1-1 By: Armbrister S.B. No. 218
1-2 (In the Senate - Filed January 13, 1995; January 18, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 May 5, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 1; May 5, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 218 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the composition and functions of the Texas Commission
1-11 on Fire Protection.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (c), Section 419.023, Government Code,
1-14 is amended to read as follows:
1-15 (c) The committee periodically shall review commission rules
1-16 relating to fire protection personnel and fire departments and
1-17 recommend changes in the rules to the commission. Notwithstanding
1-18 Section 5(f), Administrative Procedure and Texas Register Act
1-19 (Article 6252-13a, Vernon's Texas Civil Statutes), the commission
1-20 shall submit all proposed changes and additions to the rules that
1-21 relate to fire protection personnel and fire departments to the
1-22 committee for development. During the first meeting at which the
1-23 commission considers any committee recommendations, the commission
1-24 may adopt, reject, or take no action on the recommendations of the
1-25 committee. At any subsequent meeting, the commission may adopt,
1-26 modify and adopt, or reject the recommendations made by the
1-27 committee. If the commission rejects <does not approve> a rule
1-28 developed by the committee, the commission shall indicate to the
1-29 committee the reasons that the commission rejected <did not
1-30 approve> the rule and return the rule to the committee for further
1-31 development.
1-32 SECTION 2. Subsection (c), Section 419.072, Government Code,
1-33 is amended to read as follows:
1-34 (c) The committee shall develop and recommend to the
1-35 commission for approval the rules of the program under this
1-36 subchapter. The committee periodically shall review commission
1-37 rules relating to the commission's program under this subchapter
1-38 and recommend changes in the rules to the commission.
1-39 Notwithstanding Section 5(f), Administrative Procedure and Texas
1-40 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), the
1-41 commission shall submit all proposed rules and all proposed changes
1-42 and additions to the rules that relate to the program under this
1-43 subchapter to the committee for development. During the first
1-44 meeting at which the commission considers any committee
1-45 recommendations, the commission may adopt, reject, or take no
1-46 action on the recommendations of the committee. At any subsequent
1-47 meeting, the commission may adopt, modify and adopt, or reject the
1-48 recommendations made by the committee. If the commission rejects
1-49 <does not approve> a rule developed by the committee, the
1-50 commission shall indicate to the committee the reasons that the
1-51 commission rejected <did not approve> the rule and return the rule
1-52 to the committee for further development.
1-53 SECTION 3. Subsection (b), Section 417.0041, Government
1-54 Code, is amended to read as follows:
1-55 (b) Each council periodically shall review commission rules
1-56 implementing the article under which the council was established
1-57 and recommend changes in the rules to the commission.
1-58 Notwithstanding Section 5(f), Administrative Procedure and Texas
1-59 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), the
1-60 commission shall submit all changes and additions to rules that
1-61 implement the article under which an advisory council was
1-62 established to that council for development. During the first
1-63 meeting at which the commission considers any committee
1-64 recommendations, the commission may adopt, reject, or take no
1-65 action on the recommendations of the committee. At any subsequent
1-66 meeting, the commission may adopt, modify and adopt, or reject the
1-67 recommendations made by the committee. If the commission rejects
1-68 <does not approve> a rule developed by the council, the commission
2-1 shall indicate to the council the reasons that the commission
2-2 rejected <did not approve> the rule and return the rule to the
2-3 council for further development.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.
2-9 * * * * *