael Logan                             x
  13-17  Representing:  City of Euless Fire Dept.
  13-18  City:  Euless
  13-19  -------------------------------------------------------------------