By Telford                                      H.B. No. 2111

      75R1799 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the continuation 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                  ARTICLE 1.  OPERATIONS OF THE COMMISSION

 1-6           SECTION 1.01.  Section 419.003, Government Code, is amended

 1-7     to read as follows:

 1-8           Sec. 419.003.  SUNSET PROVISION.   The Texas Commission on

 1-9     Fire Protection is subject to Chapter 325 (Texas Sunset Act).

1-10     Unless continued in existence as provided by that chapter, the

1-11     commission is abolished and this chapter expires September 1, 2009

1-12     [1997].

1-13           SECTION 1.02.  Section 419.004, Government Code, is amended

1-14     by amending Subsection (a) and adding Subsection (e) to read as

1-15     follows:

1-16           (a)  The commission is composed of the following 12 members:

1-17                 (1)  two [three] chief officers with a minimum rank of

1-18     battalion chief employed in fire departments as defined by Section

1-19     419.021 that are under the jurisdiction of the commission, at least

1-20     one [two] of whom must be the head [heads] of a [their] fire

1-21     department [departments], and one of whom must be employed by a

1-22     political subdivision with a population of less than 50,000 and [,]

1-23     one of whom must be employed by a political subdivision with a

1-24     population of at least  50,000 [to 200,000, and one must be

 2-1     employed by a political subdivision with a population of more than

 2-2     200,000];

 2-3                 (2)  two [three] fire protection personnel as defined

 2-4     by Section 419.021 with the rank of captain or below employed in

 2-5     fire departments or other appropriate local authorities under the

 2-6     jurisdiction of the commission, at least one of whom must be

 2-7     actively involved in educating the public on fire prevention as a

 2-8     significant part of the person's duties, and one of whom must be

 2-9     employed by a political subdivision with a population of less than

2-10     50,000 and [,] one of whom must be employed by a political

2-11     subdivision with a population of at least 50,000 [to 200,000, and

2-12     one  must be employed by a political subdivision with a population

2-13     of more than 200,000];

2-14                 (3)  two [three] persons who are volunteer fire chiefs

2-15     or volunteer fire fighters;

2-16                 (4)  one certified fire protection engineer;

2-17                 (5)  one certified arson investigator; [and]

2-18                 (6)  one fire protection instructor from an institution

2-19     of higher education as defined by Section 61.003, Education Code;

2-20     and

2-21                 (7)  three representatives of the general public.

2-22           (e)  A person is not eligible for appointment as a public

2-23     member of the commission if the person or the person's spouse:

2-24                 (1)  is registered, certified, or licensed by the

2-25     commission;

2-26                 (2)  is employed by or participates in the management

2-27     of a business entity or other organization regulated by the

 3-1     commission or receiving funds from the commission;

 3-2                 (3)  owns or controls, directly or indirectly, more

 3-3     than a 10 percent interest in a business entity or other

 3-4     organization regulated by the commission or receiving funds from

 3-5     the commission; or

 3-6                 (4)  uses or receives a substantial amount of tangible

 3-7     goods, services, or funds from the  commission, other than

 3-8     compensation or reimbursement authorized by law for commission

 3-9     membership, attendance, or expenses.

3-10           SECTION 1.03.  Section 419.005(c), Government Code, is

3-11     amended to read as follows:

3-12           (c)  If the executive director has knowledge that a potential

3-13     ground for removal exists, the executive director shall notify the

3-14     presiding officer of the commission of the ground.  The presiding

3-15     officer shall then notify the governor and the attorney general

3-16     that a potential ground for removal exists.  If the potential

3-17     ground for removal involves the presiding officer, the executive

3-18     director shall notify the next highest ranking officer of the

3-19     commission, who shall notify the governor and the attorney general

3-20     that a potential ground for removal exists.

3-21           SECTION 1.04.  Subchapter A, Chapter 419, Government Code, is

3-22     amended by adding Section 419.0071 to read as follows:

3-23           Sec. 419.0071.  COMMISSION MEMBER TRAINING.  (a)  To be

3-24     eligible to take office as a member of the commission, a person

3-25     appointed to the commission must complete at least one course of a

3-26     training program that complies with this section.

3-27           (b)  The training program must provide information to the

 4-1     person regarding:

 4-2                 (1)  the enabling legislation that created the

 4-3     commission;

 4-4                 (2)  the programs operated by the commission;

 4-5                 (3)  the role and functions of the commission;

 4-6                 (4)  the rules of the commission with an emphasis on

 4-7     the rules that relate to disciplinary and investigatory authority;

 4-8                 (5)  the current budget for the commission;

 4-9                 (6)  the results of the most recent formal audit of the

4-10     commission;

4-11                 (7)  the requirements of the:

4-12                       (A)  open meetings law, Chapter 551;

4-13                       (B)  open records law, Chapter 552; and

4-14                       (C)  administrative procedure law, Chapter 2001;

4-15                 (8)  the requirements of the conflict of interest laws

4-16     and other laws relating to public officials; and

4-17                 (9)  any applicable ethics policies adopted by the

4-18     commission or the Texas Ethics Commission.

4-19           (c)  A person appointed to the commission is entitled to

4-20     reimbursement for travel expenses incurred in attending the

4-21     training program, as provided by the General Appropriations Act and

4-22     as if the person were a member of the commission.

4-23           SECTION 1.05.  Sections 419.009(d), (e), (f), and (g) are

4-24     amended to read as follows:

4-25           (d)  The executive director or the executive director's

4-26     designee shall develop an intraagency career ladder program that

4-27     addresses opportunities for mobility and advancement for employees

 5-1     within the commission.  The program shall require intraagency

 5-2     postings of all [nonentry level] positions concurrently with any

 5-3     public posting.

 5-4           (e)  The executive director or the executive director's

 5-5     designee shall develop a system of annual performance evaluations

 5-6     that are based on documented employee performance.  All merit pay

 5-7     for  commission employees must be based on the system established

 5-8     under this subsection.

 5-9           (f)  The executive director or the executive director's

5-10     designee shall prepare and maintain a written policy statement to

5-11     assure implementation of a program of equal employment opportunity

5-12     under which all personnel transactions are made without regard to

5-13     race, color, disability [handicap], sex, religion, age, or national

5-14     origin.  The policy statement must include:

5-15                 (1)  personnel policies, including policies relating to

5-16     recruitment, evaluation, selection, appointment, training, and

5-17     promotion of personnel that are in compliance with the requirements

5-18     of Chapter 21, Labor Code;

5-19                 (2)  a comprehensive analysis of the commission work

5-20     force that meets federal and state guidelines;

5-21                 (3)  procedures by which a determination can be made

5-22     about the extent of underuse [of significant underutilization] in

5-23     the commission work  force of all persons for whom federal or state

5-24     guidelines encourage a more equitable balance; and

5-25                 (4)  reasonable methods to appropriately address those

5-26     areas of underuse [significant underutilization].

5-27           (g)  A policy statement prepared under Subsection (f) must

 6-1     cover an annual period, be updated [at least] annually and reviewed

 6-2     by the Commission on Human Rights for compliance with Subsection

 6-3     (f)(1), and be filed with the governor's office.

 6-4           SECTION 1.06.  Sections 419.010 and 419.011, Government Code,

 6-5     are amended to read as follows:

 6-6           Sec. 419.010.  FISCAL REPORT.   The commission shall prepare

 6-7     [file] annually [with the governor and the presiding officer of

 6-8     each house of the legislature] a complete and detailed written

 6-9     report accounting for all funds received and disbursed by the

6-10     commission during the preceding fiscal year.  The annual report

6-11     must meet the reporting requirements applicable to financial

6-12     reporting provided in [be in the form and reported in the time

6-13     provided by] the  General Appropriations Act.

6-14           Sec. 419.011.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.

6-15     (a)   The commission shall prepare information of public interest

6-16     describing the functions of the commission and the commission's

6-17     procedures by which complaints are filed with and resolved by the

6-18     commission.  The commission shall make the information available to

6-19     the public and appropriate state agencies.

6-20           (b)  The commission shall keep a [an information] file about

6-21     each written complaint filed with the commission that the

6-22     commission has authority to resolve.  The commission shall provide

6-23     to the person filing the complaint and the persons or entities

6-24     complained about the commission's policies and procedures

6-25     pertaining to complaint investigation and resolution. The [If a

6-26     written complaint is filed with the  commission that the commission

6-27     has authority to resolve, the] commission, at least quarterly and

 7-1     until final disposition of the complaint, shall notify the person

 7-2     filing the complaint and the persons or entities complained about

 7-3     [parties to the complaint] of the status of the complaint unless

 7-4     the notice would jeopardize an undercover investigation.

 7-5           (c)  The commission shall keep information about each

 7-6     complaint filed with the commission.  The information shall

 7-7     include:

 7-8                 (1)  the date the complaint is received;

 7-9                 (2)  the name of the complainant;

7-10                 (3)  the subject matter of the complaint;

7-11                 (4)  a record of all persons contacted in relation to

7-12     the complaint;

7-13                 (5)  a summary of the results of the review or

7-14     investigation of the complaint; and

7-15                 (6)  for complaints for which the agency took no

7-16     action, an explanation of the reason the complaint was closed

7-17     without action.

7-18           (d)  The commission shall comply with federal and state laws

7-19     related to program and facility accessibility.  The executive

7-20     director [commission] shall also  prepare and maintain a written

7-21     plan that describes how a person who does not speak English [or who

7-22     has a physical, mental, or developmental disability] can be

7-23     provided reasonable access to the commission's programs.

7-24           SECTION 1.07.  Section 419.901, Government Code, is amended

7-25     to read as follows:

7-26           Sec. 419.901.  FIRE SUPPRESSION RATINGS [KEY RATE] SCHEDULE.

7-27     (a)  [The commission shall review the key rate schedule of the

 8-1     State Board of Insurance at least once every four years.  The

 8-2     commission shall recommend changes that the commission believes

 8-3     should be made in the schedule to the board.]

 8-4           [(b)  The commission shall inspect municipalities, using the

 8-5     key rate schedule, recommend the key rate to the State Board of

 8-6     Insurance for its approval, and report information obtained as a

 8-7     result of the inspection to the board.  If the board does not

 8-8     approve a rate recommended by the commission, the board shall

 8-9     inform the commission of the reason and the commission shall

8-10     recommend another rate.]

8-11           [(c)]  The commission and the Texas Department [State Board]

8-12     of Insurance shall adopt a memorandum of understanding that

8-13     coordinates their respective duties relating to the department's

8-14     fire suppression ratings [key rate] schedule.

8-15           (b)  The commission may provide technical assistance to paid

8-16     fire departments, volunteer fire departments, and local governments

8-17     responding to the use of the fire suppression rating schedule.

8-18           SECTION 1.08.  Subchapter Z, Chapter 419, Government Code, is

8-19     amended by adding Section 419.907 to read as follows:

8-20           Sec. 419.907.  STATEWIDE MUTUAL AID PROGRAM.  The commission,

8-21     in consultation with the division of emergency management of the

8-22     office of the governor, shall develop a statewide mutual aid

8-23     program that specifies how and when the state will provide and

8-24     coordinate emergency assistance to local authorities during a fire

8-25     emergency.

8-26           SECTION 1.09.  (a)  The changes in law made by this Act in

8-27     the qualifications of, and the prohibitions applying to, members of

 9-1     the Texas Commission on Fire Protection do not affect the

 9-2     entitlement of a member serving on the commission immediately

 9-3     before September 1, 1997, to continue to carry out the functions of

 9-4     the commission for the remainder of the member's term.  The changes

 9-5     in law apply only to a member appointed on or after September 1,

 9-6     1997.  This Act does not prohibit a person who is a member of the

 9-7     commission on September 1, 1997, from being reappointed to the

 9-8     commission if the person has the qualifications required for a

 9-9     member under Chapter 419, Government Code, as amended by this Act.

9-10           (b)  The governor shall  make appointments to the commission

9-11     on or after the effective date of this Act as terms of members of

9-12     the commission expire and as vacancies in unexpired terms occur on

9-13     the commission to accomplish, as soon as possible, the membership

9-14     plan for the commission established by Section 419.004, Government

9-15     Code, as amended by this Act.

9-16                            ARTICLE 2. RULEMAKING

9-17           SECTION 2.01.  Subchapter A, Chapter 419, Government Code, is

9-18     amended by adding Section 419.0082 to read as follows:

9-19           Sec. 419.0082.  RULEMAKING.  (a)  In adopting or amending a

9-20     rule under Section 419.008(a) or any other law, the commission

9-21     shall seek the input of the appropriate advisory bodies to the

9-22     commission.  The commission shall permit each appropriate advisory

9-23     body to review and comment on any proposed rule, including a

9-24     proposed amendment to a rule, before the rule is adopted.

9-25           (b)  The commission may not adopt a rule, including an

9-26     amendment to a rule, before the commission meeting held after the

9-27     commission meeting at which the rule is first proposed.

 10-1          (c)  This section does not apply to an emergency rule adopted

 10-2    under Section 2001.034.

 10-3                        ARTICLE 3.  ADVISORY BODIES

 10-4          SECTION 3.01.  Section 419.023, Government Code, is amended

 10-5    to read as follows:

 10-6          Sec. 419.023.  FIRE FIGHTER [PROTECTION PERSONNEL] ADVISORY

 10-7    COMMITTEE.  (a)  The commission shall establish a fire fighter

 10-8    [protection  personnel] advisory committee to assist the commission

 10-9    in matters relating to fire protection personnel, volunteer fire

10-10    fighters, [and] fire departments, and volunteer fire departments.

10-11    The  committee shall be composed of nine members appointed by the

10-12    commission.

10-13          (b)  Three [Six] members of the committee must be fire

10-14    protection personnel or retired fire protection personnel.  Three

10-15    members must be volunteer fire fighters.  The members appointed

10-16    under this subsection must [who] collectively represent various

10-17    areas in the field of fire protection.

10-18          (c)  Three members of the committee must be instructors of

10-19    fire protection personnel or volunteer fire fighters.

10-20          (d)  The State Firemen's and Fire Marshals' Association of

10-21    Texas may, on request by the commission, recommend volunteer fire

10-22    fighters and instructors of volunteer fire fighters for appointment

10-23    to the committee.  The Texas State Association of Fire Fighters

10-24    may, on request by the commission, recommend fire protection

10-25    personnel, retired fire protection personnel, and instructors of

10-26    fire protection personnel for appointment to the committee.

10-27          (e)  A committee member serves at the will of the commission.

 11-1          (f) [(b)]  The committee shall elect a member of the

 11-2    committee as the presiding officer of the committee.  The committee

 11-3    shall meet at least twice each calendar year at the call of the

 11-4    presiding officer or at the call of the commission.

 11-5          (g) [(c)]  The committee periodically shall review commission

 11-6    rules relating to fire protection personnel, [and] fire

 11-7    departments, and other fire fighters and fire fighting

 11-8    organizations that are subject to regulation under this subchapter

 11-9    and recommend changes in the rules to the commission.

11-10    [Notwithstanding Chapter 2001.031, the commission shall submit all

11-11    proposed changes and additions to the rules that relate to fire

11-12    protection personnel and fire departments to the committee for

11-13    development.  If the commission does not approve a rule developed

11-14    by the committee, the commission shall indicate to the committee

11-15    the reasons that the commission did not approve the rule and return

11-16    the rule to the committee for further development.]

11-17          SECTION 3.02.  Sections 419.054(a) and (c), Government Code,

11-18    are amended to read as follows:

11-19          (a)  The funds allocation advisory committee is composed of

11-20    six members appointed by the commission.  The [Three members are

11-21    appointed by the] State Firemen's and Fire Marshals' Association of

11-22    Texas and [.  Three members are appointed by] the Texas State

11-23    Association of Fire Fighters may, on request by the commission,

11-24    recommend  individuals for appointment to the committee.  A

11-25    committee member serves at the will of the commission [authority

11-26    that appointed the  member].

11-27          (c)  The committee shall assist the commission in matters

 12-1    relating to the administration of this subchapter.  The committee

 12-2    periodically shall review commission rules relating to the program

 12-3    and recommend changes in the rules to the commission.

 12-4    [Notwithstanding Chapter 2001.031, the commission shall submit all

 12-5    proposed changes and additions to the rules that relate to the

 12-6    program to the committee for development.  If the commission does

 12-7    not approve a rule developed by the committee, the commission shall

 12-8    indicate to the committee the reasons that the commission did not

 12-9    approve the rule and return the rule to the committee for further

12-10    development.]

12-11          SECTION 3.03.  Section 9, Article 5.43-1, Insurance Code, is

12-12    amended to read as follows:

12-13          Sec. 9.  FIRE EXTINGUISHER ADVISORY COUNCIL [DELEGATION OF

12-14    POWER BY STATE BOARD OF INSURANCE].  (a)  The Texas Commission on

12-15    Fire  Protection [State Board of Insurance] may delegate the

12-16    exercise of all or part of its functions, powers, and duties under

12-17    this article, except for the issuance of licenses, certificates,

12-18    and permits, to a Fire Extinguisher Advisory Council whose members

12-19    shall be appointed by the commission [State Board of Insurance].

12-20    The council shall assist in the review and formulation of rules

12-21    adopted under this article and shall periodically review commission

12-22    rules implementing this article and recommend changes in the rules

12-23    to the commission [in accordance with Section 417.0041, Government

12-24    Code].

12-25          (b)  The members of the council shall be experienced and

12-26    knowledgeable in one or more of the following areas: fire services,

12-27    fire extinguisher manufacturing, fire insurance inspection or

 13-1    underwriting, fire extinguisher servicing, or be a member of a fire

 13-2    protection association or industrial safety association.

 13-3          SECTION 3.04.  Section 6, Article 5.43-2, Insurance Code, is

 13-4    amended to read as follows:

 13-5          Sec. 6.  POWERS AND DUTIES OF THE TEXAS COMMISSION ON FIRE

 13-6    PROTECTION [STATE BOARD OF INSURANCE].  (a)  The Texas Commission

 13-7    on Fire  Protection [board] shall delegate authority to exercise

 13-8    all or part of its functions, powers, and duties under this

 13-9    article, including the issuance of certificates and licenses, to

13-10    the state fire marshal, and the state fire marshal along with

13-11    assistance of an advisory council to be appointed by the commission

13-12    [board] shall implement such rules as may be determined by the

13-13    commission [board in accordance with Section 417.0041, Government

13-14    Code] to be essentially necessary for the protection and

13-15    preservation of life and property in controlling:

13-16                (1)  the registration of persons and organizations

13-17    engaging in the business of planning, certifying, leasing, selling,

13-18    servicing, installing, monitoring, or maintaining fire alarm or

13-19    fire detection devices or systems; and

13-20                (2)  the requirements for the planning, certifying,

13-21    leasing, selling, servicing, installing, monitoring, or maintaining

13-22    of fire alarm or fire detection devices or systems by:

13-23                      (A)  conducting examinations and evaluating the

13-24    qualifications of applicants for a certificate of registration to

13-25    engage in the business of planning, certifying, leasing, selling,

13-26    servicing, installing, monitoring, or maintaining fire alarm or

13-27    fire detection devices or systems;

 14-1                      (B)  conducting examinations and evaluating the

 14-2    qualifications of applicants for fire alarm technician, residential

 14-3    fire alarm superintendent, or fire alarm planning superintendent

 14-4    licenses;

 14-5                      (C)  evaluating and determining which

 14-6    organizations shall be approved as testing laboratories for the

 14-7    purpose of this article;  and

 14-8                      (D)  evaluating and approving required training

 14-9    programs for all persons who engage in the business of planning,

14-10    certifying, leasing, selling, servicing, installing, monitoring, or

14-11    maintaining fire alarm or fire detection devices or systems.

14-12          (b)  An advisory council appointed under this section is

14-13    composed of seven individuals as follows:

14-14                (1)  three individuals employed by any registered firm

14-15    in the fire protection industry who have a minimum of three years

14-16    experience in the sale, installation, maintenance, or manufacturing

14-17    of fire alarm or fire detection devices;

14-18                (2)  two individuals experienced in the engineering of

14-19    fire prevention services or a member of a fire protection

14-20    association;

14-21                (3)  one person experienced and employed by a

14-22    municipality or county as a fire prevention officer; and

14-23                (4)  one person who is employed by any registered firm

14-24    and who has at least three years experience in the operation of a

14-25    central fire alarm monitoring station.

14-26          (c)  The advisory council shall periodically review rules

14-27    implementing this article and recommend changes in the rules to the

 15-1    Texas Commission on Fire Protection.

 15-2          (d)  The Texas Commission on Fire Protection [board] may,

 15-3    after notice and opportunity for hearing, increase or decrease the

 15-4    limits of insurance coverage.

 15-5          SECTION 3.05.  Section 6, Article 5.43-3, Insurance Code, is

 15-6    amended to read as follows:

 15-7          Sec. 6.  ADVISORY COUNCIL.  (a)  The Fire Protection Advisory

 15-8    Council is created.  The Texas Commission on Fire Protection

 15-9    [board] shall appoint the members of the advisory council, who

15-10    shall serve at the pleasure of the commission [board].

15-11          (b)  The advisory council, in addition to other duties

15-12    delegated by the Texas Commission on Fire Protection [board], shall

15-13    [in accordance with Section 417.0041, Government Code]:

15-14                (1)  advise the State Fire Marshal concerning practices

15-15    in the fire protection sprinkler system industry and the rules

15-16    necessary to implement and administer this article; and

15-17                (2)  make recommendations to the State Fire Marshal

15-18    regarding forms and procedures for certificates of registration and

15-19    licenses.

15-20          (c)  The advisory council shall have seven members as

15-21    follows:

15-22                (1)  three individuals who have been actively engaged

15-23    in the management of a fire protection sprinkler system business

15-24    for not less than five years preceding their appointment;

15-25                (2)  one representative of the engineering section of

15-26    the board's property division;

15-27                (3)  one volunteer fire fighter [member of the State

 16-1    Firemen's and Fire Marshal's Association of Texas]; and

 16-2                (4)  one member from each of two fire departments of

 16-3    incorporated cities of this state.

 16-4          (d)  The advisory council shall periodically review rules

 16-5    implementing this article and recommend changes in the rules to the

 16-6    Texas Commission on Fire Protection.

 16-7          (e)  The State Firemen's and Fire Marshals' Association of

 16-8    Texas may, on request by the Texas Commission on Fire Protection,

 16-9    recommend a volunteer fire fighter for appointment to the advisory

16-10    council.

16-11          SECTION 3.06.  Section 5, Article 5.43-4, Insurance Code, is

16-12    amended to read as follows:

16-13          Sec. 5.  ADMINISTRATION.  The Texas Commission on Fire

16-14    Protection [board] shall administer this article through the state

16-15    fire marshal and may issue rules for its administration in

16-16    accordance with Section 5B of this article [417.0041, Government

16-17    Code].  The commission [board], in promulgating rules, may use

16-18    standards recognized by federal law or regulation, and those

16-19    published by a nationally recognized standards-making organization.

16-20    Rules may not be adopted under this article that are more

16-21    restrictive than the rules in effect on January 1, 1991, without

16-22    specific statutory authority.

16-23          SECTION 3.07.  Section 5B, Article 5.43-4, Insurance Code, is

16-24    amended to read as follows:

16-25          Sec. 5B.  ADVISORY COUNCIL.  (a)  The Texas Commission on

16-26    Fire Protection [commission] shall establish an advisory council to

16-27    assist the commission in the administration of this article.  The

 17-1    council is composed of five members who must be representatives

 17-2    from the fireworks industry.  The[, three of whom must be appointed

 17-3    from a list  submitted to the commission by the] Texas Pyrotechnic

 17-4    Association may, on request by the commission, recommend

 17-5    individuals for appointment to the council.  A council member

 17-6    serves at the will of the commission.

 17-7          (b)  The council shall periodically review commission rules

 17-8    relating to the program and recommend changes in the rules to the

 17-9    commission.  Notwithstanding Sections 419.0082 and 2001.031,

17-10    Government Code, the commission shall submit all proposed changes

17-11    and additions to the rules that relate to administration of this

17-12    article to the council for development.  If the commission does not

17-13    approve a rule developed by the council, the commission shall

17-14    indicate to the council the reasons that the commission did not

17-15    approve the rule and return the rule to the council for further

17-16    development [assist the commission in the review and adoption of

17-17    rules under this article as provided by Section 417.0041,

17-18    Government Code].

17-19          SECTION 3.08.  The heading of Subchapter B, Chapter 419,

17-20    Government Code, is amended to read as follows:

17-21         SUBCHAPTER B.  REGULATING AND ASSISTING FIRE FIGHTERS AND

17-22          [FULLY PAID LOCAL FIRE PROTECTION PERSONNEL AND LOCAL]

17-23                             FIRE DEPARTMENTS

17-24          SECTION 3.09.  The following laws are repealed:

17-25                (1)  Section 417.0041, Government Code;

17-26                (2)  Section 2(3), Article 5.43-2, Insurance Code; and

17-27                (3)  Section 1(4), Article 5.43-3, Insurance Code.

 18-1          SECTION 3.10.  The Fire Protection Personnel Advisory

 18-2    Committee is abolished.  As soon as possible on or after the

 18-3    effective date of this Act, the Texas Commission on Fire Protection

 18-4    shall establish and make appointments to the Fire Fighter Advisory

 18-5    Committee under Section 419.023, Government Code, as amended by

 18-6    this Act.

 18-7             ARTICLE 4.  CERTIFICATION AND LICENSING FUNCTIONS

 18-8          SECTION 4.01.  Subchapter B, Chapter 419, Government Code, is

 18-9    amended by adding Section 419.0341 to read as follows:

18-10          Sec. 419.0341.  INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE

18-11    RENEWAL.  (a)  Notwithstanding any other provision of this

18-12    subchapter, fire protection personnel certified under this

18-13    subchapter may continue to hold and renew the certificate without

18-14    regard to whether the person continues to be employed by a local

18-15    authority or fire department.

18-16          (b)  Former fire protection personnel who are no longer

18-17    employed by a local authority or fire department may renew an

18-18    unexpired certificate before the expiration of the certificate by:

18-19                (1)  submitting evidence satisfactory to the commission

18-20    of completion of any required professional education; and

18-21                (2)  by paying to the commission the required renewal

18-22    fee.

18-23          (c)  If a person's certificate has been expired for 30 days

18-24    or less, the person may renew the certificate by:

18-25                (1)  submitting evidence satisfactory to the commission

18-26    of completion of any required professional education; and

18-27                (2)  paying to the commission the required renewal fee

 19-1    and a fee that is one-half of the certification fee for the

 19-2    certificate.

 19-3          (d)  If a person's certificate has been expired for longer

 19-4    than 30 days but less than one year, the person may renew the

 19-5    certificate by:

 19-6                (1)  submitting evidence satisfactory to the commission

 19-7    of completion of any required professional education; and

 19-8                (2)  paying to the commission all unpaid renewal fees

 19-9    and a fee that is equal to the certification fee.

19-10          (e)  If a person's certificate has been expired for one year

19-11    or longer, the person may not renew the certificate.

19-12          (f)  After receiving notice that a person is no longer

19-13    employed by a local authority or fire department, the commission,

19-14    at least 30 days before the expiration of a person's certificate,

19-15    shall send written notice of the impending certificate expiration

19-16    to the last known address of the person according to the records of

19-17    the commission.

19-18          SECTION 4.02.  Subchapter D, Chapter 419, Government Code, is

19-19    amended to read as follows:

19-20        SUBCHAPTER D. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS

19-21          Sec. 419.071.  VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER

19-22    FIRE FIGHTERS AND FIRE DEPARTMENTS.  (a)  The commission shall

19-23    develop a voluntary certification program for volunteer fire

19-24    fighters and volunteer fire departments.  The program must include

19-25    the same components and requirements as the certification program

19-26    established under Subchapter B. The certification program for

19-27    volunteer fire fighters and volunteer fire departments may take

 20-1    into account the different circumstances of volunteer fire

 20-2    fighters in establishing deadlines for completion of various

 20-3    components or requirements of the program.

 20-4          (b)  A certificate for a given type and level of

 20-5    certification that is issued under the certification program

 20-6    established under this section is equivalent to a certificate for

 20-7    the same type and level issued under Subchapter B.  The certificate

 20-8    is subject to the same issuance and renewal requirements as a

 20-9    certificate issued under Subchapter B, and a certificate holder may

20-10    be disciplined and regulated in the same manner as provided by

20-11    Subchapter B.  [Components of the program developed by the

20-12    commission shall include voluntary certification of volunteer fire

20-13    fighters, voluntary certification of facilities that train

20-14    volunteer fire fighters, and voluntary inspection and certification

20-15    of protective clothing and self-contained breathing apparatus of

20-16    volunteer fire departments.  A volunteer fire fighter or other

20-17    entity that chooses to become certified under a component of the

20-18    commission's certification program under this subchapter is subject

20-19    to commission rules that relate to that component.]

20-20          [(b)  The commission shall contract with a statewide

20-21    organization whose members include both volunteer and paid fire

20-22    fighters to administer and implement the program.  The commission

20-23    in the contract shall reserve the right to evaluate the

20-24    administration and implementation of the program under the contract

20-25    and the right to observe and to require information from the other

20-26    party to the contract so that the commission may perform a

20-27    meaningful evaluation.]

 21-1          (c)  A volunteer fire fighter, volunteer fire department, or

 21-2    facility that provides training to volunteer fire fighters is not

 21-3    required to participate in any component of the commission's

 21-4    program under this chapter.  A volunteer fire fighter, volunteer

 21-5    fire department, or facility that provides training to volunteer

 21-6    fire fighters may on request participate in one or more components

 21-7    of the program under this subchapter as appropriate.  The volunteer

 21-8    fire department with which a volunteer fire fighter is affiliated

 21-9    may, but is not required to, pay the certificate fee for a

21-10    volunteer fire fighter certified under this subchapter.

21-11          (d)  At least 30 days before the expiration of a volunteer

21-12    fire fighter's certificate, the commission shall send written

21-13    notice of the impending certificate expiration to the last known

21-14    address of the fire fighter according to the records of the

21-15    commission.  [The program shall make available to volunteer fire

21-16    fighters the same level of training that is made available to paid

21-17    fire protection personnel and recruits through the commission's

21-18    basic certification program under Subchapter B, but in a way that

21-19    takes into account the circumstances of volunteer fire fighters.]

21-20          [(e)  The commission by rule may:]

21-21                [(1)  establish qualifications relating to minimum age,

21-22    education, and physical and mental condition required for

21-23    certification under this subchapter;]

21-24                [(2)  establish standards relating to training programs

21-25    and to continuing education under this subchapter;]

21-26                [(3)  establish the training components required for

21-27    certification under this subchapter;]

 22-1                [(4)  establish testing procedures for certification

 22-2    candidates and procedures to test the satisfactory completion of

 22-3    training components; and]

 22-4                [(5)  recognize other training for credit towards

 22-5    certification under this chapter.]

 22-6          [(f)  Qualifications established for persons under this

 22-7    section may only be qualifications for certification and may not be

 22-8    qualifications for entering a certification program.]

 22-9          Sec. 419.072[.  VOLUNTEER FIRE FIGHTER ADVISORY COMMITTEE.

22-10    (a)  The commission shall establish a volunteer fire fighter

22-11    advisory committee to assist the commission in matters relating to

22-12    volunteer fire fighters and volunteer fire departments.  The

22-13    committee shall be composed of nine members appointed by the

22-14    commission.  Six members must be volunteer fire fighters who

22-15    collectively represent various areas in the field of fire

22-16    protection.  Three members must be instructors of volunteer fire

22-17    fighters.  Six of the nine members must be appointed from a list

22-18    submitted each year before September 1 to the commission by the

22-19    State Firemen's and Fire Marshals' Association of Texas.  A

22-20    committee member:]

22-21                [(1)  serves at the will of the commission;]

22-22                [(2)  serves for a one-year term that expires February

22-23    1; and]

22-24                [(3)  may be reappointed to the committee after the

22-25    expiration of a term.]

22-26          [(b)  The committee shall elect a member of the committee as

22-27    presiding officer of the committee.  The committee shall meet at

 23-1    least twice each calendar year at the call of the presiding officer

 23-2    or at the call of the commission.]

 23-3          [(c)  The committee shall develop and recommend to the

 23-4    commission for approval the rules of the program under this

 23-5    subchapter.  The committee periodically shall review commission

 23-6    rules relating to the commission's program under this subchapter

 23-7    and recommend changes in the rules to the commission.

 23-8    Notwithstanding Chapter 2001.031, the commission shall submit all

 23-9    proposed rules and all proposed changes and additions to the rules

23-10    that relate to the program under this subchapter to the committee

23-11    for development.  If the commission does not approve a rule

23-12    developed by the committee, the commission shall indicate to the

23-13    committee the reasons that the commission did not approve the rule

23-14    and return the rule to the committee for further development.]

23-15          [Sec. 419.073.  CERTIFICATION FEE.  The commission shall set

23-16    and collect a fee of not more than $10 for each certificate issued

23-17    under this subchapter designed to recover the commission's costs

23-18    under this subchapter.  The commission may choose to pay the fee

23-19    out of money appropriated for the implementation of Subchapter C.]

23-20          [Sec. 419.074.  RECOGNITION OF CERTAIN PRIOR CERTIFICATIONS.

23-21    (a)  The commission shall, on application, certify a person under

23-22    the commission's program under this subchapter if the person

23-23    received an advanced certificate from the State Firemen's and Fire

23-24    Marshals' Association of Texas before September 1, 1993.]

23-25          [(b)  A volunteer fire fighter who receives an advanced

23-26    certificate from the State Firemen's and Fire Marshals' Association

23-27    of Texas after September 1, 1993, shall on application be certified

 24-1    under this subchapter:]

 24-2                [(1)  if the commission determines that the standards

 24-3    under which the volunteer fire fighter received the advanced

 24-4    certificate are at least as stringent as the applicable standards

 24-5    in effect for that certificate on January 1, 1993; and]

 24-6                [(2)  after the successful completion of an examination

 24-7    administered by the commission for the purpose of certification

 24-8    under this subchapter.]

 24-9          [Sec. 419.075].  OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER

24-10    [BECOMING CERTIFIED UNDER SUBCHAPTER B].  (a)  Notwithstanding

24-11    anything to the contrary in Subchapter B, a fire department may

24-12    appoint as fire protection personnel or employ as a part-time fire

24-13    protection employee a [A] volunteer fire fighter or former

24-14    volunteer fire fighter who is certified by the commission under

24-15    this subchapter.  On receiving the appointment from or obtaining

24-16    the part-time employment with the employing fire department, the

24-17    person is considered to be certified fire protection personnel or a

24-18    certified part-time fire protection employee, as applicable. [is

24-19    eligible to be certified to be fire protection personnel under

24-20    Subchapter B  if the person successfully completes the fire

24-21    protection personnel examination administered under Subchapter B on

24-22    the first or second attempt.  A volunteer fire fighter who is

24-23    certified by the commission under this subchapter and who does not

24-24    successfully complete the fire protection personnel examination

24-25    administered under Subchapter B on the first or second attempt is

24-26    eligible to be certified to be fire protection personnel under

24-27    Subchapter B only after completing a commission-approved

 25-1    certification program under Subchapter B and subsequent successful

 25-2    completion of the fire protection personnel examination

 25-3    administered under Subchapter B.]

 25-4          (b)  In this section, "fire department" has the meaning

 25-5    assigned by Section 419.021.

 25-6          Sec. 419.073.  INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE

 25-7    RENEWAL.  (a)  A volunteer fire fighter certified under this

 25-8    subchapter may continue to hold and renew the certificate without

 25-9    regard to whether the person continues to be affiliated with a

25-10    volunteer fire department.

25-11          (b)  A former volunteer fire fighter who is no longer

25-12    affiliated with a volunteer fire department may renew an unexpired

25-13    certificate before the expiration of the certificate by:

25-14                (1)  submitting evidence satisfactory to the commission

25-15    of completion of any required professional education; and

25-16                (2)  by paying to the commission the required renewal

25-17    fee.

25-18          (c)  If a person's certificate has been expired for 30 days

25-19    or less, the person may renew the certificate by:

25-20                (1)  submitting evidence satisfactory to the commission

25-21    of completion of any required professional education; and

25-22                (2)  paying to the commission the required renewal fee

25-23    and a fee that is one-half of the certification fee for the

25-24    certificate.

25-25          (d)  If a person's certificate has been expired for longer

25-26    than 30 days but less than one year, the person may renew the

25-27    certificate by:

 26-1                (1)  submitting evidence satisfactory to the commission

 26-2    of completion of any required professional education; and

 26-3                (2)  paying to the commission all unpaid renewal fees

 26-4    and a fee that is equal to the certification fee.

 26-5          (e)  If a person's certificate has been expired for one year

 26-6    or longer, the person may not renew the certificate.

 26-7          SECTION 4.03.  Subchapter B, Chapter 419, Government Code, is

 26-8    amended by adding Sections 419.0225 and 419.0365 to read as

 26-9    follows:

26-10          Sec. 419.0225.  CERTAIN RULES PROHIBITED.  (a)  The

26-11    commission may not adopt rules restricting competitive bidding or

26-12    advertising by a certificate holder except to prohibit false,

26-13    misleading, or deceptive practices.

26-14          (b)  In its rules to prohibit false, misleading, or deceptive

26-15    practices, the commission may not include a rule that:

26-16                (1)  restricts the use of any medium for advertising;

26-17                (2)  restricts the use of a certificate holder's

26-18    personal appearance or voice in an advertisement;

26-19                (3)  relates to the size or duration of an

26-20    advertisement by the certificate holder; or

26-21                (4)  restricts the certificate holder's advertisement

26-22    under a trade name.

26-23          Sec. 419.0365.  DISCIPLINARY HEARING.  If the commission

26-24    proposes to suspend, revoke, or refuse to renew a person's

26-25    certificate, the person is entitled to a hearing conducted by the

26-26    State Office of Administrative Hearings.  Proceedings for a

26-27    disciplinary action are governed by the administrative procedure

 27-1    law, Chapter 2001.  Rules of practice adopted by the commission

 27-2    under Section 2001.004 applicable to the proceedings for a

 27-3    disciplinary action may not conflict with rules adopted by the

 27-4    State Office of Administrative Hearings.

 27-5          SECTION 4.04.  Subchapter F, Chapter 411, Government Code, is

 27-6    amended by adding Section 411.1236 to read as follows:

 27-7          Sec. 411.1236.  ACCESS TO CRIMINAL HISTORY RECORD

 27-8    INFORMATION:  TEXAS COMMISSION ON FIRE PROTECTION.  (a)  This

 27-9    section applies only to a circumstance in which:

27-10                (1)  the Texas Commission on Fire Protection or the

27-11    state fire marshal:

27-12                      (A)  issues or renews to an individual a license,

27-13    permit, certificate, or other similar authorization; and

27-14                      (B)  is authorized or required by law to obtain

27-15    criminal history record information relating to the individual; and

27-16                (2)  another person, including a state agency or local

27-17    government:

27-18                      (A)  is authorized or required to obtain the same

27-19    information; and

27-20                      (B)  did obtain that information not earlier than

27-21    the 90th day before the date on which the individual makes an

27-22    application to the Texas Commission on Fire Protection or the state

27-23    fire marshal for issuance or renewal of the license, permit,

27-24    certificate, or other similar authorization.

27-25          (b)  In a circumstance described by Subsection (a), the Texas

27-26    Commission on Fire Protection or the state fire marshal shall

27-27    obtain criminal history record information from the person who has

 28-1    obtained the required information as described by Subsection

 28-2    (a)(2).  On request from the Texas Commission on Fire Protection or

 28-3    the state fire marshal under this section, the person shall provide

 28-4    the information to the Texas Commission on Fire Protection or the

 28-5    state fire marshal.

 28-6          (c)  Notwithstanding any other law or rule, the Texas

 28-7    Commission on Fire Protection may disclose to the following persons

 28-8    the fact that issuance or renewal of a license, permit,

 28-9    certificate, or similar authorization was denied because of

28-10    criminal history record information:

28-11                (1)  the individual who applied for the license,

28-12    permit, certificate, or similar authorization; and

28-13                (2)  if the individual is requesting certification

28-14    under Subchapter B or D, Chapter 419, the local authority, fire

28-15    department, or volunteer fire department for which the fire

28-16    protection personnel or volunteer fire fighter would provide

28-17    services.

28-18          (d)  The Texas Commission on Fire Protection or state fire

28-19    marshal may not disclose the content of the criminal history record

28-20    information under Subsection (c)(2).

28-21          SECTION 4.05.  Section 7(b), Article 5.43-1, Insurance Code,

28-22    is amended to read as follows:

28-23          (b)  The Texas Commission on Fire Protection, through the

28-24    State Fire Marshal, may suspend, revoke, or refuse to issue or

28-25    renew a license, apprentice permit, hydrostatic testing

28-26    certificate, certificate of registration, or approval of a testing

28-27    laboratory in accordance with Section 13  of this article [State

 29-1    Board of Insurance may through the State Fire Marshal conduct

 29-2    hearings or proceedings concerning the suspension, revocation, or

 29-3    refusal of the issuance or renewal of licenses, apprentice permits,

 29-4    hydrostatic testing certificates, certificates of registration, or

 29-5    approvals of testing laboratories issued under this article or the

 29-6    application to suspend, revoke, refuse to renew, or refuse to issue

 29-7    the same].

 29-8          SECTION 4.06.  Article 5.43-1, Insurance Code, is amended by

 29-9    adding Sections 8A and 13 to read as follows:

29-10          Sec. 8A.  CERTAIN RULES PROHIBITED.  (a)  The Texas

29-11    Commission on Fire Protection may not adopt rules restricting

29-12    competitive bidding or advertising by the holder of a license,

29-13    permit, certificate, or approval issued under this article except

29-14    to prohibit false, misleading, or deceptive practices.

29-15          (b)  In its rules to prohibit false, misleading, or deceptive

29-16    practices, the Texas Commission on Fire Protection may not include

29-17    a rule that:

29-18                (1)  restricts the use of any medium for advertising;

29-19                (2)  restricts the use of a license, permit,

29-20    certificate, or approval holder's personal appearance or voice in

29-21    an advertisement;

29-22                (3)  relates to the size or duration of an

29-23    advertisement by the license, permit, certificate, or approval

29-24    holder; or

29-25                (4)  restricts the license, permit, certificate, or

29-26    approval holder's advertisement under a trade name.

29-27          Sec. 13.  DISCIPLINARY HEARING.  If the State Fire Marshal

 30-1    proposes to suspend, revoke, or refuse to renew a license, permit,

 30-2    certificate, or approval issued under this article, the holder of

 30-3    the license, permit, certificate, or approval is entitled to a

 30-4    hearing conducted by the State Office of Administrative Hearings.

 30-5    Proceedings for a disciplinary action are governed by the

 30-6    administrative procedure law, Chapter 2001, Government Code.  Rules

 30-7    of practice adopted by the Texas Commission on Fire Protection

 30-8    under Section 2001.004, Government Code, applicable to the

 30-9    proceedings for a disciplinary action may not conflict with rules

30-10    adopted by the State Office of Administrative Hearings.

30-11          SECTION 4.07.  Article 5.43-2, Insurance Code, is amended by

30-12    adding Sections 6A and 10A to read as follows:

30-13          Sec. 6A.  CERTAIN RULES PROHIBITED.  (a)  The Texas

30-14    Commission on Fire Protection may not adopt rules restricting

30-15    competitive bidding or advertising by the holder of a license or

30-16    registration issued under this article except to prohibit false,

30-17    misleading, or deceptive practices.

30-18          (b)  In its rules to prohibit false, misleading, or deceptive

30-19    practices, the Texas Commission on Fire Protection may not include

30-20    a rule that:

30-21                (1)  restricts the use of any medium for advertising;

30-22                (2)  restricts the use of a license or registration

30-23    holder's personal appearance or voice in an advertisement;

30-24                (3)  relates to the size or duration of an

30-25    advertisement by the license or registration holder; or

30-26                (4)  restricts the license or registration holder's

30-27    advertisement under a trade name.

 31-1          Sec. 10A.  DISCIPLINARY HEARING.  If the State Fire Marshal

 31-2    proposes to suspend, revoke, or refuse to renew a license or

 31-3    certificate of registration of a person, the person is entitled to

 31-4    a hearing conducted by the State Office of Administrative Hearings.

 31-5    Proceedings for a disciplinary action are governed by the

 31-6    administrative procedure law, Chapter 2001, Government Code.  Rules

 31-7    of practice adopted by the Texas Commission on Fire Protection

 31-8    under Section 2001.004, Government Code, applicable to the

 31-9    proceedings for a disciplinary action may not conflict with rules

31-10    adopted by the State Office of Administrative Hearings.

31-11          SECTION 4.08.  Article 5.43-3, Insurance Code, is amended by

31-12    adding Sections 7A and 9A to read as follows:

31-13          Sec. 7A.  CERTAIN RULES PROHIBITED.  (a)  The Texas

31-14    Commission on Fire Protection may not adopt rules restricting

31-15    competitive bidding or advertising by the holder of a certificate

31-16    of registration, license, or permit issued under this article

31-17    except to prohibit false, misleading, or deceptive practices.

31-18          (b)  In its rules to prohibit false, misleading, or deceptive

31-19    practices, the Texas Commission on Fire Protection may not include

31-20    a rule that:

31-21                (1)  restricts the use of any medium for advertising;

31-22                (2)  restricts the use of a certificate, license, or

31-23    permit holder's personal appearance or voice in an advertisement;

31-24                (3)  relates to the size or duration of an

31-25    advertisement by the certificate, license, or permit holder; or

31-26                (4)  restricts the certificate, license, or permit

31-27    holder's advertisement under a trade name.

 32-1          Sec. 9A.  DISCIPLINARY HEARING.  If the State Fire Marshal

 32-2    proposes to suspend, revoke, or refuse to renew a certificate of

 32-3    registration, license, or permit of a person, the person is

 32-4    entitled to a hearing conducted by the State Office of

 32-5    Administrative Hearings.  Proceedings for a disciplinary action are

 32-6    governed by the administrative procedure law, Chapter 2001,

 32-7    Government Code.  Rules of practice adopted by the Texas Commission

 32-8    on Fire Protection under Section 2001.004, Government Code,

 32-9    applicable to the proceedings for a disciplinary action may not

32-10    conflict with rules adopted by the State Office of Administrative

32-11    Hearings.

32-12          SECTION 4.09.  Article 5.43-4, Insurance Code, is amended by

32-13    amending Section 18 and adding Sections 16A and 18A to read as

32-14    follows:

32-15          Sec. 16A.  CERTAIN RULES PROHIBITED.  (a)  The Texas

32-16    Commission on Fire Protection may not adopt rules restricting

32-17    competitive bidding or advertising by the holder of a license or

32-18    permit issued under this article except to prohibit false,

32-19    misleading, or deceptive practices.

32-20          (b)  In its rules to prohibit false, misleading, or deceptive

32-21    practices, the Texas Commission on Fire Protection may not include

32-22    a rule that:

32-23                (1)  restricts the use of any medium for advertising;

32-24                (2)  restricts the use of a license or permit  holder's

32-25    personal appearance or voice in an advertisement;

32-26                (3)  relates to the size or duration of an

32-27    advertisement by the license or permit holder; or

 33-1                (4)  restricts the license or permit holder's

 33-2    advertisement under a trade name.

 33-3          Sec. 18.  ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF

 33-4    [APPLICATIONS FOR AND HEARINGS ON] LICENSES AND PERMITS.  (a)  The

 33-5    Texas  Commission on Fire Protection [board] shall adopt rules for

 33-6    applications and set qualifications for licenses and permits.

 33-7          (b)  The Texas Commission on Fire Protection [board] may,

 33-8    through the state fire marshal, suspend, revoke, or refuse to issue

 33-9    or renew  [conduct hearings or proceedings concerning the

33-10    suspension, revocation, or refusal to issue or renew] a license or

33-11    permit.

33-12          (c)  A license or permit may be denied, suspended, or

33-13    revoked, or renewal may be refused, if the Texas Commission on Fire

33-14    Protection [board], through the state fire marshal and after notice

33-15    and a public hearing conducted under Section 18A of this article,

33-16    finds that any provision of this article, or any rule promulgated

33-17    under this article, has been violated.

33-18          (d)  A person or organization that has a license or permit

33-19    revoked may not reapply for the license or permit earlier than one

33-20    year from the date of revocation.  A person reapplying under this

33-21    subsection must request a public hearing on the reissuance of the

33-22    license or permit, and has the burden of proving that a license or

33-23    permit should be granted.

33-24          Sec. 18A.  DISCIPLINARY HEARING.  If the state fire marshal

33-25    proposes to suspend, revoke, or refuse to renew a license or permit

33-26    of a person, the  person is entitled to a hearing conducted by the

33-27    State Office of Administrative Hearings.  Proceedings for a

 34-1    disciplinary action are governed by the administrative procedure

 34-2    law, Chapter 2001, Government Code.  Rules of practice adopted by

 34-3    the Texas Commission on Fire Protection under Section 2001.004,

 34-4    Government Code, applicable to the proceedings for a disciplinary

 34-5    action may not conflict with rules adopted by the State Office of

 34-6    Administrative Hearings.

 34-7          SECTION 4.10.  The volunteer fire fighter advisory committee

 34-8    established under Section 419.072,  Government Code, is abolished.

 34-9          SECTION 4.11.  The change in law made by Section 419.0365,

34-10    Government Code, Section 13, Article 5.43-1, Insurance Code,

34-11    Section 10A, Article 5.43-2, Insurance Code, Section 9A, Article

34-12    5.43-3, Insurance Code, and Section 18A, Article 5.43-4, Insurance

34-13    Code, as added by this Act, applies only to a disciplinary

34-14    proceeding commenced on or after the effective date of this Act.  A

34-15    disciplinary proceeding commenced before the effective date of this

34-16    Act is governed by the law in effect immediately before the

34-17    effective date of this Act, and that law is continued in effect for

34-18    this purpose.

34-19                   ARTICLE 5.  EFFECTIVE DATE; EMERGENCY

34-20          SECTION 5.01.  This Act takes effect September 1, 1997.

34-21          SECTION 5.02.  The importance of this legislation and the

34-22    crowded condition of the calendars in both houses create an

34-23    emergency and an imperative public necessity that the

34-24    constitutional rule requiring bills to be read on three several

34-25    days in each house be suspended, and this rule is hereby suspended.