By Armbrister S.B. No. 218
74R938 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition and functions of the Texas Commission
1-3 on Fire Protection.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 419.004(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) The commission is composed of the following 12 members:
1-8 (1) three chief officers <with a minimum rank of
1-9 battalion chief> employed in fire departments as defined by Section
1-10 419.021 that are under the jurisdiction of the commission who <, at
1-11 least two of whom> must be the heads of their fire departments, and
1-12 one of whom must be employed by a political subdivision with a
1-13 population of less than 50,000, one of whom must be employed by a
1-14 political subdivision with a population of 50,000 to 100,000
1-15 <200,000>, and one of whom must be employed by a political
1-16 subdivision with a population of more than 100,000 <200,000>;
1-17 (2) three fire protection personnel as defined by
1-18 Section 419.021 with the rank of captain or below employed in fire
1-19 departments or other appropriate local authorities under the
1-20 jurisdiction of the commission, at least one of whom must be
1-21 actively involved in educating the public on fire prevention as a
1-22 significant part of the person's duties, and one of whom must be
1-23 employed by a political subdivision with a population of less than
1-24 50,000, one of whom must be employed by a political subdivision
2-1 with a population of 50,000 to 200,000, and one of whom must be
2-2 employed by a political subdivision with a population of more than
2-3 200,000;
2-4 (3) three persons who are volunteer fire chiefs or
2-5 volunteer fire fighters;
2-6 (4) one certified fire protection engineer;
2-7 (5) one certified arson investigator; and
2-8 (6) one fire protection instructor from an institution
2-9 of higher education as defined by Section 61.003, Education Code.
2-10 SECTION 2. Section 419.021(a)(3), Government Code, is
2-11 amended to read as follows:
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; or
2-16 (B) permanent, fully paid, full-time fire
2-17 department employees who are not secretaries, stenographers,
2-18 clerks, budget analysts, maintenance personnel, or similar support
2-19 staff persons or other administrative employees and who are
2-20 assigned duties in one or more of the following categories:
2-21 (i) fire suppression;
2-22 (ii) fire inspection;
2-23 (iii) fire and arson investigation;
2-24 (iv) marine fire fighting;
2-25 (v) aircraft fire fighting and rescue;
2-26 (vi) fire training;
2-27 (vii) fire education;
3-1 (viii) fire administration; and
3-2 (ix) any other position necessarily or
3-3 customarily related to fire prevention and suppression.
3-4 SECTION 3. Section 419.022, Government Code, is amended to
3-5 read as follows:
3-6 Sec. 419.022. GENERAL POWERS RELATING TO THIS SUBCHAPTER.
3-7 <(a)> The commission may:
3-8 (1) require the submission of reports and information
3-9 by a local governmental agency in this state that employs fire
3-10 protection personnel;
3-11 (2) assist fire departments and fire protection
3-12 personnel with problems related to fire-fighting techniques,
3-13 clothing, and equipment;
3-14 (3) assist fire departments and local governments with
3-15 the development and updating of local fire codes;
3-16 (4) on request, provide information on <assist in
3-17 performing> staffing studies of fire departments; <and>
3-18 (5) establish minimum educational, training, physical,
3-19 and mental standards for certification <admission to employment> as
3-20 fire protection personnel <in a permanent, temporary, or
3-21 probationary status> and for certification as advanced or
3-22 specialized fire protection personnel; and
3-23 (6) establish minimum educational, training, physical,
3-24 and mental standards for admission to fire department employment,
3-25 in a temporary or probationary status, of persons who are not
3-26 certified as fire protection personnel and who are employed to
3-27 perform one or more duties listed under Section 419.021(a)(3)(B)
4-1 <positions>.
4-2 <(b) The commission may not change a minimum standard under
4-3 Subsection (a)(5) to a standard that is less stringent than the
4-4 applicable standard set by the Commission on Fire Protection
4-5 Personnel Standards and Education in rules that were in effect on
4-6 August 31, 1991.>
4-7 SECTION 4. Section 419.026(a), Government Code, is amended
4-8 to read as follows:
4-9 (a) The commission shall set and collect a fee of not more
4-10 than $35 for each certificate that the commission issues or renews
4-11 under this subchapter, except that if a person holds more than one
4-12 certificate the commission may collect only one fee each year for
4-13 the renewal of those certificates. The employing agency or entity
4-14 shall pay this fee as provided by commission rule unless the person
4-15 desires to pay the fee personally. The certificate must be renewed
4-16 annually.
4-17 SECTION 5. Section 419.027, Government Code, is amended to
4-18 read as follows:
4-19 Sec. 419.027. BIENNIAL INSPECTIONS. (a) At least
4-20 biennially, the commission shall visit and inspect each institution
4-21 or facility conducting courses for training fire protection
4-22 personnel and recruits, each fire department, and each local
4-23 governmental agency providing fire protection to determine if the
4-24 department, agency, institution, or facility is complying with this
4-25 chapter and commission rules.
4-26 (b) The commission may not conduct an inspection under this
4-27 section more frequently than once every two years unless the
5-1 commission has received a formal complaint concerning the
5-2 institution or facility.
5-3 (c) The commission by rule shall establish a formal
5-4 complaint procedure.
5-5 SECTION 6. Section 419.028, Government Code, is amended to
5-6 read as follows:
5-7 Sec. 419.028. TRAINING PROGRAMS AND INSTRUCTORS. The
5-8 commission may:
5-9 (1) authorize reimbursement for a local governmental
5-10 agency for expenses in attending training programs as authorized by
5-11 the legislature;
5-12 (2) through issuance or revocation of a certificate,
5-13 approve or revoke the approval of an institution or facility for a
5-14 school operated by or for this state or a local government
5-15 specifically for training fire protection personnel or recruits;
5-16 (3) certify persons as qualified fire protection
5-17 personnel instructors under conditions that the commission
5-18 prescribes;
5-19 (4) contract with persons or public or private
5-20 agencies, as the commission considers necessary, for studies and
5-21 reports that the commission requires to cooperate with local
5-22 governmental agencies in training programs and to otherwise perform
5-23 its functions;
5-24 (5) revoke the certification of fire protection
5-25 personnel instructors; <and>
5-26 (6) provide staff or educational materials on request
5-27 to training programs or fire departments; and
6-1 (7) recognize other training for credit towards
6-2 certification under this chapter.
6-3 SECTION 7. Section 419.030, Government Code, is amended to
6-4 read as follows:
6-5 Sec. 419.030. COOPERATION WITH OTHER ENTITIES FOR TRAINING
6-6 PURPOSES. The commission may consult and cooperate with a local
6-7 governmental agency, other governmental agency, university,
6-8 college, junior college, or another institution concerning the
6-9 development of its training schools and programs of courses of
6-10 instruction for fire protection personnel<, including the
6-11 preparation or implementation of continuing education or training
6-12 programs>.
6-13 SECTION 8. Section 419.032, Government Code, is amended by
6-14 adding Subsection (i) to read as follows:
6-15 (i) The commission shall certify a person for the position
6-16 of head of the fire department if the person passes the
6-17 commission's written basic certification examination on the first
6-18 or second attempt. The commission may not require other
6-19 certification or training under this subsection or require the
6-20 person to pass a skills test.
6-21 SECTION 9. Sections 419.0321(a), (b), (c), (d), and (f),
6-22 Government Code, are amended to read as follows:
6-23 (a) A fire department may employ part-time fire protection
6-24 employees under this section. <The commission shall create a
6-25 separate certification class for part-time fire protection
6-26 employees.>
6-27 (b) To be employed on other than a temporary or probationary
7-1 basis <become certified> as a part-time fire protection employee, a
7-2 person must be certified<:>
7-3 <(1) satisfy the requirements of Sections 419.032(a)
7-4 and (b) or Section 419.032(d) for certification> as fire protection
7-5 personnel<; and>
7-6 <(2) be employed by a fire department as a temporary
7-7 or probationary part-time fire protection employee>.
7-8 (c) A fire department may <not> employ a person as a
7-9 part-time fire protection employee only<, except> on a temporary or
7-10 probationary basis if<, unless> the person has not been certified
7-11 by the commission as <a part-time> fire protection personnel
7-12 <employee>. A temporary or probationary employment may not extend
7-13 beyond one year or be renewed, except that on petition of a fire
7-14 department one year or more after the date that a temporary or
7-15 probationary part-time employment expires, the commission may
7-16 reinstate the person's temporary or probationary part-time
7-17 employment.
7-18 (d) A person who is employed <certified> as a part-time fire
7-19 protection employee and a fire department or local government that
7-20 employs a part-time fire protection employee are subject to this
7-21 subchapter and applicable commission rules to the same extent that
7-22 this subchapter and applicable commission rules apply to persons
7-23 employed as <certified> fire protection personnel and to a fire
7-24 department or local government in the employment of fire protection
7-25 personnel.
7-26 (f) A part-time fire protection employee may work, on a
7-27 temporary basis only, in place of a person who is employed as fire
8-1 protection personnel and who is absent from work because of
8-2 vacation, illness, injury, or administrative leave. Work may not
8-3 be assigned under this subsection in a manner that will cause a
8-4 reduction in the number of authorized full-time positions in a fire
8-5 department. Hours worked under this subsection are not counted
8-6 when computing hours under Subsection (e)(1).
8-7 SECTION 10. Section 419.033, Government Code, is amended to
8-8 read as follows:
8-9 Sec. 419.033. CERTIFICATE EXPIRATION. (a) The commission
8-10 by rule may adopt a system under which certificates expire on
8-11 various dates during the year. For the year in which the
8-12 certificate expiration date is changed, certificate fees payable on
8-13 the date set by commission rule shall be prorated on a monthly
8-14 basis so that each fire department, <or> other employing entity, or
8-15 person who desires to pay the fee personally shall pay only that
8-16 portion of the certificate fee that is allocable to the number of
8-17 months during which the certificate is valid. On renewal of the
8-18 certificate on the new expiration date, the total certificate
8-19 renewal fee is payable.
8-20 (b) The commission shall issue to a person who has held a
8-21 commission certificate but who is no longer employed by an entity
8-22 that is regulated by the commission and who does not maintain the
8-23 person's certificate a one-time certificate that states the level
8-24 of certification held by the person on the date the person left the
8-25 regulated entity's employment. The commission shall prescribe the
8-26 procedure under which a person applies for a certificate under this
8-27 subsection. The commission shall set and collect from the person a
9-1 fee of not more than $35 for the certificate.
9-2 SECTION 11. Section 419.034, Government Code, is amended to
9-3 read as follows:
9-4 Sec. 419.034. CERTIFICATE RENEWAL. (a) A fire department,
9-5 <or> other employing entity, or person who desires to renew the
9-6 certificate personally may renew an unexpired certification by
9-7 paying to the commission before the expiration date of the
9-8 certificate the required renewal fee.
9-9 (b) If a person's certificate has been expired for 30 days
9-10 or less, the fire department, <or> other employing entity, or
9-11 person who is renewing the certificate personally may renew the
9-12 certificate by paying to the commission the required renewal fee
9-13 and a fee that is one-half of the certification fee for the
9-14 certificate.
9-15 (c) If a person's certificate has been expired for longer
9-16 than 30 days but less than one year, the fire department, <or>
9-17 other employing entity, or person renewing the certificate
9-18 personally may renew the certificate by paying to the commission
9-19 all unpaid renewal fees and a fee that is equal to the
9-20 certification fee.
9-21 (d) If a person's certificate has been expired for one year
9-22 or longer, the person may not renew the certificate. The person
9-23 may obtain a new certificate by submitting to the proficiency
9-24 examination or repeating the requirements and procedures for
9-25 obtaining an original certificate. The commission shall charge a
9-26 fee to recover the cost of administering the proficiency
9-27 examination. The fire department or other employing entity shall
10-1 pay the certification fee, unless the person is renewing the
10-2 certificate personally.
10-3 (e) Notwithstanding Subsection (d), a person may apply for
10-4 and the commission may issue a new certificate without the person's
10-5 retaking the proficiency examination or repeating the requirements
10-6 for obtaining an original certificate if the person previously held
10-7 the certification being sought and:
10-8 (1) has continuously held fire protection personnel
10-9 certification in another discipline;
10-10 (2) has been employed in a fire protection personnel
10-11 position in another jurisdiction without a break in service of one
10-12 year or longer; or
10-13 (3) has been employed full-time, without a break in
10-14 service of one year or longer, by a nongovernmental entity as a
10-15 fire protection employee in circumstances under which the person
10-16 would have been <eligible for> fire protection personnel
10-17 <certification> if the person had been employed by a local
10-18 government.
10-19 (f) At least 30 days before the expiration of a person's
10-20 certificate, the commission shall send written notice of the
10-21 impending certificate expiration to the person holding the
10-22 certification and the last known fire department or other employing
10-23 entity employing the regulated person according to the records of
10-24 the commission.
10-25 SECTION 12. Subchapter B, Chapter 419, Government Code, is
10-26 amended by adding Section 419.0351 to read as follows:
10-27 Sec. 419.0351. RECOGNITION OF PRIOR CERTIFICATIONS. (a)
11-1 Notwithstanding Sections 419.032(a) and (b), the commission, on
11-2 application, shall certify a person as fire protection personnel
11-3 under this subchapter if:
11-4 (1) the person received an advanced certificate from
11-5 the State Firemen's and Fire Marshals' Association of Texas, and
11-6 the commission determines that the standards under which the person
11-7 received the advanced certificate are at least as stringent as the
11-8 applicable standards in effect for that certificate on January 1,
11-9 1995; and
11-10 (2) the person successfully completes the fire
11-11 protection personnel certification examination on the first or
11-12 second attempt.
11-13 (b) A person who is certified as fire protection personnel
11-14 under this section meets the certification requirements of this
11-15 subchapter for appointment or employment as fire protection
11-16 personnel.
11-17 SECTION 13. Subchapter B, Chapter 419, Government Code, is
11-18 amended by adding Section 419.0355 to read as follows:
11-19 Sec. 419.0355. CURRENT EMPLOYMENT AS A FIRE FIGHTER NOT A
11-20 PREREQUISITE TO CERTIFICATION. (a) A person may become certified
11-21 and may continue to hold a certificate under this subchapter
11-22 without regard to whether the person is employed by a local
11-23 government.
11-24 (b) A person who is not employed by a local government who
11-25 holds the appropriate certificate for purposes of this subchapter
11-26 meets the certification requirements of this subchapter for
11-27 appointment or employment.
12-1 SECTION 14. Section 419.056, Government Code, is amended by
12-2 omitting Subsection (d) and relettering Subsection (e) as (d) to
12-3 read as follows:
12-4 (d) <Out of money appropriated for the implementation of
12-5 this subchapter, the commission may pay the certification fees of
12-6 volunteer fire fighters who choose to be certified by the
12-7 commission under Subchapter D.>
12-8 <(e)> Except for money that is spent for administrative
12-9 costs under this subchapter, the commission each fiscal year shall
12-10 direct one-half of the money it spends that is appropriated for the
12-11 implementation of this subchapter to municipal fire departments and
12-12 one-half of that money to fire-fighting entities located in rural
12-13 and unincorporated areas.
12-14 SECTION 15. Section 419.071, Government Code, is amended to
12-15 read as follows:
12-16 Sec. 419.071. VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER
12-17 <FIRE FIGHTERS AND> FIRE DEPARTMENTS. (a) The commission may
12-18 <shall> develop a voluntary certification program for <volunteer
12-19 fire fighters and> volunteer fire departments. Components of the
12-20 program developed by the commission shall include <voluntary
12-21 certification of volunteer fire fighters,> voluntary certification
12-22 of facilities that train volunteer fire fighters<,> and voluntary
12-23 inspection and certification of protective clothing and
12-24 self-contained breathing apparatus of volunteer fire departments.
12-25 A volunteer fire department or training facility <fighter or other
12-26 entity> that chooses to become certified under a component of the
12-27 commission's certification program under this subchapter is subject
13-1 to commission rules that relate to that component.
13-2 (b) <The commission shall contract with a statewide
13-3 organization whose members include both volunteer and paid fire
13-4 fighters to administer and implement the program. The commission
13-5 in the contract shall reserve the right to evaluate the
13-6 administration and implementation of the program under the contract
13-7 and the right to observe and to require information from the other
13-8 party to the contract so that the commission may perform a
13-9 meaningful evaluation.>
13-10 <(c)> A volunteer fire fighter, volunteer fire department,
13-11 or facility that provides training to volunteer fire fighters is
13-12 not required to participate in any component of the commission's
13-13 program under this chapter. A volunteer fire fighter, volunteer
13-14 fire department, or facility that provides training to volunteer
13-15 fire fighters may on request participate in one or more components
13-16 of the program under this subchapter as appropriate.
13-17 (c) The commission may not impose training or certification
13-18 requirements on members of a volunteer fire department that chooses
13-19 to become certified under this subchapter that are more stringent
13-20 than those required to hold an advanced certificate from the State
13-21 Firemen's and Fire Marshals' Association of Texas on January 1,
13-22 1995.
13-23 (d) The program may <shall> make available to members of
13-24 volunteer fire departments <fighters> the same level of training
13-25 that is made available to paid fire protection personnel and
13-26 recruits through the commission's basic certification program under
13-27 Subchapter B, but in a way that takes into account the
14-1 circumstances of members of volunteer fire departments <fighters>.
14-2 <(e) The commission by rule may:>
14-3 <(1) establish qualifications relating to minimum age,
14-4 education, and physical and mental condition required for
14-5 certification under this subchapter;>
14-6 <(2) establish standards relating to training programs
14-7 and to continuing education under this subchapter;>
14-8 <(3) establish the training components required for
14-9 certification under this subchapter;>
14-10 <(4) establish testing procedures for certification
14-11 candidates and procedures to test the satisfactory completion of
14-12 training components; and>
14-13 <(5) recognize other training for credit towards
14-14 certification under this chapter.>
14-15 <(f) Qualifications established for persons under this
14-16 section may only be qualifications for certification and may not be
14-17 qualifications for entering a certification program.>
14-18 SECTION 16. Section 419.075, Government Code, is amended to
14-19 read as follows:
14-20 Sec. 419.075. BECOMING CERTIFIED UNDER SUBCHAPTER B. A
14-21 volunteer fire fighter <who is certified by the commission under
14-22 this subchapter> is eligible to be certified to be fire protection
14-23 personnel under Subchapter B if the volunteer fire fighter meets
14-24 all of the requirements for certification under Subchapter B
14-25 <person successfully completes the fire protection personnel
14-26 examination administered under Subchapter B on the first or second
14-27 attempt. A volunteer fire fighter who is certified by the
15-1 commission under this subchapter and who does not successfully
15-2 complete the fire protection personnel examination administered
15-3 under Subchapter B on the first or second attempt is eligible to be
15-4 certified to be fire protection personnel under Subchapter B only
15-5 after completing a commission-approved certification program under
15-6 Subchapter B and subsequent successful completion of the fire
15-7 protection personnel examination administered under Subchapter B>.
15-8 SECTION 17. Subchapter Z, Chapter 419, Government Code, is
15-9 amended by adding Section 419.9025 to read as follows:
15-10 Sec. 419.9025. COORDINATION WITH TEXAS DEPARTMENT OF PUBLIC
15-11 SAFETY. The commission and the director of the Texas Department of
15-12 Public Safety shall enter into a memorandum of understanding to
15-13 coordinate responsibilities for emergency management. The
15-14 commission and the director shall review and update the memorandum
15-15 of understanding not later than the last month of each state fiscal
15-16 year.
15-17 SECTION 18. Section 417.002, Government Code, is amended to
15-18 read as follows:
15-19 Sec. 417.002. APPOINTMENT AND TENURE. The state fire
15-20 marshal is appointed by the presiding officer <executive director>
15-21 of the commission subject to approval by the commission. The state
15-22 fire marshal serves at the pleasure of the commission and may be
15-23 discharged at any time. <The commission shall require the state
15-24 fire marshal to report to the commission through the executive
15-25 director.>
15-26 SECTION 19. Section 417.0041(b), Government Code, is amended
15-27 to read as follows:
16-1 (b) Each council periodically shall review commission rules
16-2 implementing the article under which the council was established
16-3 and recommend changes in the rules to the commission.
16-4 Notwithstanding Section 2001.031(c)<5(f), Administrative Procedure
16-5 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
16-6 Statutes)>, the commission shall submit all changes and additions
16-7 to rules that implement the article under which an advisory council
16-8 was established to that council for development. If the commission
16-9 does not approve a rule developed by the council, the commission
16-10 shall indicate to the council the reasons that the commission did
16-11 not approve the rule and return the rule to the council for further
16-12 development.
16-13 SECTION 20. Section 417.008(e), Government Code, is amended
16-14 to read as follows:
16-15 (e) The commissioners court of a county may request the
16-16 <The> commission to <may> adopt by rule any appropriate standard
16-17 developed by a nationally recognized standards-making association
16-18 under which the state fire marshal may enforce this section in the
16-19 county requesting the rule, except that standards adopted by rule
16-20 under this subsection do not apply in a geographic area under the
16-21 jurisdiction of a municipality <local government that has adopted
16-22 fire protection ordinances that apply in the geographic area>.
16-23 SECTION 21. Section 419.074, Government Code, is repealed.
16-24 SECTION 22. (a) This Act takes effect September 1, 1995.
16-25 (b) The changes in law made by this Act relating to the
16-26 powers and duties of the Texas Commission on Fire Protection apply
16-27 only to powers and duties carried out on or after September 1,
17-1 1995. The powers and duties carried out by the Texas Commission on
17-2 Fire Protection before that date are governed by the law in effect
17-3 when that power or duty was carried out, and the prior law is
17-4 continued in effect for this purpose.
17-5 (c) The changes in law made by this Act relating to
17-6 certification requirements, training programs and fees, and fire
17-7 department inspections apply only to certifications, training, and
17-8 inspections conducted and fees charged on or after September 1,
17-9 1995.
17-10 (d) The changes in law made by this Act to the
17-11 qualifications of the three commissioners of the Texas Commission
17-12 on Fire Protection under Section 419.004(a)(1), Government Code, do
17-13 not affect the entitlement of members who are serving immediately
17-14 before September 1, 1995, to continue to hold office until their
17-15 respective terms expire. As the terms of those three commissioners
17-16 expire, on or after September 1, 1995, the governor shall appoint
17-17 the new commissioners of the Texas Commission on Fire Protection to
17-18 achieve the membership plan prescribed by Section 419.004(a)(1),
17-19 Government Code, as amended by this Act.
17-20 SECTION 23. The importance of this legislation and the
17-21 crowded condition of the calendars in both houses create an
17-22 emergency and an imperative public necessity that the
17-23 constitutional rule requiring bills to be read on three several
17-24 days in each house be suspended, and this rule is hereby suspended.