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                               * * * * *