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 -------------------------------------------------------------------