By Gallego H.B. No. 3046
75R3778 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Texas Commission on Fire
1-3 Protection.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 417.0041(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) Each council periodically shall review commission rules
1-8 implementing the article under which the council was established
1-9 and recommend changes in the rules to the commission.
1-10 [Notwithstanding Chapter 2001.031, the commission shall submit all
1-11 changes and additions to rules that implement the article under
1-12 which an advisory council was established to that council for
1-13 development. If the commission does not approve a rule developed
1-14 by the council, the commission shall indicate to the council the
1-15 reasons that the commission did not approve the rule and return the
1-16 rule to the council for further development.]
1-17 SECTION 2. Subchapter A, Chapter 419, Government Code, is
1-18 amended by adding Section 419.0082 to read as follows:
1-19 Sec. 419.0082. RULEMAKING. (a) In adopting or amending a
1-20 rule under Section 419.008(a) or any other law, the commission
1-21 shall seek the input of the appropriate advisory bodies to the
1-22 commission. The commission shall permit each appropriate advisory
1-23 body to review and comment on any proposed rule, including a
1-24 proposed amendment to a rule, before the rule is adopted.
2-1 (b) The commission may not adopt a rule, including an
2-2 amendment to a rule, before the commission meeting held after the
2-3 commission meeting at which the rule is first proposed.
2-4 (c) This section does not apply to an emergency rule adopted
2-5 under Section 2001.034.
2-6 SECTION 3. The heading of Subchapter B, Chapter 419,
2-7 Government Code, is amended to read as follows:
2-8 SUBCHAPTER B. REGULATING AND ASSISTING FIRE FIGHTERS AND
2-9 [FULLY PAID LOCAL FIRE PROTECTION PERSONNEL AND LOCAL]
2-10 FIRE DEPARTMENTS
2-11 SECTION 4. Section 419.023, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 419.023. FIRE SERVICE STANDARDS AND CERTIFICATION
2-14 [PROTECTION PERSONNEL] ADVISORY COMMITTEE. (a) The commission
2-15 shall establish a fire service standards and certification
2-16 [protection personnel] advisory committee to assist the commission
2-17 in matters relating to fire protection personnel, volunteer fire
2-18 fighters, [and] fire departments, and volunteer fire departments.
2-19 The committee shall be composed of nine members appointed by the
2-20 commission.
2-21 (b) Three [Six] members of the committee must be fire
2-22 protection personnel or retired fire protection personnel. Three
2-23 members must be volunteer fire fighters. The members appointed
2-24 under this subsection must [who] collectively represent various
2-25 areas in the field of fire protection.
2-26 (c) Three members of the committee must be instructors of
2-27 fire protection personnel or volunteer fire fighters.
3-1 (d) The State Firemen's and Fire Marshals' Association of
3-2 Texas may, on request by the commission, recommend volunteer fire
3-3 fighters and instructors of volunteer fire fighters for appointment
3-4 to the committee. The Texas State Association of Fire Fighters
3-5 may, on request by the commission, recommend fire protection
3-6 personnel, retired fire protection personnel, and instructors of
3-7 fire protection personnel for appointment to the committee.
3-8 (e) A committee member serves at the will of the commission.
3-9 (f) [(b)] The committee shall elect a member of the
3-10 committee as the presiding officer of the committee. The committee
3-11 shall meet at least twice each calendar year at the call of the
3-12 presiding officer or at the call of the commission.
3-13 (g) [(c)] The committee periodically shall review commission
3-14 rules relating to fire protection personnel, [and] fire
3-15 departments, and other fire fighters and fire fighting
3-16 organizations that are subject to regulation under this subchapter
3-17 and recommend changes in the rules to the commission.
3-18 [Notwithstanding Chapter 2001.031, the commission shall submit all
3-19 proposed changes and additions to the rules that relate to fire
3-20 protection personnel and fire departments to the committee for
3-21 development. If the commission does not approve a rule developed
3-22 by the committee, the commission shall indicate to the committee
3-23 the reasons that the commission did not approve the rule and return
3-24 the rule to the committee for further development.]
3-25 SECTION 5. Sections 419.0321 and 419.0322, Government Code,
3-26 are amended to read as follows:
3-27 Sec. 419.0321. PART-TIME FIRE PROTECTION EMPLOYEES. (a) A
4-1 fire department may employ part-time fire protection employees
4-2 under this section. [The commission shall create a separate
4-3 certification class for part-time fire protection employees.]
4-4 (b) A [To become certified as a] part-time fire protection
4-5 employee[, a person] must[:]
4-6 [(1)] satisfy the requirements of Sections 419.032(a)
4-7 and (b) or Section 419.032(d) for certification as fire protection
4-8 personnel[; and]
4-9 [(2) be employed by a fire department as a temporary
4-10 or probationary part-time fire protection employee].
4-11 (c) A fire department may not employ a person as a part-time
4-12 fire protection employee, except on a temporary or probationary
4-13 basis, unless the person has been certified by the commission as
4-14 [a part-time] fire protection personnel [employee]. A temporary or
4-15 probationary employment may not extend beyond one year or be
4-16 renewed, except that on petition of a fire department one year or
4-17 more after the date that a temporary or probationary part-time
4-18 employment expires, the commission may reinstate the person's
4-19 temporary or probationary part-time employment.
4-20 (d) [A person who is certified as a part-time fire
4-21 protection employee and a fire department or local government that
4-22 employs a part-time fire protection employee are subject to this
4-23 subchapter and applicable commission rules to the same extent that
4-24 this subchapter and applicable commission rules apply to certified
4-25 fire protection personnel and to a fire department or local
4-26 government in the employment of fire protection personnel.]
4-27 [(e)] A part-time fire protection employee may not:
5-1 (1) work more than 24 hours a week or average more
5-2 than approximately 24 hours a week during a work cycle, as
5-3 appropriate, for an employing fire department; or
5-4 (2) work more than 500 hours a year for an employing
5-5 fire department in duties related to fire suppression.
5-6 (e) [(f)] A part-time fire protection employee may work, on
5-7 a temporary basis only, in place of a person who is full-time fire
5-8 protection personnel who is absent from work because of vacation,
5-9 illness, injury, or administrative leave. Work may not be assigned
5-10 under this subsection in a manner that will cause a reduction in
5-11 the number of authorized full-time positions in a fire department.
5-12 Hours worked under this subsection are not counted when computing
5-13 hours under Subsection (d)(1) [(e)(1)].
5-14 Sec. 419.0322. CATEGORIES AND DESIGNATION OF PERSONS
5-15 PERFORMING FIRE PROTECTION DUTIES. (a) Each person who is
5-16 assigned by a fire department to perform one or more duties listed
5-17 under Section 419.021(a)(3)(B) must be:
5-18 (1) full-time fire protection personnel;
5-19 (2) a part-time fire protection employee; or
5-20 (3) a volunteer or other auxiliary fire fighter.
5-21 (b) Each fire department shall designate each person who is
5-22 assigned by the department to perform one or more duties listed
5-23 under Section 419.021(a)(3)(B) as full-time fire protection
5-24 personnel, a part-time fire protection employee, or a volunteer or
5-25 auxiliary fire fighter, but a department may not designate the
5-26 same person under more than one category under this section. The
5-27 designation shall be made on the records of the department and the
6-1 designation shall be made available for inspection by the
6-2 commission or sent to the commission on request.
6-3 (c) A fire department may not compensate, reimburse, or
6-4 provide benefits to a person the department has designated as a
6-5 volunteer or other auxiliary fire fighter to the extent that the
6-6 person would be considered fully paid under Section 419.021(b).
6-7 (d) A person designated as a part-time fire protection
6-8 employee under this section is subject to Section 419.0321.
6-9 SECTION 6. Subchapter B, Chapter 419, Government Code, is
6-10 amended by adding Section 419.0341 to read as follows:
6-11 Sec. 419.0341. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
6-12 RENEWAL. (a) Notwithstanding any other provision of this
6-13 subchapter, fire protection personnel certified under this
6-14 subchapter may continue to hold and renew the certificate without
6-15 regard to whether the person continues to be employed by a local
6-16 authority or fire department.
6-17 (b) Former fire protection personnel who are no longer
6-18 employed by a local authority or fire department may renew an
6-19 unexpired certificate before the expiration of the certificate by:
6-20 (1) submitting evidence satisfactory to the commission
6-21 of completion of any required professional education; and
6-22 (2) paying to the commission the required renewal fee.
6-23 (c) If a person's certificate has been expired for 30 days
6-24 or less, the person may renew the certificate by:
6-25 (1) submitting evidence satisfactory to the commission
6-26 of completion of any required professional education; and
6-27 (2) paying to the commission the required renewal fee
7-1 and a fee that is one-half of the certification fee for the
7-2 certificate.
7-3 (d) If a person's certificate has been expired for longer
7-4 than 30 days but less than one year, the person may renew the
7-5 certificate by:
7-6 (1) submitting evidence satisfactory to the commission
7-7 of completion of any required professional education; and
7-8 (2) paying to the commission all unpaid renewal fees
7-9 and a fee that is equal to the certification fee.
7-10 (e) If a person's certificate has been expired for one year
7-11 or longer, the person may not renew the certificate.
7-12 (f) After receiving notice that a person is no longer
7-13 employed by a local authority or fire department, the commission,
7-14 at least 30 days before the expiration of a person's certificate,
7-15 shall send written notice of the impending certificate expiration
7-16 to the last known address of the person according to the records of
7-17 the commission.
7-18 SECTION 7. Section 419.054(c), Government Code, is amended
7-19 to read as follows:
7-20 (c) The committee shall assist the commission in matters
7-21 relating to the administration of this subchapter. The committee
7-22 periodically shall review commission rules relating to the program
7-23 and recommend changes in the rules to the commission.
7-24 [Notwithstanding Chapter 2001.031, the commission shall submit all
7-25 proposed changes and additions to the rules that relate to the
7-26 program to the committee for development. If the commission does
7-27 not approve a rule developed by the committee, the commission shall
8-1 indicate to the committee the reasons that the commission did not
8-2 approve the rule and return the rule to the committee for further
8-3 development.]
8-4 SECTION 8. Subchapter D, Chapter 419, Government Code, is
8-5 amended to read as follows:
8-6 SUBCHAPTER D. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS
8-7 Sec. 419.071. VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER
8-8 FIRE FIGHTERS AND FIRE DEPARTMENTS. (a) The commission shall
8-9 develop a voluntary certification program for volunteer fire
8-10 fighters and volunteer fire departments. The program must include
8-11 the same components and requirements as the certification program
8-12 established under Subchapter B. The certification program for
8-13 volunteer fire fighters and volunteer fire departments may take
8-14 into account the different circumstances of volunteer fire
8-15 fighters in establishing deadlines for completion of various
8-16 components or requirements of the program.
8-17 (b) A certificate for a given type and level of
8-18 certification that is issued under the certification program
8-19 established under this section is equivalent to a certificate for
8-20 the same type and level issued under Subchapter B. The certificate
8-21 is subject to the same issuance and renewal requirements as a
8-22 certificate issued under Subchapter B, and a certificate holder may
8-23 be disciplined and regulated in the same manner as provided by
8-24 Subchapter B. [Components of the program developed by the
8-25 commission shall include voluntary certification of volunteer fire
8-26 fighters, voluntary certification of facilities that train
8-27 volunteer fire fighters, and voluntary inspection and certification
9-1 of protective clothing and self-contained breathing apparatus of
9-2 volunteer fire departments. A volunteer fire fighter or other
9-3 entity that chooses to become certified under a component of the
9-4 commission's certification program under this subchapter is subject
9-5 to commission rules that relate to that component.]
9-6 [(b) The commission shall contract with a statewide
9-7 organization whose members include both volunteer and paid fire
9-8 fighters to administer and implement the program. The commission
9-9 in the contract shall reserve the right to evaluate the
9-10 administration and implementation of the program under the contract
9-11 and the right to observe and to require information from the other
9-12 party to the contract so that the commission may perform a
9-13 meaningful evaluation.]
9-14 (c) A volunteer fire fighter, volunteer fire department, or
9-15 facility that provides training to volunteer fire fighters is not
9-16 required to participate in any component of the commission's
9-17 program under this chapter. A volunteer fire fighter, volunteer
9-18 fire department, or facility that provides training to volunteer
9-19 fire fighters may on request participate in one or more components
9-20 of the program under this subchapter as appropriate. The volunteer
9-21 fire department with which a volunteer fire fighter is affiliated
9-22 may, but is not required to, pay the certificate fee for a
9-23 volunteer fire fighter certified under this subchapter.
9-24 (d) At least 30 days before the expiration of a volunteer
9-25 fire fighter's certificate, the commission shall send written
9-26 notice of the impending certificate expiration to the last known
9-27 address of the fire fighter according to the records of the
10-1 commission. [The program shall make available to volunteer fire
10-2 fighters the same level of training that is made available to paid
10-3 fire protection personnel and recruits through the commission's
10-4 basic certification program under Subchapter B, but in a way that
10-5 takes into account the circumstances of volunteer fire fighters.]
10-6 [(e) The commission by rule may:]
10-7 [(1) establish qualifications relating to minimum age,
10-8 education, and physical and mental condition required for
10-9 certification under this subchapter;]
10-10 [(2) establish standards relating to training programs
10-11 and to continuing education under this subchapter;]
10-12 [(3) establish the training components required for
10-13 certification under this subchapter;]
10-14 [(4) establish testing procedures for certification
10-15 candidates and procedures to test the satisfactory completion of
10-16 training components; and]
10-17 [(5) recognize other training for credit towards
10-18 certification under this chapter.]
10-19 [(f) Qualifications established for persons under this
10-20 section may only be qualifications for certification and may not be
10-21 qualifications for entering a certification program.]
10-22 Sec. 419.072[. VOLUNTEER FIRE FIGHTER ADVISORY COMMITTEE.
10-23 (a) The commission shall establish a volunteer fire fighter
10-24 advisory committee to assist the commission in matters relating to
10-25 volunteer fire fighters and volunteer fire departments. The
10-26 committee shall be composed of nine members appointed by the
10-27 commission. Six members must be volunteer fire fighters who
11-1 collectively represent various areas in the field of fire
11-2 protection. Three members must be instructors of volunteer fire
11-3 fighters. Six of the nine members must be appointed from a list
11-4 submitted each year before September 1 to the commission by the
11-5 State Firemen's and Fire Marshals' Association of Texas. A
11-6 committee member:]
11-7 [(1) serves at the will of the commission;]
11-8 [(2) serves for a one-year term that expires February
11-9 1; and]
11-10 [(3) may be reappointed to the committee after the
11-11 expiration of a term.]
11-12 [(b) The committee shall elect a member of the committee as
11-13 presiding officer of the committee. The committee shall meet at
11-14 least twice each calendar year at the call of the presiding officer
11-15 or at the call of the commission.]
11-16 [(c) The committee shall develop and recommend to the
11-17 commission for approval the rules of the program under this
11-18 subchapter. The committee periodically shall review commission
11-19 rules relating to the commission's program under this subchapter
11-20 and recommend changes in the rules to the commission.
11-21 Notwithstanding Chapter 2001.031, the commission shall submit all
11-22 proposed rules and all proposed changes and additions to the rules
11-23 that relate to the program under this subchapter to the committee
11-24 for development. If the commission does not approve a rule
11-25 developed by the committee, the commission shall indicate to the
11-26 committee the reasons that the commission did not approve the rule
11-27 and return the rule to the committee for further development.]
12-1 [Sec. 419.073. CERTIFICATION FEE. The commission shall set
12-2 and collect a fee of not more than $10 for each certificate issued
12-3 under this subchapter designed to recover the commission's costs
12-4 under this subchapter. The commission may choose to pay the fee
12-5 out of money appropriated for the implementation of Subchapter C.]
12-6 [Sec. 419.074. RECOGNITION OF CERTAIN PRIOR CERTIFICATIONS.
12-7 (a) The commission shall, on application, certify a person under
12-8 the commission's program under this subchapter if the person
12-9 received an advanced certificate from the State Firemen's and Fire
12-10 Marshals' Association of Texas before September 1, 1993.]
12-11 [(b) A volunteer fire fighter who receives an advanced
12-12 certificate from the State Firemen's and Fire Marshals' Association
12-13 of Texas after September 1, 1993, shall on application be certified
12-14 under this subchapter:]
12-15 [(1) if the commission determines that the standards
12-16 under which the volunteer fire fighter received the advanced
12-17 certificate are at least as stringent as the applicable standards
12-18 in effect for that certificate on January 1, 1993; and]
12-19 [(2) after the successful completion of an examination
12-20 administered by the commission for the purpose of certification
12-21 under this subchapter.]
12-22 [Sec. 419.075]. OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER
12-23 [BECOMING CERTIFIED UNDER SUBCHAPTER B]. (a) Notwithstanding
12-24 anything to the contrary in Subchapter B, a fire department may
12-25 appoint as fire protection personnel a [A] volunteer fire fighter
12-26 or former volunteer fire fighter who is certified by the commission
12-27 under this subchapter. On receiving the appointment from the
13-1 employing fire department, the person is considered to be certified
13-2 fire protection personnel. [is eligible to be certified to be fire
13-3 protection personnel under Subchapter B if the person successfully
13-4 completes the fire protection personnel examination administered
13-5 under Subchapter B on the first or second attempt. A volunteer
13-6 fire fighter who is certified by the commission under this
13-7 subchapter and who does not successfully complete the fire
13-8 protection personnel examination administered under Subchapter B on
13-9 the first or second attempt is eligible to be certified to be fire
13-10 protection personnel under Subchapter B only after completing a
13-11 commission-approved certification program under Subchapter B and
13-12 subsequent successful completion of the fire protection personnel
13-13 examination administered under Subchapter B.]
13-14 (b) In this section, "fire department" has the meaning
13-15 assigned by Section 419.021.
13-16 Sec. 419.073. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
13-17 RENEWAL. (a) A volunteer fire fighter certified under this
13-18 subchapter may continue to hold and renew the certificate without
13-19 regard to whether the person continues to be affiliated with a
13-20 volunteer fire department.
13-21 (b) A former volunteer fire fighter who is no longer
13-22 affiliated with a volunteer fire department may renew an unexpired
13-23 certificate before the expiration of the certificate by:
13-24 (1) submitting evidence satisfactory to the commission
13-25 of completion of any required professional education; and
13-26 (2) paying to the commission the required renewal fee.
13-27 (c) If a person's certificate has been expired for 30 days
14-1 or less, the person may renew the certificate by:
14-2 (1) submitting evidence satisfactory to the commission
14-3 of completion of any required professional education; and
14-4 (2) paying to the commission the required renewal fee
14-5 and a fee that is one-half of the certification fee for the
14-6 certificate.
14-7 (d) If a person's certificate has been expired for longer
14-8 than 30 days but less than one year, the person may renew the
14-9 certificate by:
14-10 (1) submitting evidence satisfactory to the commission
14-11 of completion of any required professional education; and
14-12 (2) paying to the commission all unpaid renewal fees
14-13 and a fee that is equal to the certification fee.
14-14 (e) If a person's certificate has been expired for one year
14-15 or longer, the person may not renew the certificate.
14-16 SECTION 9. (a) The volunteer fire fighter advisory
14-17 committee established under Section 419.072, Government Code, as
14-18 that section existed immediately before the effective date of this
14-19 Act, is abolished.
14-20 (b) The Fire Protection Personnel Advisory Committee
14-21 established under Section 419.023, Government Code, as that section
14-22 existed immediately before the effective date of this Act, is
14-23 abolished.
14-24 (c) As soon as possible on or after the effective date of
14-25 this Act, the Texas Commission on Fire Protection shall establish
14-26 and make appointments to the Fire Service Standards and
14-27 Certification Advisory Committee under Section 419.023, Government
15-1 Code, as amended by this Act.
15-2 SECTION 10. This Act takes effect September 1, 1997.
15-3 SECTION 11. The importance of this legislation and the
15-4 crowded condition of the calendars in both houses create an
15-5 emergency and an imperative public necessity that the
15-6 constitutional rule requiring bills to be read on three several
15-7 days in each house be suspended, and this rule is hereby suspended.