JH C.S.S.B. 371 75(R) BILL ANALYSIS URBAN AFFAIRS C.S.S.B. 371 By: Armbrister (Telford) 5-16-97 Committee Report (Substituted) BACKGROUND The Texas Commission on Fire Protection (TCFP) was created in 1991 by the 72nd Legislature. TCFP is responsible for the regulation of paid local fire protection personnel and local fire departments; establishing minimum educational training and physical standards for employment as fire protection personnel; performing fire and arson investigations, and licensing and regulating companies which service and sell fire extinguishers, fire alarm systems, automatic fire sprinkler systems, and fireworks in Texas. TCFP carries out its programs and functions through staff located in Austin, Duncanville, Lubbock, Tyler, Corpus Christi, and Conroe. To carry out these programs, TCFP had a budget of $6,730,526 and 135 employees for fiscal year 1996. TCFP is subject to the Sunset Act and will be abolished September 1, 1997 unless continued by the Legislature. As a result of its review of TCFP, the Sunset Advisory Commission recommended continuation and several statutory modifications that are contained in this legislation. PURPOSE The purpose of this bill is to continue the Texas Commission on Fire Protection for a 12-year period and make statutory modifications recommended by the Sunset Advisory Commission. The modifications proposed by this bill: -improve the commission's rulemaking authority by giving the commission authority to adopt rules and change advisory committee member selection; -reorganize the composition of the commission and add public members to the commission; -require the commission to develop rules establishing criteria to be used in the evaluation of applications of grants and loans; -direct the commission and Texas Department of Insurance to adopt a memorandum of understanding related to fire suppression ratings schedule; -reduce duplication by having one certification program for both paid and volunteer fire fighters; -consolidate the fire protection personnel and the volunteer fire fighter advisory committees into a single fire service advisory committee; and, -provide for other changes. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to TCFP in the following sections: SECTION 1.05 - Section 419.0082, Government Code, SECTION 1.09 Section 419.053, SECTION 2.02 - Section 419.0225, SECTION 2.04 - Section 419.0341, SECTION 2.07 - Section 419.073, SECTION 3.03 - Section 8A, Article 5.43-1, Insurance Code, SECTION 3.06- Section 1, Article 5.43-2, Insurance Code, SECTION 3.11 - Section 6, Article 5.43-2, SECTION 3.12 - Section 6A, Article 5.43-2, SECTION 3.15 - Section 7A, Article 5.433, SECTION 3.16 - Section 9 and 16A, Article 5.43-4. In addition, under the general rulemaking authority already granted to the policymaking body, rules may be developed to implement other new provisions found in this bill. SECTION BY SECTION ANALYSIS ARTICLE I: OPERATIONS OF THE COMMISSION SECTION 1.01 Amends Section 419.003, Government Code. Updates TCFP's Sunset date to September 1, 2009, which provides for the usual 12-year review. SECTION 1.02. Amends Section 419.004 by amending (a) and adding (e). (a) Reorganizes the commission composition to include two chief officers with minimum rank equivalent to the position immediately below that of fire chief, two fire protection personnel with the rank of battalion chief or below, and two members who are volunteer fire fighters or volunteer fire chiefs. Allows the Texas Fire Chiefs Association, the Texas State Association of Fire Fighters, and the State Firemen's and Fire Marshal's Association of Texas to each submit a list of five names to the governor from which a selection may be made. Requires one of the twelve seats to be filled by either a certified fire protection inspector or certified arson investigator. Adds three public members to the commission. (e) Adds standard language developed by the Sunset Commission. Prohibits appointment as a public member if the person or the person's spouse is a licensee, conducts business with the agency, or otherwise has financial ties to the regulated industry. Prohibits a public member from being a member of a paid or volunteer fire department. SECTION 1.03. Amends Section 419.005(c). Updates standard language developed by the Sunset Commission by requiring the presiding officer to notify the attorney general of potential grounds for removal of a commission member. Requires the executive director to notify the next highest ranking officer, who must notify the governor and the attorney general, if grounds for removal involve the presiding officer. SECTION 1.04. Adds Section 419.0071(a)-(c). Adds standard language developed by the Sunset Commission. Requires a person appointed to the commission to complete training to be eligible to take office. SECTION 1.05. Adds Section 419.0082(a)-(c). Requires the commission to seek the input of the appropriate advisory body when adopting or amending a rule related to the internal management, control, and administration of the commission's powers and duties. Allows the appropriate advisory body to review and comment on any proposed rule, including an amendment to a rule, before the rule is adopted. Requires the commission to wait to adopt a rule, or proposed amendment to a rule, until the commission meeting after the rule is proposed. States that this section does not apply to an emergency rule adopted under Section 2001.034. SECTION 1.06. Amends Section 419.009(d)-(g). (d) Updates standard language developed by the Sunset Commission requiring the executive director or a designee to develop an intra-agency career ladder program that addresses mobility and advancement opportunities for employees within the commission and requires intraagency postings of job openings concurrently with any public posting. (e) Updates standard language developed by the Sunset Commission requiring the executive director or a designee to develop a system of annual performance evaluations based on documented employee performance upon which merit salary increases must be based. (f) and (g) Updates standard language developed by the Sunset Commission requiring the executive director or a designee to develop an equal employment policy that is annually updated, reviewed by the Texas Commission on Human Rights, and filed with the Governor's Office. SECTION 1.07. Adds Section 419.0091. Authorizes the commission to employ an attorney as general counsel but prohibits the employment of more than two other attorneys. SECTION 1.08. Amends Sections 419.010 and 419.011. Section 419.010. Updates standard language developed by the Sunset Commission requiring the commission to prepare an annual financial report that meets the reporting requirements in the General Appropriations Act. Section 419.011(a)-(d). (a)-(c) Updates standard language developed by the Sunset Commission requiring the commission to maintain files on written complaints that TCFP has the authority to resolve and to notify the parties regarding the status of the complaint quarterly until disposition. Requires the commission to collect and maintain information about all written complaints filed with TCFP. (d) Updates standard language developed by the Sunset Commission that requires the commission to comply with state and federal program and facility accessibility laws and to develop a plan that describes how non-English speaking persons can be provided reasonable access to TCFP's programs. SECTION 1.09. Amends Section 419.053(a)-(b). Requires that rules adopted for the administration of the commission include establishing criteria, assisted by staff, to evaluate the applications for grants and loans. Reletters subsections. SECTION 1.10. Amends Section 419.054(a), (c), and (d). (a) Restricts the term length of a funds allocation advisory committee member to one year and states that members of the committee are subject to removal by the commission. Requires vacancies on the committee, caused by removal by the commission, be filled by the authority that appointed that member. (c) Deletes language requiring the commission to submit all proposed changes and additions to rules concerning the funds allocation program to the advisory committee for development and return an unapproved rule to the committee for further development. (d) Requires the funds allocation advisory committee to provide the commission a complete list of applicants and reasons for approval or disapproval. SECTION 1.11. Amends Section 419.063(a)-(c). Prohibits use of financial assistance funds for fire departments for the administrative expenses of the commission or the funds allocation advisory committee. Also makes technical changes. SECTION 1.12. Amends Section 419.08 by adding (f). Prohibits local governments from using privately contracted fire departments without the approval of the voters if the local governments, using a fire department and fire protection personnel, provided fire protection as of May 31, 1997. SECTION 1.13. Amends Section 419.901(a)-(b). Requires the commission and the Texas Department of Insurance to adopt a memorandum of understanding related to the department's fire suppression schedule. Allows the commission to provide technical assistance to paid and volunteer fire departments and local governments regarding use of the fire suppression rating schedule. Reletters subsections. SECTION 1.14. Amends Sections 419.902 and 419.903. Removes language requiring the commission and the directors of the Texas Engineering Extension Service and the Texas Forest Service to review and update the memorandum of understanding the last month of every fiscal year. SECTION 1.15. Repeals Section 417.0041 requiring the fire alarm and detection devices, fire extinguisher, fire sprinkler, and fireworks councils to review commission rules relating to each industry and recommend changes to the commission. Also repeals language requiring the commission to submit all proposed changes and additions to rules concerning each program to the advisory councils for development and return an unapproved rule to the councils for further development. SECTION 1.16. Specifies that changes to the commission members' qualifications apply only to members appointed on or after September 1, 1997. Specifies that changes to the commission member qualifications do not prevent a person from being reappointed to the commission if that person meets the qualifications to serve at the time of appointment. Requires the governor to make appointments to the commission as terms expire and vacancies occur according to the membership plan laid out in Section 419.004, as amended by this Act. ARTICLE II: CERTIFICATION AND LICENSING FUNCTIONS OF THE COMMISSION SECTION 2.01. Amends Section 419.021. Removes all references and language related to "fully paid" fire protection personnel to comply with the single fire fighter certification program. Defines a fire department as a department of local government staffed by full-time employees of the local government. Defines aircraft crash and rescue fire protection personnel as fire protection personnel. Technical changes. Renumbers and reletters subsections. SECTION 2.02. Adds Section 419.0225(a)-(b). Adds standard language developed by the Sunset Commission. Prevents the commission from adopting rules that restrict competitive bidding or advertising except to prohibit false, misleading or deceptive practices of fire protection personnel and instructors. SECTION 2.03. Amends Section 419.023(a)-(e). Creates a nine-member fire fighter advisory committee to assist the commission in regulating all fire protection personnel. Requires the committee to be composed of six persons who are fire protection personnel and three certified instructors of fire protection personnel. Specifies one member must be a volunteer fire fighter or fire chief. Requires the committee to review the commission's rules related to other fire fighters and fire fighting organizations subject to regulation. Removes language requiring the commission to submit all proposed changes and additions to rules concerning fire protection personnel and fire departments to the advisory committee for development and return an unapproved rule to the committee for further development. Reletters subsection. SECTION 2.04. Adds Section 419.0341(a)-(h). Allows fire protection personnel to hold and renew their certificates without being employed by a local authority or fire department. Adds modified standard language developed by the Sunset Commission that establishes a method for license renewal and a time-frame and penalty structure for delinquent renewals. Requires the commission, after notice that a person is no longer employed by a local authority or fire department, to send written notice of the certificate's expiration to the last known address. Requires the commission to establish rules outlining the procedure to recertify persons whose paid certification has lapsed due to clerical error or termination and later restoration of employment. SECTION 2.05. Adds Section 419.0365. Adds standard language developed by the Sunset Commission. Entitles certificate holders to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their certificate. SECTION 2.06. Adds Section 419.043. Prohibits a municipality with a population of at least 1,500,000 people from allowing or requiring fire fighters to perform fire suppression or emergency services within the municipality unless they have received state certification training from the municipality's fire department in a municipality-owned and operated training facility. SECTION 2.07. Amends Sections 419.071, 419.072, and 419.073. Section 419.071(a)-(d). (a) Requires the voluntary certification program to include the same components of the certification program outlined in Subchapter B for paid fire fighters. Specifies that the voluntary certification program may consider the different circumstances of volunteer fire fighters in establishing deadlines for completing the requirements of the program. (b) Specifies that a voluntary certificate is the equivalent of a paid fire fighter certificate, subject to the same issuance and renewal requirements and disciplinary and regulatory actions. Removes language specifying the components of the former voluntary certification program. Removes language requiring the commission to contract with a statewide organization to administer the volunteer fire fighter program. (c) Allows, but does not require, a volunteer fire department to pay the certification fee for a volunteer fire fighter. (d) Requires the commission to send written notice of the volunteer certificate's expiration at least 30 days before expiration. Removes language requiring the commission to make available the same level of training to volunteer fire fighters as paid fire fighters. Removes language specifying the rulemaking guidelines for the commission relating to volunteer fire fighters. Removes language stating that the qualifications established are for volunteer certification and are not qualifications for entering a volunteer certification program. Section 419.072(a)-(b). Removes language establishing the Volunteer Fire Fighter Advisory Committee. Removes language requiring the commission to set a certification fee and recognize certification by the State Firemen's and Fire Marshal's Association of Texas. Allows a fire department to appoint as a fire protection personnel a volunteer or former volunteer fire fighter who is certified by the commission. Recognizes that appointment by a fire department makes the person a certified fire protection personnel. Removes language requiring volunteer fire fighters to take the fire protection personnel examination to be certified as fire protection personnel. Specifies that the definition of fire department is the same for both paid and volunteer fire fighters. Section 419.073(a)-(g). Allows a volunteer fire fighter to continue to hold and renew a certificate without regard to their affiliation with a volunteer fire department. Adds standard language developed by the Sunset Commission. Establishes a method for license renewal and a time-frame and penalty structure for delinquent renewals. Requires the commission to establish rules outlining the procedure to recertify persons whose paid certification has lapsed due to clerical error or termination and later restoration of employment. SECTION 2.08. Adds Section 411.1236(a)-(d). Eliminates the requirement that the Texas Commission on Fire Protection perform its own background checks on persons seeking certification or renewal that have had a criminal background check 90 days before applying. Allows the commission to use background checks that have been completed by other agencies within the past 90 days. Allows the commission to disclose the fact that certification was denied because of the criminal history check to the applicant, the local authority, fire department or volunteer fire department. Prohibits the commission from revealing the content of the criminal history record to the local authority, fire department, or volunteer fire department. SECTION 2.09. Technical change renaming Subchapter B, Chapter 419, Government Code as "Regulating and Assisting Fire Fighters and Fire Departments." SECTION 2.10. Specifies that the Fire Protection Personnel Advisory Committee is abolished. Requires the commission to establish and make appointments to the new Fire Fighter Advisory Committee created by this Act. SECTION 2.11. Abolishes the Volunteer Fire Fighter Advisory Committee. SECTION 2.12. Specifies that changes in the law on hearings related to certificates for fire protection personnel apply only to disciplinary proceedings started on or after the effective date of the Act. Specifies that a disciplinary proceeding started before the effective date is governed by the law in effect immediately before the effective date of this Act. ARTICLE III: CERTAIN REGULATORY FUNCTIONS SECTION 3.01. Adds Section 3(h), Article 5.43-1, Insurance Code. Specifies that the "commission" means the Texas Commission on Fire Protection. SECTION 3.02. Amends Section 7(b), Article 5.43-1. Allows the commission, through the state fire marshal, to take administrative action against licenses, permits, and certificates related to fire extinguishers. Removes language that authorized the State Board of Insurance to take administrative action against regulated fire extinguisher licenses, permits, and certificates. SECTION 3.03. Adds Section 8A(a)-(b), Article 5.43-1. Adds standard language developed by the Sunset Commission. Prevents the commission from adopting rules that restrict competitive bidding or advertising except to prohibit false, misleading or deceptive practices related to fire extinguishers SECTION 3.04. Amends Section 9(a)-(b), Article 5.43-1. Makes technical changes renaming the subsection as the "Fire Extinguisher Advisory Council" and replacing "State Board of Insurance" with "commission". Requires the advisory council to periodically review rules and recommend changes to the commission related to the regulation of the fire extinguisher industry. SECTION 3.05. Adds Section 13. Adds standard language developed by the Sunset Commission. Entitles fire extinguisher licensees to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their license. SECTION 3.06. Amends Section 1, Article 5.43-2. Specifies the purpose of the article is to regulate fire detection and fire alarm systems, provided by the rules adopted by the commission, not labeled or listed by a nationally recognized testing laboratory. SECTION 3.07. Adds Section 2(17), Article 5.43-2. Specifies that the "commission" means the Texas Commission on Fire Protection. SECTION 3.08. Amends Section 5(a)-(b) and (f), Article 5.43-2. (a)-(b) Reduces the renewal fee for single station fire alarm devices from $500 to $250. Requires a registered person or firm dealing with monitoring devices to have at least one fire alarm technician, residential fire alarm superintendent, or fire alarm planning superintendent. Allows, but does not require, a registered person or firm engaged in the business of planning, certifying, etc. single station monitoring devices to apply for or obtain a branch office registration certificate for a separate office or location of the registered firm. (f) Specifies that a licensee must be an employee or agent of an organization that holds a valid certificate of registration to engage in the activity the license regulates. SECTION 3.09. Amends Section 5C(a), Article 5.43-2. Allows a fire alarm licensee to renew an unexpired license even though the licensee is not employed by a registered firm. Prohibits the licensee from engaging in any activity until employed and qualified by a registered firm. SECTION 3.10. Amends Section 5D(a)-(e), Article 5.43-2. (a) Requires each fire alarm applicant to pass a written examination conducted by the state fire marshal. Requires the exams to cover the laws, rules, and specific categories of licensure for fire alarms and fire detection devices. (b)-(e) Creates licensure program for fire alarm training schools and instructors. Outlines the process by which a training school related to fire alarms and fire detection devices must apply to the state fire marshal for approval. Specifies that the fee to obtain and renew the annual license shall not exceed $500. Specifies instructors in the training schools must be approved by the state fire marshal. Requires instructors to have a minimum of three years experience in fire alarm installation, service, or monitoring and a valid fire alarm planning superintendent license. Specifies that the fee to obtain and renew the annual fee shall not exceed $500. Requires the training curriculum to include 16 hours of classroom instruction. Requires schools to conduct two or more classes, open to the public, each year within 125 miles of each county that has a population in excess of 500,000 people. SECTION 3.11. Amends Section 6(a)-(d), Article 5.43-2. (a) Authorizes the commission to adopt rules for the licensure and regulation of fire detection and fire alarm devices and systems. Requires the rules to establish training and qualification standards for each certificate of registration. Removes old language outlining the powers of the board in statute. (b) Requires the commission to adopt standards for fire alarm devices, equipment, or systems regulated by the commission. (c) Requires the fire alarm advisory council to periodically review rules and recommend changes to the commission related to the regulation of the fire detection devices and alarms. (d) Specifies that the advisory council for fire alarms and fire detection devices, appointed by the commission, is composed of seven individuals involved in areas related to the sale, installation, maintenance, and manufacturing of fire alarms; fire prevention services; and the operation of a fire alarm monitoring station. SECTION 3.12. Adds Sections 6A and 10A, Article 5.43-2. Section 6A(a)-(b). Adds standard language developed by the Sunset Commission. Prevents the commission from adopting rules that restrict competitive bidding or advertising except to prohibit false, misleading or deceptive practices related to fire alarms. Section 10A. Adds standard language developed by the Sunset Commission. Entitles fire alarm licensees to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their license. SECTION 3.13. Adds Section 1(15), Article 5.43-3. Specifies that the "commission" means the Texas Commission on Fire Protection. SECTION 3.14. Amends Section 6(a)-(e), Article 5.43-3. Places a volunteer fire fighter on the Fire Protection Advisory Council (sprinklers). Makes conforming changes replacing "board" with "commission". Requires the fire protection (sprinkler) advisory council to periodically review rules and recommend changes to the commission related to the regulation of the fire protection (sprinkler) industry. Allows the State Firemen's and Fire Marshal's Association of Texas to recommend a volunteer fire fighter for the advisory council, on request by the Commission. SECTION 3.15. Adds Sections 7A and 9A, Article 5.43-3. Section 7A(a)-(b). Adds standard language developed by the Sunset Commission. Prevents the commission from adopting rules that restrict competitive bidding or advertising except to prohibit false, misleading or deceptive practices related to fire sprinklers. Section 9A. Adds standard language developed by the Sunset Commission. Entitles fire sprinkler licensees to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their license. SECTION 3.16. Amends Article 5.43-4. Section 1(1)-(20). (1) No changes. (2) Renames Class B fireworks as "Fireworks 1.3G" as defined by the U.S. Department of Transportation. (3) Renames and modifies definition of Class C fireworks as "Fireworks 1.4G" as defined by the U.S. Department of Transportation statute. (4) No changes. (5) Modifies definition of "Distributor" as a person or entity that imports fireworks into this state or sells to public display or multiple public display or other permittees. (6) Modifies definition of "Fireworks" as any composition or device designed for entertainment that produces an audible or visible effect by combustion. (7)-(8) No changes. (9) Defines "Indoor or Proximate Display" as a pyrotechnic display involving Fireworks 1.3G and 1.4G for public amusement where the audience is closer than permitted by national standards, but does not include the use of Fireworks 1.4G for private or personal amusement. Removes the definition of "importer". (10)-(12) No changes. (13)-(14) Makes conforming changes. (15)-(18) No changes. (19) Defines "Pyrotechnic special effects operator" as an individual who assembles, discharges, and supervises proximate displays of Fireworks 1.3G and 1.4G fireworks. (20) Specifies that the "commission" means the Texas Commission on Fire Protection. Section 2. Makes conforming change. Section 3. No changes. Section 4. Exempts toy pistols, canes, guns, or other devices that use paper or plastic cups in sheets, strips, rolls, or individual caps that contain less than 25 hundredths of a grain of explosive composition from regulation under the fireworks statute. Section 5. Prohibits the commission from making rules more restrictive than those rules in effect on September 1, 1998 instead of January 1, 1998. Makes conforming changes. Section 5A. No changes. Section 5B(a)-(b). Requires the Fireworks advisory council to review commission rules relating to the program and recommend changes to the commission. Requires the commission to submit all proposed changes and additions to rules concerning the fireworks program to the council for development and return an unapproved rule to the council for further development. Makes conforming change. Section 6(a)-(g). (a)-(b) Makes conforming changes. (c) Requires persons who import into this state or store, possess, or sell Fireworks 1.3G and Fireworks 1.4G to pyrotechnic operators, distributors, and other permittees to have a distributor's license. Makes conforming change. (d) Requires persons who store, possess or sell Fireworks 1.4G only to retailers to have a jobber's license. Makes conforming change. (e) Removes language related to an importer's license. Makes conforming changes. (f) Requires persons that assemble, conduct, and supervise proximate displays using Fireworks 1.3G and Fireworks 1.4G to have a pyrotechnic special effects operator's license. Sets the annual fee at not to exceed $100 and requires the applicant to take an exam for a fee not to exceed $30. Specifies that a fee of not more than $20 will be charged for each reexamination. (g) Makes conforming change. Section 7(a)-(b). Makes conforming change. Section 8(a)-(c). Makes conforming change. Section 9(a)-(d). (a) Makes conforming changes. (b) Authorizes the commission to issue a multiple display permit to a person or organization who conducts multiple fireworks displays at one location. Sets the annual permit fee at not to exceed $400. Specifies that a multiple display permittee is not required to have a singular public display permit. Specifies that the permit is not renewable and allows the state fire marshal to inspect the location of the display and require appropriate fire protection measures. (c) Requires the commission to adopt the NFPA provisions governing public displays as rules. (d) Requires the commission to adopt the NFPA provisions governing indoor displays as rules. Section 10. Makes conforming change. Section 11-12. No changes. Section 13-14. Makes conforming changes. Section 15(a)-(b). Requires an applicant for a public display permit to obtain an insurance policy of not less than $500,000. Makes conforming changes. Section 16(a)-(c). Makes conforming changes. Section 16A(a)-(b). Adds standard language developed by the Sunset Commission. Prevents the commission from adopting rules that restrict competitive bidding or advertising except to prohibit false, misleading or deceptive practices related to fireworks. Section 17(a)-(h). Prohibits fireworks within the state from being sold at retail unless they conform to national standards. Removes language requiring that identification be printed on all shipping cases, fireworks devices, and retail containers. Prohibits a person from exploding fireworks within 600 feet of a church, hospital, asylum, licensed day care center or school unless they receive authorization in writing from that organization. Prohibits a person from conducting a proximate display of fireworks with Fireworks 1.3G and 1.4G unless licensed as a pyrotechnic special effects operator. Makes conforming changes. Section 18(a)-(d). Specifies that the commission may take administrative action against a fireworks license or permit. Further specifies that the commission may take administrative action against a fireworks license or permit, if the commission, after notice and hearing, has found that any rule has been violated. Makes conforming changes. Section 18A. Adds standard language developed by the Sunset Commission. Entitles fireworks licensees to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their license. Section 19(a)-(f). Makes conforming changes. Section 20. No changes. SECTION 3.17. Repealers. Section 2(3), Article 5.43-2, Insurance Code. Repeals old qualifications for appointment to the advisory council for fire detection devices and alarms. Section 1(4), Article 5.43-3, Insurance Code. Repeals the definition of advisory council for fire sprinkler systems. SECTION 3.18. Specifies that changes in the law on hearings related to fire detection and alarm systems and devices, fire sprinklers, fireworks, and fire extinguishers apply only to disciplinary proceedings started on or after the effective date of the Act. Specifies that a disciplinary proceeding started before the effective date is governed by the law in effect immediately before the effective date of this Act. ARTICLE IV: DIVISION OF EMERGENCY MANAGEMENT SECTION 4.01. Adds Section 418.110. Requires the division, in consultation with the commission, to establish a statewide mutual aid program for fire emergencies. ARTICLE V: EFFECTIVE DATE AND EMERGENCY SECTION 5.01. Establishes the effective date of the Act as September 1, 1997. SECTION 5.02. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The major points of difference between SB 371, as engrossed, and the House committee substitute are: 1. Returns the office of the State Fire Marshal, the Commission's education and information division, the Texas Fire Incident Reporting System (TEXFIRS), the authority for providing technical assistance to rural fire prevention districts, and the responsibility for administering the Fire Alarm, Sprinkler, Extinguisher, and Fireworks statutes to the Commission on Fire Protection. 2. Removes language in the engrossed SB 371 granting the Commissioner of Insurance full discretion to adopt standards applicable to fire alarm equipment and devices without regard to whether a monitoring station is approved or listed by a nationally recognized testing laboratory. 3. Allows licensed fire alarm technicians, residential fire alarm superintendents and fire alarm planning superintendents to renew their license even if they are not employed. 4. No local government providing fire protection with paid fire protection personnel may privatize its fire protection unless the change is approved by a majority of the voters in an election. 5. Updates Texas' statute to bring definitions into compliance with changes in federal definitions and regulations. 6. Increases from 1 million to 1.5 million the population of a municipality that may only employ fire protection personnel if the fire protection personnel received their state certification training in a training facility owned and operated by the municipality. 7. Removes the prohibition on a person from serving on the commission if the person's spouse is a member of a paid or volunteer fire department. 8. Clarifies the commission's responsibilities in developing a statewide mutual aid plan. 9. Allows training schools to offer courses to individuals who wish to be licensed as a fire alarm technician, residential fire alarm superintendent, or fire alarm planning superintendent. 10. Removes the provision in the bill that "sweeps" the terms of the current members of the commission. 11. Specifies that the commission may employ no more than two attorneys under the direction of the general counsel. Removes language that moved the two attorneys to the attorney general's office.