By:  Armbrister                                        S.B. No. 371

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the continuation and functions of the Texas Commission

 1-2     on Fire Protection and the transfer of certain commission functions

 1-3     to the state fire marshal and the Texas Department of Insurance.

 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 Subsections (e) and (f) to

1-15     read as follows:

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

1-17                 (1)  two members to be selected from a list of five

1-18     names submitted by the Texas Fire Chiefs Association who are

1-19     [three] chief officers with a minimum rank that is equivalent to

1-20     the position immediately below that of the fire [of battalion]

1-21     chief and who are employed in fire departments as defined by

1-22     Section 419.021 that are under the jurisdiction of the commission,

1-23     at least one [two] of whom must be the head [heads] of a [their]

 2-1     fire department [departments,] and one of whom must be employed by

 2-2     a political subdivision with a population of less than 50,000[, one

 2-3     must be employed by a political subdivision with a population of

 2-4     50,000 to 200,000, and one must be employed by a political

 2-5     subdivision with a population of more than 200,000];

 2-6                 (2)  two members to be selected from a list of five

 2-7     names submitted by the Texas State Association of Fire Fighters who

 2-8     are [three] fire protection personnel as defined by Section 419.021

 2-9     with the rank of battalion chief [captain] or below and who are

2-10     employed in fire departments or other appropriate local authorities

2-11     under the jurisdiction of the commission, [at least one of whom

2-12     must be actively involved in educating the public on fire

2-13     prevention as a significant part of the person's duties, and] one

2-14     of whom must be employed by a political subdivision with a

2-15     population of less than 50,000[, one must be employed by a

2-16     political subdivision with a population of 50,000 to 200,000, and

2-17     one must be employed by a political subdivision with a population

2-18     of more than 200,000];

2-19                 (3)  two members to be selected from a list of five

2-20     names submitted by the State Firemen's and Fire Marshals'

2-21     Association of Texas [three persons] who are volunteer fire chiefs

2-22     or volunteer fire fighters;

2-23                 (4)  one certified fire protection engineer;

2-24                 (5)  one certified arson investigator or certified fire

2-25     protection inspector; [and]

 3-1                 (6)  one fire protection instructor from an institution

 3-2     of higher education as defined by  Section 61.003, Education Code;

 3-3     and

 3-4                 (7)  three public members.

 3-5           (e)  A person is not eligible for appointment as a public

 3-6     member of the commission if the person or the person's spouse:

 3-7                 (1)  is registered, certified, or licensed by the

 3-8     commission;

 3-9                 (2)  is employed by or participates in the management

3-10     of a business entity or other organization regulated by the

3-11     commission or receiving funds from the commission;

3-12                 (3)  owns or controls, directly or indirectly, more

3-13     than a 10 percent interest in a business entity or other

3-14     organization regulated by the commission or receiving funds from

3-15     the commission;

3-16                 (4)  uses or receives a substantial amount of tangible

3-17     goods, services, or funds from the  commission, other than

3-18     compensation or reimbursement authorized by law for commission

3-19     membership, attendance, or expenses; or

3-20                 (5)  is a member of a paid or volunteer fire

3-21     department.

3-22           (f)  A person is not eligible for appointment to the

3-23     commission if the person's spouse is a member of a paid or

3-24     volunteer fire department.

3-25           SECTION 1.03.  Subsection (c), Section 419.005, Government

 4-1     Code, is amended to read as follows:

 4-2           (c)  If the executive director has knowledge that a potential

 4-3     ground for removal exists, the executive director shall notify the

 4-4     presiding officer of the commission of the ground.  The presiding

 4-5     officer shall then notify the governor and the attorney general

 4-6     that a potential ground for removal exists.  If the potential

 4-7     ground for removal involves the presiding officer, the executive

 4-8     director shall notify the next highest ranking officer of the

 4-9     commission, who shall notify the governor and the attorney general

4-10     that a potential ground for removal exists.

4-11           SECTION 1.04.  Subchapter A, Chapter 419, Government Code, is

4-12     amended by adding Section 419.0071 to read as follows:

4-13           Sec. 419.0071.  COMMISSION MEMBER TRAINING.  (a)  To be

4-14     eligible to take office as a member of the commission, a person

4-15     appointed to the commission must complete at least one course of a

4-16     training program that complies with this section.

4-17           (b)  The training program must provide information to the

4-18     person regarding:

4-19                 (1)  the enabling legislation that created the

4-20     commission;

4-21                 (2)  the programs operated by the commission;

4-22                 (3)  the role and functions of the commission;

4-23                 (4)  the rules of the commission with an emphasis on

4-24     the rules that relate to disciplinary and investigatory authority;

4-25                 (5)  the current budget for the commission;

 5-1                 (6)  the results of the most recent formal audit of the

 5-2     commission;

 5-3                 (7)  the requirements of the:

 5-4                       (A)  open meetings law, Chapter 551;

 5-5                       (B)  open records law, Chapter 552; and

 5-6                       (C)  administrative procedure law, Chapter 2001;

 5-7                 (8)  the requirements of the conflict of interests laws

 5-8     and other laws relating to public officials; and

 5-9                 (9)  any applicable ethics policies adopted by the

5-10     agency or the Texas Ethics Commission.

5-11           (c)  A person appointed to the commission is entitled to

5-12     reimbursement for travel expenses incurred in attending the

5-13     training program, as provided by the General Appropriations Act and

5-14     as if the person were a member of the commission.

5-15           SECTION 1.05.  Section 419.008, Government Code, is amended

5-16     to read as follows:

5-17           Sec. 419.008.  GENERAL POWERS AND DUTIES.  (a)  The

5-18     commission may adopt rules for its internal management and control

5-19     and for the administration of its powers and duties.

5-20           (b)  The commission shall perform the duties assigned to the

5-21     commission under this chapter or other law.

5-22           (c)  The commission shall perform duties assigned by law to

5-23     the Commission on Fire Protection Personnel Standards and Education

5-24     or to the Fire Department Emergency Board.

5-25           (d)  [The commission shall provide for the appointment and

 6-1     supervision of the state fire marshal in accordance with Chapter

 6-2     417.]

 6-3           [(e)]  The commission may accept gifts, grants, and

 6-4     contributions from private individuals or foundations and from the

 6-5     federal government.

 6-6           (e) [(f)]  The commission shall report to the governor

 6-7     annually and to the legislature at each regular session on the

 6-8     commission's activities.  The commission may make recommendations

 6-9     in those reports on matters under its jurisdiction.  The commission

6-10     may make other reports in its discretion.

6-11           (f) [(g)  The commission may make or encourage studies of

6-12     fire protection, including fire administration.]

6-13           [(h)  The commission may conduct research to improve fire

6-14     protection and fire administration and may stimulate research by

6-15     public and private agencies for that purpose.]

6-16           [(i)  The commission may, on the request of a public or

6-17     nonprofit entity with duties related to fire protection, advise or

6-18     assist the entity in relation to those duties.]

6-19           [(j)]  The commission may appoint advisory committees to

6-20     assist it in the performance of its duties.  A member of an

6-21     advisory committee appointed by the commission or otherwise

6-22     appointed under this chapter may not receive compensation for

6-23     service on the advisory committee.  A member appointed under this

6-24     chapter is entitled to receive reimbursement, subject to any

6-25     applicable limitation on reimbursement provided by the General

 7-1     Appropriations Act, for actual and necessary expenses incurred in

 7-2     performing services as a member of the advisory committee.

 7-3           [(k)  The commission may use pertinent and timely facts

 7-4     relating to fires to develop educational programs and disseminate

 7-5     materials necessary to educate the public effectively regarding

 7-6     methods of fire prevention and safety.]

 7-7           SECTION 1.06.  Subchapter A, Chapter 419, Government Code, is

 7-8     amended by adding Section 419.0082 to read as follows:

 7-9           Sec. 419.0082.  RULEMAKING.  (a)  In adopting or amending a

7-10     rule under Section 419.008(a) or any other law, the commission

7-11     shall seek the input of the fire fighter advisory committee and,

7-12     when appropriate, the funds allocation advisory committee.  The

7-13     commission shall permit the appropriate advisory committee to

7-14     review and comment on any proposed rule, including a proposed

7-15     amendment to a rule, before the rule is adopted.

7-16           (b)  The commission may not adopt a rule, including an

7-17     amendment to a rule, before the commission meeting held after the

7-18     commission meeting at which the rule is first proposed.

7-19           (c)  This section does not apply to an emergency rule adopted

7-20     under Section 2001.034.

7-21           SECTION 1.07.  Subsections (d), (e), (f), and (g), Section

7-22     419.009, Government Code, are amended to read as follows:

7-23           (d)  The executive director or the executive director's

7-24     designee shall develop an intraagency career ladder program that

7-25     addresses opportunities for mobility and advancement for employees

 8-1     within the commission.  The program shall require intraagency

 8-2     postings of all [nonentry level] positions concurrently with any

 8-3     public posting.

 8-4           (e)  The executive director or the executive director's

 8-5     designee shall develop a system of annual performance evaluations

 8-6     that are based on documented employee performance.  All merit pay

 8-7     for commission employees must be based on the system established

 8-8     under this subsection.

 8-9           (f)  The executive director or the executive director's

8-10     designee shall prepare and maintain a written policy statement to

8-11     assure implementation of a program of equal employment opportunity

8-12     under which all personnel transactions are made without regard to

8-13     race, color, disability [handicap], sex, religion, age, or national

8-14     origin.  The policy statement must include:

8-15                 (1)  personnel policies, including policies relating to

8-16     recruitment, evaluation, selection, appointment, training, and

8-17     promotion of personnel that are in compliance with the requirements

8-18     of Chapter 21, Labor Code;

8-19                 (2)  a comprehensive analysis of the commission work

8-20     force that meets federal and state laws, rules, regulations, and

8-21     instructions directly adopted under those laws, rules, or

8-22     regulations [guidelines];

8-23                 (3)  procedures by which a determination can be made

8-24     about the extent of underuse [of significant underutilization] in

8-25     the commission work force of all persons for whom federal or state

 9-1     laws, rules, regulations, and instructions directly adopted under

 9-2     those laws, rules, or regulations [guidelines] encourage a more

 9-3     equitable balance; and

 9-4                 (4)  reasonable methods to appropriately address those

 9-5     areas of underuse [significant underutilization].

 9-6           (g)  A policy statement prepared under Subsection (f) must

 9-7     cover an annual period, be updated [at least] annually and reviewed

 9-8     by the Commission on Human Rights for compliance with Subsection

 9-9     (f)(1), and be filed with the governor's office.

9-10           SECTION 1.08.  Subchapter A, Chapter 419, Government Code, is

9-11     amended by adding Section 419.0091 to read as follows:

9-12           Sec. 419.0091.  GENERAL COUNSEL.  The commission may employ

9-13     not more than one attorney.  The attorney shall serve as general

9-14     counsel of the commission.

9-15           SECTION 1.09.  Sections 419.010 and 419.011, Government Code,

9-16     are amended to read as follows:

9-17           Sec. 419.010.  FISCAL REPORT.  The commission shall prepare

9-18     [file] annually [with the governor and the presiding officer of

9-19     each house of the legislature] a complete and detailed written

9-20     report accounting for all funds received and disbursed by the

9-21     commission during the preceding fiscal year.  The annual report

9-22     must meet the reporting requirements applicable to financial

9-23     reporting provided in [be in the form and reported in the time

9-24     provided by] the General Appropriations Act.

9-25           Sec. 419.011.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.

 10-1    (a)  The commission shall prepare information of public interest

 10-2    describing the functions of the commission and the commission's

 10-3    procedures by which complaints are filed with and resolved by the

 10-4    commission.  The commission shall make the information available to

 10-5    the public and appropriate state agencies.

 10-6          (b)  The commission shall keep a [an information] file about

 10-7    each written complaint filed with the commission that the

 10-8    commission has authority to resolve.  The commission shall provide

 10-9    to the person filing the complaint and the persons or entities

10-10    complained about the commission's policies and procedures

10-11    pertaining to complaint investigation and resolution.  The [If a

10-12    written complaint is filed with the commission that the commission

10-13    has authority to resolve, the] commission, at least quarterly and

10-14    until final disposition of the complaint, shall notify the person

10-15    filing the complaint and the persons or entities complained about

10-16    [parties to the complaint] of the status of the complaint unless

10-17    the notice would jeopardize an undercover investigation.

10-18          (c)  The commission shall keep information about each

10-19    complaint filed with the commission.  The information shall

10-20    include:

10-21                (1)  the date the complaint is received;

10-22                (2)  the name of the complainant;

10-23                (3)  the subject matter of the complaint;

10-24                (4)  a record of all persons contacted in relation to

10-25    the complaint;

 11-1                (5)  a summary of the results of the review or

 11-2    investigation of the complaint; and

 11-3                (6)  for complaints for which the agency took no

 11-4    action, an explanation of the reason the complaint was closed

 11-5    without action.

 11-6          (d)  The commission shall comply with federal and state laws

 11-7    related to program and facility accessibility.  The executive

 11-8    director [commission] shall also  prepare and maintain a written

 11-9    plan that describes how a person who does not speak English [or who

11-10    has a physical, mental, or developmental disability] can be

11-11    provided reasonable access to the commission's programs.

11-12          SECTION 1.10.  Section 419.053, Government Code, is amended

11-13    to read as follows:

11-14          Sec. 419.053.  GENERAL POWERS AND DUTIES OF COMMISSION UNDER

11-15    THIS SUBCHAPTER.  (a)  The commission shall:

11-16                (1)  administer the fire department emergency program

11-17    as provided by this subchapter and commission rules;

11-18                (2)  contract with professional experts as necessary to

11-19    assist the commission in carrying out its powers and duties under

11-20    this subchapter;

11-21                (3)  adopt rules for the administration of this

11-22    subchapter;

11-23                (4)  adopt and use a seal;

11-24                (5)  administer oaths and take testimony on matters

11-25    within the commission's jurisdiction under this subchapter;

 12-1                (6)  keep an accurate record of its meetings, receipts,

 12-2    and disbursements;

 12-3                (7)  submit to the presiding officers of each house of

 12-4    the legislature an annual report of the commission's activities

 12-5    under this subchapter; and

 12-6                (8)  consider and approve or disapprove applications

 12-7    for scholarships, grants, loans, and other financial assistance as

 12-8    provided by this subchapter.

 12-9          (b)  The rules adopted under Subsection (a)(3) must include

12-10    rules establishing criteria to be used in the evaluation of

12-11    applications for grants and loans with the assistance of staff.

12-12          SECTION 1.11.  Subsections (a), (c), and (d), Section

12-13    419.054, Government Code, are amended to read as follows:

12-14          (a)  The funds allocation advisory committee is composed of

12-15    six members.  Three members are appointed by the State Firemen's

12-16    and Fire Marshals' Association of Texas.  Three members are

12-17    appointed by the Texas State Association of Fire Fighters.  A

12-18    committee member serves for a term of one year, but is subject to

12-19    removal by the commission [at the will of the authority that

12-20    appointed the member].  A vacancy on the committee caused by

12-21    removal of a member by the commission shall be filled by the

12-22    authority that appointed the member who was removed.

12-23          (c)  The committee shall assist the commission in matters

12-24    relating to the administration of this subchapter.  The committee

12-25    periodically shall review commission rules relating to the program

 13-1    and recommend changes in the rules to the commission.

 13-2    [Notwithstanding Chapter 2001.031, the commission shall submit all

 13-3    proposed changes and additions to the rules that relate to the

 13-4    program to the committee for development.  If the commission does

 13-5    not approve a rule developed by the committee, the commission shall

 13-6    indicate to the committee the reasons that the commission did not

 13-7    approve the rule and return the rule to the committee for further

 13-8    development.]

 13-9          (d)  The committee shall review and evaluate all applications

13-10    for financial assistance under this subchapter according to the

13-11    rules and procedures adopted by the commission.  The committee

13-12    shall recommend to the commission which applications should be

13-13    approved and which applications should be disapproved.  A complete

13-14    listing of applicants shall be provided to the commission with full

13-15    disclosure of the reasons for approval or disapproval.  If the

13-16    commission does not concur with the committee's recommendation, the

13-17    commission shall indicate to the committee the reasons that the

13-18    commission did not concur with the recommendation and return the

13-19    applications regarding which the commission did not concur to the

13-20    committee for further review and evaluation.

13-21          SECTION 1.12.  Section 419.063, Government Code, is amended

13-22    to read as follows:

13-23          Sec. 419.063. LIMITATION ON SCHOLARSHIPS, GRANTS, LOANS, AND

13-24    OTHER FINANCIAL ASSISTANCE; USE OF APPROPRIATED FUNDS.  (a)  The

13-25    commission may not make awards or loans under this subchapter to

 14-1    any one applicant in a total amount that is greater than an amount

 14-2    equal to five percent of the total amount of money appropriated to

 14-3    the program for the fiscal year during which the award or loan is

 14-4    made.

 14-5          (b)  The commission may not approve an application if the

 14-6    current appropriations for the program are insufficient to pay the

 14-7    total amount requested under the application.

 14-8          (c)  The commission may not use money appropriated for

 14-9    scholarships, grants, loans, and other financial assistance to be

14-10    awarded under this subchapter for the administrative expenses of

14-11    the commission or of the funds allocation advisory committee.

14-12          SECTION 1.13.  Sections 419.902 and 419.903, Government Code,

14-13    are amended to read as follows:

14-14          Sec. 419.902.  COORDINATION WITH FIREMEN'S TRAINING SCHOOL.

14-15    The commission and the director of the Texas Engineering Extension

14-16    Service of The Texas A&M University System shall enter into a

14-17    memorandum of understanding to coordinate the responsibilities of

14-18    the commission with the training provided by the firemen's training

14-19    school operated under Section 86.16, Education Code.  [The

14-20    commission and the director shall review and update the memorandum

14-21    of understanding not later than the last month of each state fiscal

14-22    year.]

14-23          Sec. 419.903.  COORDINATION WITH TEXAS FOREST SERVICE.  The

14-24    commission and the director of the Texas Forest Service shall enter

14-25    into a memorandum of understanding to coordinate the provision of

 15-1    training assistance and other assistance to fire-fighting entities.

 15-2    [The commission and the director shall review and update the

 15-3    memorandum of understanding not later than the last month of each

 15-4    state fiscal year.]

 15-5          SECTION 1.14.  The terms of the members of the funds

 15-6    allocation advisory committee serving on the effective date of this

 15-7    Act under Section 419.054, Government Code, expire September 1,

 15-8    1998.

 15-9          SECTION 1.15.  (a)  The terms of the members of the Texas

15-10    Commission on Fire Protection serving on the effective date of this

15-11    Act expire, and that policy-making body as it existed immediately

15-12    before the effective date of this Act is abolished, on the

15-13    effective date of this Act.

15-14          (b)  As soon as practicable after the effective date of this

15-15    Act, the governor shall make appointments to the Texas Commission

15-16    on Fire Protection to accomplish the membership plan for the

15-17    commission established by Section 419.004, Government Code, as

15-18    amended by this Act.  This section does not prohibit a person who

15-19    is a member of the commission on the effective date of this Act and

15-20    who possesses the qualifications required under Section 419.004, as

15-21    amended by this Act, from being reappointed to the commission under

15-22    this subsection.

15-23          (c)  In making appointments under this section, the governor

15-24    shall ensure that the staggering of the terms of the members of the

15-25    Texas Commission on Fire Protection is appropriately apportioned as

 16-1    required by Section 30a, Article XVI, Texas Constitution.

 16-2                  ARTICLE 2.  CERTIFICATION AND LICENSING

 16-3                        FUNCTIONS OF THE COMMISSION

 16-4          SECTION 2.01.  Section 419.021, Government Code, is amended

 16-5    to read as follows:

 16-6          Sec. 419.021.  DEFINITIONS.  [(a)]  In this subchapter:

 16-7                (1)  "Aircraft fire fighting and rescue fire protection

 16-8    personnel" means permanent, [fully paid,] full-time local

 16-9    governmental employees who, as a permanent duty assignment, fight

16-10    aircraft fires at airports, stand by for potential crash landings,

16-11    and perform aircraft crash rescue.

16-12                (2)  "Fire department" means a department of a local

16-13    government that is staffed by [with one or more] permanent, [fully

16-14    paid,] full-time employees of the local government and that is

16-15    organized to prevent or suppress fires.

16-16                (3)  "Fire protection personnel" means:

16-17                      (A)  permanent, [fully paid,] full-time law

16-18    enforcement officers designated as fire and arson investigators by

16-19    an appropriate local authority;  [or]

16-20                      (B)  aircraft crash and rescue fire protection

16-21    personnel; or

16-22                      (C)  permanent, [fully paid,] full-time fire

16-23    department employees who are not secretaries, stenographers,

16-24    clerks, budget analysts, or similar support staff persons or other

16-25    administrative employees and who are assigned duties in one or more

 17-1    of the following categories:

 17-2                            (i)  fire suppression;

 17-3                            (ii)  fire inspection;

 17-4                            (iii)  fire and arson investigation;

 17-5                            (iv)  marine fire fighting;

 17-6                            (v)  aircraft crash fire fighting and

 17-7    rescue;

 17-8                            (vi)  fire training;

 17-9                            (vii)  fire education;

17-10                            (viii)  fire administration; and

17-11                            (ix)  any other position necessarily or

17-12    customarily related to fire prevention and suppression.

17-13                (4)  "Local government" means a municipality, a county,

17-14    a special-purpose district or authority, or any other political

17-15    subdivision of the state.

17-16                (5)  "Marine fire protection personnel" means

17-17    permanent, [fully paid,] full-time local governmental employees who

17-18    work aboard a fireboat and fight fires that occur on or adjacent to

17-19    a waterway, waterfront, channel, or turning basin.

17-20                (6)  "Protective clothing" means garments, including

17-21    turnout coats, bunker coats, bunker pants, boots, gloves, trousers,

17-22    helmets, and protective hoods, worn by fire protection personnel in

17-23    the course of performing fire-fighting operations.

17-24          [(b)  In this subchapter, an officer or employee of a fire

17-25    department or other department of a local government is considered

 18-1    fully paid if the officer's or employee's annual compensation for

 18-2    performing one or more duties listed under Subsection (a)(3)(B),

 18-3    including the value of benefits and reimbursement for expenses, is

 18-4    at least equal to the amount of compensation a person would receive

 18-5    working 2,080 hours at the federal minimum wage.]

 18-6          [(c)  In this subchapter, an officer or employee of a fire

 18-7    department or other department of a local government is considered

 18-8    a full-time employee if the officer or employee works an average of

 18-9    40 or more hours per week or averages approximately 40 or more

18-10    hours per week during a work cycle, as appropriate, performing one

18-11    or more duties listed under Subsection (a)(3)(B).]

18-12          SECTION 2.02.  Subchapter B, Chapter 419, Government Code, is

18-13    amended by adding Section 419.0225 to read as follows:

18-14          Sec. 419.0225.  CERTAIN RULES PROHIBITED.  (a)  The

18-15    commission may not adopt rules restricting competitive bidding or

18-16    advertising by a certificate holder except to prohibit false,

18-17    misleading, or deceptive practices.

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

18-19    practices, the commission may not include a rule that:

18-20                (1)  restricts the use of any medium for advertising;

18-21                (2)  restricts the use of a certificate holder's

18-22    personal appearance or voice in an advertisement;

18-23                (3)  relates to the size or duration of an

18-24    advertisement by the certificate holder; or

18-25                (4)  restricts the certificate holder's advertisement

 19-1    under a trade name.

 19-2          SECTION 2.03.  Section 419.023, Government Code, is amended

 19-3    to read as follows:

 19-4          Sec. 419.023.  FIRE FIGHTER [PROTECTION PERSONNEL] ADVISORY

 19-5    COMMITTEE.  (a)  The commission shall establish a fire fighter

 19-6    [protection personnel] advisory committee to assist the commission

 19-7    in matters relating to fire protection personnel, volunteer fire

 19-8    fighters, [and] fire departments, and volunteer fire departments.

 19-9    The committee shall be composed of nine members appointed by the

19-10    commission.

19-11          (b)  Six members of the committee must be fire protection

19-12    personnel or retired fire protection personnel who collectively

19-13    represent various areas in the field of fire protection.  Three

19-14    members of the committee must be certified instructors of fire

19-15    protection personnel.  At least one member of the committee must be

19-16    a volunteer fire fighter or volunteer fire chief.

19-17          (c)  A committee member serves at the will of the commission.

19-18          (d) [(b)]  The committee shall elect a member of the

19-19    committee as the presiding officer of the committee.  The committee

19-20    shall meet at least twice each calendar year at the call of the

19-21    presiding officer or at the call of the commission.

19-22          (e) [(c)]  The committee periodically shall review commission

19-23    rules relating to fire protection personnel, [and] fire

19-24    departments, and other fire fighters and fire fighting

19-25    organizations that are subject to regulation under this subchapter

 20-1    and recommend changes in the rules to the commission.

 20-2    [Notwithstanding Chapter 2001.031, the commission shall submit all

 20-3    proposed changes and additions to the rules that relate to fire

 20-4    protection personnel and fire departments to the committee for

 20-5    development.  If the commission does not approve a rule developed

 20-6    by the committee, the commission shall indicate to the committee

 20-7    the reasons that the commission did not approve the rule and return

 20-8    the rule to the committee for further development.]

 20-9          SECTION 2.04.  Subchapter B, Chapter 419, Government Code, is

20-10    amended by adding Section 419.0341 to read as follows:

20-11          Sec. 419.0341.  INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE

20-12    RENEWAL.  (a)  Notwithstanding any other provision of this

20-13    subchapter, fire protection personnel certified under this

20-14    subchapter may continue to hold and renew the certificate without

20-15    regard to whether the person continues to be employed by a local

20-16    authority or fire department.

20-17          (b)  Former fire protection personnel who are no longer

20-18    employed by a local authority or fire department may renew an

20-19    unexpired certificate before the expiration of the certificate by:

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

20-21    of completion of any required professional education; and

20-22                (2)  paying to the commission the required renewal fee.

20-23          (c)  If a person's certificate has been expired for 30 days

20-24    or less, the person may renew the certificate by:

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

 21-1    of completion of any required professional education; and

 21-2                (2)  paying to the commission the required renewal fee

 21-3    and a fee that is one-half of the certification fee for the

 21-4    certificate.

 21-5          (d)  If a person's certificate has been expired for longer

 21-6    than 30 days but less than one year, the person may renew the

 21-7    certificate by:

 21-8                (1)  submitting evidence satisfactory to the commission

 21-9    of completion of any required professional education; and

21-10                (2)  paying to the commission all unpaid renewal fees

21-11    and a fee that is equal to the certification fee.

21-12          (e)  If a person's certificate has been expired for one year

21-13    or longer, the person may not renew the certificate.

21-14          (f)  After receiving notice that a person is no longer

21-15    employed by a local authority or fire department, the commission,

21-16    at least 30 days before the expiration of a person's certificate,

21-17    shall send written notice of the impending certificate expiration

21-18    to the last known address of the person according to the records of

21-19    the commission.

21-20          (g)  The commission shall establish by rule the requirements

21-21    evidence must meet to be considered satisfactory for the purpose of

21-22    complying with this section.

21-23          (h)  Notwithstanding any other law, the commission may by

21-24    rule establish a procedure to recertify a person if:

21-25                (1)  the person's certification has lapsed because of

 22-1    the person's good faith clerical error, including the person's

 22-2    failure to submit fees in a timely manner; or

 22-3                (2)  the person's certification has lapsed as a result

 22-4    of termination of the person's employment and the person has been

 22-5    restored to employment as a result of a disciplinary procedure.

 22-6          SECTION 2.05.  Subchapter B, Chapter 419, Government Code, is

 22-7    amended by adding Section 419.0365 to read as follows:

 22-8          Sec. 419.0365.  DISCIPLINARY HEARING.  If the commission

 22-9    proposes to suspend, revoke, or refuse to renew a person's

22-10    certificate, the person is entitled to a hearing conducted by the

22-11    State Office of Administrative Hearings.  Proceedings for a

22-12    disciplinary action are governed by the administrative procedure

22-13    law, Chapter 2001.  Rules of practice adopted by the commission

22-14    under Section 2001.004 applicable to the proceedings for a

22-15    disciplinary action may not conflict with rules adopted by the

22-16    State Office of Administrative Hearings.

22-17          SECTION 2.06.  Subchapter B, Chapter 419, Government Code, is

22-18    amended by adding Section 419.043 to read as follows:

22-19          Sec. 419.043.  REQUIRED TRAINING IN CERTAIN MUNICIPALITIES.

22-20    A municipality with a population of at least 1,000,000 shall not

22-21    permit or require fire protection personnel to perform fire

22-22    suppression or emergency medical services within the municipality

22-23    unless the fire protection personnel have received state

22-24    certification training by the municipality's fire department in a

22-25    training facility owned and operated by the municipality.

 23-1          SECTION 2.07.  Subchapter D, Chapter 419, Government Code, is

 23-2    amended to read as follows:

 23-3        SUBCHAPTER D.  VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS

 23-4          Sec. 419.071.  VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER

 23-5    FIRE FIGHTERS AND FIRE DEPARTMENTS.  (a)  The commission shall

 23-6    develop a voluntary certification program for volunteer fire

 23-7    fighters and volunteer fire departments.  The program must include

 23-8    the same components and requirements as the certification program

 23-9    established under Subchapter B.  The certification program for

23-10    volunteer fire fighters and volunteer fire departments may take

23-11    into account the different circumstances of volunteer fire

23-12    fighters in establishing deadlines for completion of various

23-13    components or requirements of the program.

23-14          (b)  A certificate for a given type and level of

23-15    certification that is issued under the certification program

23-16    established under this section is equivalent to a certificate for

23-17    the same type and level issued under Subchapter B.  The certificate

23-18    is subject to the same issuance and renewal requirements as a

23-19    certificate issued under Subchapter B, and a certificate holder may

23-20    be disciplined and regulated in the same manner as provided by

23-21    Subchapter B.  [Components of the program developed by the

23-22    commission shall include voluntary certification of volunteer fire

23-23    fighters, voluntary certification of facilities that train

23-24    volunteer fire fighters, and voluntary inspection and certification

23-25    of protective clothing and self-contained breathing apparatus of

 24-1    volunteer fire departments.  A volunteer fire fighter or other

 24-2    entity that chooses to become certified under a component of the

 24-3    commission's certification program under this subchapter is subject

 24-4    to commission rules that relate to that component.]

 24-5          [(b)  The commission shall contract with a statewide

 24-6    organization whose members include both volunteer and paid fire

 24-7    fighters to administer and implement the program.  The commission

 24-8    in the contract shall reserve the right to evaluate the

 24-9    administration and implementation of the program under the contract

24-10    and the right to observe and to require information from the other

24-11    party to the contract so that the commission may perform a

24-12    meaningful evaluation.]

24-13          (c)  A volunteer fire fighter, volunteer fire department, or

24-14    facility that provides training to volunteer fire fighters is not

24-15    required to participate in any component of the commission's

24-16    program under this chapter.  A volunteer fire fighter, volunteer

24-17    fire department, or facility that provides training to volunteer

24-18    fire fighters may on request participate in one or more components

24-19    of the program under this subchapter as appropriate.  The volunteer

24-20    fire department with which a volunteer fire fighter is affiliated

24-21    may, but is not required to, pay the certificate fee for a

24-22    volunteer fire fighter certified under this subchapter.

24-23          (d)  At least 30 days before the expiration of a volunteer

24-24    fire fighter's certificate, the commission shall send written

24-25    notice of the impending certificate expiration to the last known

 25-1    address of the fire fighter according to the records of the

 25-2    commission.  [The program shall make available to volunteer fire

 25-3    fighters the same level of training that is made available to paid

 25-4    fire protection personnel and recruits through the commission's

 25-5    basic certification program under Subchapter B, but in a way that

 25-6    takes into account the circumstances of volunteer fire fighters.]

 25-7          [(e)  The commission by rule may:]

 25-8                [(1)  establish qualifications relating to minimum age,

 25-9    education, and physical and mental condition required for

25-10    certification under this subchapter;]

25-11                [(2)  establish standards relating to training programs

25-12    and to continuing education under this subchapter;]

25-13                [(3)  establish the training components required for

25-14    certification under this subchapter;]

25-15                [(4)  establish testing procedures for certification

25-16    candidates and procedures to test the satisfactory completion of

25-17    training components; and]

25-18                [(5)  recognize other training for credit towards

25-19    certification under this chapter.]

25-20          [(f)  Qualifications established for persons under this

25-21    section may only be qualifications for certification and may not be

25-22    qualifications for entering a certification program.]

25-23          Sec. 419.072[.  VOLUNTEER FIRE FIGHTER ADVISORY COMMITTEE.

25-24    (a)  The commission shall establish a volunteer fire fighter

25-25    advisory committee to assist the commission in matters relating to

 26-1    volunteer fire fighters and volunteer fire departments.  The

 26-2    committee shall be composed of nine members appointed by the

 26-3    commission.  Six members must be volunteer fire fighters who

 26-4    collectively represent various areas in the field of fire

 26-5    protection.  Three members must be instructors of volunteer fire

 26-6    fighters.  Six of the nine members must be appointed from a list

 26-7    submitted each year before September 1 to the commission by the

 26-8    State Firemen's and Fire Marshals' Association of Texas.  A

 26-9    committee member:]

26-10                [(1)  serves at the will of the commission;]

26-11                [(2)  serves for a one-year term that expires February

26-12    1; and]

26-13                [(3)  may be reappointed to the committee after the

26-14    expiration of a term.]

26-15          [(b)  The committee shall elect a member of the committee as

26-16    presiding officer of the committee.  The committee shall meet at

26-17    least twice each calendar year at the call of the presiding officer

26-18    or at the call of the commission.]

26-19          [(c)  The committee shall develop and recommend to the

26-20    commission for approval the rules of the program under this

26-21    subchapter.  The committee periodically shall review commission

26-22    rules relating to the commission's program under this subchapter

26-23    and recommend changes in the rules to the commission.

26-24    Notwithstanding Chapter 2001.031, the commission shall submit all

26-25    proposed rules and all proposed changes and additions to the rules

 27-1    that relate to the program under this subchapter to the committee

 27-2    for development.  If the commission does not approve a rule

 27-3    developed by the committee, the commission shall indicate to the

 27-4    committee the reasons that the commission did not approve the rule

 27-5    and return the rule to the committee for further development.]

 27-6          [Sec. 419.073.  CERTIFICATION FEE.  The commission shall set

 27-7    and collect a fee of not more than $10 for each certificate issued

 27-8    under this subchapter designed to recover the commission's costs

 27-9    under this subchapter.  The commission may choose to pay the fee

27-10    out of money appropriated for the implementation of Subchapter C.]

27-11          [Sec. 419.074.  RECOGNITION OF CERTAIN PRIOR CERTIFICATIONS.

27-12    (a)  The commission shall, on application, certify a person under

27-13    the commission's program under this subchapter if the person

27-14    received an advanced certificate from the State Firemen's and Fire

27-15    Marshals' Association of Texas before September 1, 1993.]

27-16          [(b)  A volunteer fire fighter who receives an advanced

27-17    certificate from the State Firemen's and Fire Marshals' Association

27-18    of Texas after September 1, 1993, shall on application be certified

27-19    under this subchapter:]

27-20                [(1)  if the commission determines that the standards

27-21    under which the volunteer fire fighter received the advanced

27-22    certificate are at least as stringent as the applicable standards

27-23    in effect for that certificate on January 1, 1993; and]

27-24                [(2)  after the successful completion of an examination

27-25    administered by the commission for the purpose of certification

 28-1    under this subchapter.]

 28-2          [Sec. 419.075].  OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER

 28-3    [BECOMING CERTIFIED UNDER SUBCHAPTER B].  (a)  Notwithstanding

 28-4    anything to the contrary in Subchapter B, a fire department may

 28-5    appoint as fire protection personnel a [A] volunteer fire fighter

 28-6    or former volunteer fire fighter who is certified by the commission

 28-7    under this subchapter.  On receiving the appointment from the

 28-8    employing fire department, the person is considered to be certified

 28-9    fire protection personnel [is eligible to be certified to be fire

28-10    protection personnel under Subchapter B  if the person successfully

28-11    completes the fire protection personnel examination administered

28-12    under Subchapter B on the first or second attempt.  A volunteer

28-13    fire fighter who is certified by the commission under this

28-14    subchapter and who does not successfully complete the fire

28-15    protection personnel examination administered under Subchapter B on

28-16    the first or second attempt is eligible to be certified to be fire

28-17    protection personnel under Subchapter B only after completing a

28-18    commission-approved certification program under Subchapter B and

28-19    subsequent successful completion of the fire protection personnel

28-20    examination administered under Subchapter B].

28-21          (b)  In this section, "fire department" has the meaning

28-22    assigned by Section 419.021.

28-23          Sec. 419.073.  INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE

28-24    RENEWAL.  (a)  A volunteer fire fighter certified under this

28-25    subchapter may continue to hold and renew the certificate without

 29-1    regard to whether the person continues to be affiliated with a

 29-2    volunteer fire department.

 29-3          (b)  A former volunteer fire fighter who is no longer

 29-4    affiliated with a volunteer fire department may renew an unexpired

 29-5    certificate before the expiration of the certificate by:

 29-6                (1)  submitting evidence satisfactory to the commission

 29-7    of completion of any required professional education; and

 29-8                (2)  paying to the commission the required renewal fee.

 29-9          (c)  If a person's certificate has been expired for 30 days

29-10    or less, the person may renew the certificate by:

29-11                (1)  submitting evidence satisfactory to the commission

29-12    of completion of any required professional education; and

29-13                (2)  paying to the commission the required renewal fee

29-14    and a fee that is one-half of the certification fee for the

29-15    certificate.

29-16          (d)  If a person's certificate has been expired for longer

29-17    than 30 days but less than one year, the person may renew the

29-18    certificate by:

29-19                (1)  submitting evidence satisfactory to the commission

29-20    of completion of any required professional education; and

29-21                (2)  paying to the commission all unpaid renewal fees

29-22    and a fee that is equal to the certification fee.

29-23          (e)  If a person's certificate has been expired for one year

29-24    or longer, the person may not renew the certificate.

29-25          (f)  The commission shall establish by rule the requirements

 30-1    evidence must meet to be considered satisfactory for the purpose of

 30-2    complying with this section.

 30-3          (g)  Notwithstanding any other law, the commission may by

 30-4    rule establish a procedure to recertify a person if:

 30-5                (1)  the person's certification has lapsed because of

 30-6    the person's good faith clerical error, including the person's

 30-7    failure to submit fees in a timely manner; or

 30-8                (2)  the person's certification has lapsed as a result

 30-9    of termination of the person's employment and the person has been

30-10    restored to employment as a result of a disciplinary procedure.

30-11          SECTION 2.08.  Subchapter F, Chapter 411, Government Code, is

30-12    amended by adding Section 411.1236 to read as follows:

30-13          Sec. 411.1236.  ACCESS TO CRIMINAL HISTORY RECORD

30-14    INFORMATION:  TEXAS COMMISSION ON FIRE PROTECTION.  (a)  This

30-15    section applies only to a circumstance in which:

30-16                (1)  the Texas Commission on Fire Protection:

30-17                      (A)  issues or renews to an individual a license,

30-18    permit, certificate, or other similar authorization; and

30-19                      (B)  is authorized or required by law to obtain

30-20    criminal history record information relating to the individual; and

30-21                (2)  another person, including a state agency or local

30-22    government:

30-23                      (A)  is authorized or required to obtain the same

30-24    information; and

30-25                      (B)  did obtain that information not earlier than

 31-1    the 90th day before the date on which the individual makes an

 31-2    application to the Texas Commission on Fire Protection for issuance

 31-3    or renewal of the license, permit, certificate, or other similar

 31-4    authorization.

 31-5          (b)  In a circumstance described by Subsection (a), the Texas

 31-6    Commission on Fire Protection shall obtain criminal history record

 31-7    information from the person who has obtained the required

 31-8    information as described by Subsection (a)(2).  On request from the

 31-9    Texas Commission on Fire Protection under this section, the person

31-10    shall provide the information to the Texas Commission on Fire

31-11    Protection.

31-12          (c)  Notwithstanding any other law or rule, the Texas

31-13    Commission on Fire Protection may disclose to the following persons

31-14    the fact that issuance or renewal of a license, permit,

31-15    certificate, or similar authorization was denied because of

31-16    criminal history record information:

31-17                (1)  the individual who applied for the license,

31-18    permit, certificate, or similar authorization; and

31-19                (2)  if the individual is requesting certification

31-20    under Subchapter B or D, Chapter 419, the local authority, fire

31-21    department, or volunteer fire department for which the fire

31-22    protection personnel or volunteer fire fighter would provide

31-23    services.

31-24          (d)  The Texas Commission on Fire Protection may not disclose

31-25    the content of the criminal history record information under

 32-1    Subsection (c)(2).

 32-2          SECTION 2.09.  The heading of Subchapter B, Chapter 419,

 32-3    Government Code, is amended to read as follows:

 32-4         SUBCHAPTER B.  REGULATING AND ASSISTING FIRE FIGHTERS AND

 32-5          [FULLY PAID LOCAL FIRE PROTECTION PERSONNEL AND LOCAL]

 32-6                             FIRE DEPARTMENTS

 32-7          SECTION 2.10.  The fire protection personnel advisory

 32-8    committee is abolished.  As soon as possible on or after the

 32-9    effective date of this Act, the Texas Commission on Fire Protection

32-10    shall establish and make appointments to the fire fighter advisory

32-11    committee under Section 419.023, Government Code, as amended by

32-12    this Act.

32-13          SECTION 2.11.  The volunteer fire fighter advisory committee

32-14    established under Section 419.072, Government Code, is abolished.

32-15          SECTION 2.12.  The change in law made by Section 419.0365,

32-16    Government Code, as added by this Act, applies only to a

32-17    disciplinary proceeding commenced on or after the effective date of

32-18    this Act.  A disciplinary proceeding commenced before the effective

32-19    date of this Act is governed by the law in effect immediately

32-20    before the effective date of this Act, and that law is continued in

32-21    effect for this purpose.

32-22                    ARTICLE 3.  THE STATE FIRE MARSHAL

32-23          SECTION 3.01.  Sections 417.001, 417.002, 417.003, 417.004,

32-24    417.005, and 417.0051, Government Code, are amended to read as

32-25    follows:

 33-1          Sec. 417.001.  DEFINITIONS [DEFINITION].  In this chapter:

 33-2                (1)  "Commissioner" means the commissioner of

 33-3    insurance.

 33-4                (2)  "Department" means the Texas Department of

 33-5    Insurance[, "commission" means the Texas Commission on Fire

 33-6    Protection].

 33-7          Sec. 417.002.  APPOINTMENT AND TENURE.  The state fire

 33-8    marshal is appointed by the commissioner [executive director of the

 33-9    commission subject to approval by the commission].  The state fire

33-10    marshal serves at the pleasure of the commissioner [commission] and

33-11    may be discharged at any time.  The [commission shall require the]

33-12    state fire marshal shall [to] report to the commissioner

33-13    [commission through the executive director].

33-14          Sec. 417.003.  STATUS AS STATE-COMMISSIONED OFFICER.  The

33-15    state fire marshal is a state-commissioned officer and functions in

33-16    that capacity subject to rules of the commissioner [commission].

33-17          Sec. 417.004.  GENERAL POWERS AND DUTIES.  (a)  The state

33-18    fire marshal, under the supervision of the commissioner

33-19    [commission], shall administer and enforce applicable provisions of

33-20    the Insurance Code and other law relating to the state fire

33-21    marshal.  The commissioner [commission] shall perform the

33-22    supervisory and rule-making functions previously performed by the

33-23    Texas Commission on Fire Protection [State Board of Insurance]

33-24    under this subsection.  The commissioner and the commission [and

33-25    the board] shall transfer information between the two agencies as

 34-1    necessary to allow the agencies to perform their statutory duties.

 34-2    The commissioner and the commission [and the board] may make and

 34-3    adopt by rule memoranda of understanding as necessary to coordinate

 34-4    their respective duties.

 34-5          (b)  The state fire marshal is the chief investigator in

 34-6    charge of the investigation of arson and suspected arson in the

 34-7    state.

 34-8          (c)  The state fire marshal may make or encourage studies of

 34-9    fire protection, including fire administration.

34-10          (d)  The state fire marshal may conduct research to improve

34-11    fire protection and fire administration and may stimulate research

34-12    by public and private agencies for that purpose.

34-13          (e)  The state fire marshal may, on the request of a public

34-14    or nonprofit entity with duties related to fire protection, advise

34-15    or assist the entity in relation to those duties.

34-16          Sec. 417.005.  ADOPTION OF RULES.  The commissioner

34-17    [commission], after consulting with the state fire marshal, may

34-18    adopt necessary rules to guide the state fire marshal and fire and

34-19    arson investigators commissioned by the state fire marshal in the

34-20    investigation of arson, fire, and suspected arson and in the

34-21    performance of other duties for the commissioner [commission].

34-22          Sec. 417.0051.  FIRE PREVENTION AND SAFETY EDUCATION.  The

34-23    commissioner [commission], through the state fire marshal, may use

34-24    pertinent and timely facts relating to fires to develop educational

34-25    programs and disseminate materials necessary to educate the public

 35-1    effectively regarding methods of fire prevention and safety.

 35-2          SECTION 3.02.  Chapter 417, Government Code, is amended by

 35-3    adding Section 417.0052 to read as follows:

 35-4          Sec. 417.0052.  TEXAS FIRE INCIDENT REPORTING SYSTEM.  The

 35-5    state fire marshal, under the direction of the commissioner, is

 35-6    responsible for maintaining and administering the Texas Fire

 35-7    Incident Reporting System.

 35-8          SECTION 3.03.  Section 417.006, Government Code, is amended

 35-9    to read as follows:

35-10          Sec. 417.006.  FIRE AND ARSON INVESTIGATORS.  The state fire

35-11    marshal may commission peace officers to act as fire and arson

35-12    investigators under his supervision and to perform other law

35-13    enforcement duties assigned to the commissioner and the state fire

35-14    marshal [commission] by law.  The state fire marshal may revoke a

35-15    peace officer's commission under this section for just cause.

35-16          SECTION 3.04.  Subsections (a) and (c), Section 417.007,

35-17    Government Code, are amended to read as follows:

35-18          (a)  The state fire marshal shall immediately investigate a

35-19    fire occurring in this state in which property is destroyed if the

35-20    commissioner [commission] directs the investigation or, in the

35-21    discretion of the commissioner [commission], if the investigation

35-22    is requested by:

35-23                (1)  the mayor, fire chief, fire marshal, or police

35-24    chief of a municipality in which a fire occurs;

35-25                (2)  a county or district judge, sheriff, county fire

 36-1    marshal, chief or fire marshal of a fire department in an

 36-2    unincorporated area, or county attorney of a county in which a fire

 36-3    occurs;

 36-4                (3)  a fire insurance company interested in a loss or

 36-5    the company's general, state, or special agent;

 36-6                (4)  an insurance policyholder, property owner, or

 36-7    lessee sustaining a fire loss;

 36-8                (5)  a justice of the peace or a constable of a

 36-9    precinct in which a fire occurs; or

36-10                (6)  officials of a state or federal law enforcement

36-11    agency or local or special governmental district involved or

36-12    interested in a fire loss that occurred in this state.

36-13          (c)  The state fire marshal shall conduct the investigation

36-14    at the place of the fire and before an insured loss may be paid.

36-15    The state fire marshal shall ascertain, if possible, whether the

36-16    fire was caused intentionally, carelessly, or accidentally.  The

36-17    state fire marshal shall make a written report of the investigation

36-18    to the commissioner [commission].

36-19          SECTION 3.05.  Subsection (e), Section 417.008, Government

36-20    Code, is amended to read as follows:

36-21          (e)  The commissioner [commission] may adopt by rule any

36-22    appropriate standard developed by a nationally recognized

36-23    standards-making association under which the state fire marshal may

36-24    enforce this section, except that standards adopted by rule under

36-25    this subsection do not apply in a geographic area under the

 37-1    jurisdiction of a local government that has adopted fire protection

 37-2    ordinances that apply in the geographic area.

 37-3          SECTION 3.06.  Section 417.0081, Government Code, is amended

 37-4    to read as follows:

 37-5          Sec. 417.0081.  INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.

 37-6    The state fire marshal, at the commissioner's [commission's]

 37-7    direction, shall periodically inspect public buildings under the

 37-8    charge and control of the General Services Commission [and shall

 37-9    take any action authorized by the commission to protect the

37-10    buildings and their occupants from an existing or threatened fire

37-11    hazard].

37-12          SECTION 3.07.  Section 419.0081, Government Code, is

37-13    transferred to Chapter 417, Government Code, renumbered as Section

37-14    417.0082, and amended to read as follows:

37-15          Sec. 417.0082 [419.0081].  PROTECTION OF CERTAIN STATE-OWNED

37-16    BUILDINGS AGAINST FIRE HAZARDS.  (a)  The state fire marshal, under

37-17    the direction of the commissioner, [commission] shall take any

37-18    action necessary to protect a public building under the charge and

37-19    control of the General Services Commission, and the building's

37-20    occupants, against an existing or threatened fire hazard.

37-21          (b)  The commissioner [commission] and the General Services

37-22    Commission shall make and each adopt by rule a memorandum of

37-23    understanding that coordinates the agency's duties under this

37-24    section.

37-25          SECTION 3.08.  Section 419.901, Government Code, is

 38-1    transferred to Chapter 417, Government Code, renumbered as Section

 38-2    417.0083, and amended to read as follows:

 38-3          Sec. 417.0083 [419.901].  FIRE SUPPRESSION RATINGS [KEY RATE]

 38-4    SCHEDULE.  (a)  [The commission shall review the key rate schedule

 38-5    of the State Board of Insurance at least once every four years.

 38-6    The commission shall recommend changes that the commission believes

 38-7    should be made in the schedule to the board.]

 38-8          [(b)  The commission shall inspect municipalities, using the

 38-9    key rate schedule, recommend the key rate to the State Board of

38-10    Insurance for its approval, and report information obtained as a

38-11    result of the inspection to the board.  If the board does not

38-12    approve a rate recommended by the commission, the board shall

38-13    inform the commission of the reason and the commission shall

38-14    recommend another rate.]

38-15          [(c)]  The state fire marshal shall perform duties as

38-16    directed by the commissioner [commission and the State Board of

38-17    Insurance shall adopt a memorandum of understanding that

38-18    coordinates their respective duties] relating to the department's

38-19    fire suppression ratings [key rate] schedule.

38-20          (b)  The state fire marshal may provide technical assistance

38-21    to paid fire departments, volunteer fire departments, and local

38-22    governments responding to the use of the fire suppression ratings

38-23    schedule.

38-24          SECTION 3.09.  Subsection (b), Section 417.009, Government

38-25    Code, is amended to read as follows:

 39-1          (b)  The designated person has the same authority with

 39-2    respect to the investigation as is provided by this chapter for the

 39-3    state fire marshal.  The designated person is entitled to

 39-4    compensation as provided by the commissioner [action of the

 39-5    commission].

 39-6          SECTION 3.10.  Section 417.010, Government Code, is amended

 39-7    to read as follows:

 39-8          Sec. 417.010.  ALTERNATE REMEDIES.  The state fire marshal,

 39-9    in the enforcement of a law that is enforced by or through the

39-10    state fire marshal, may in lieu of cancelling, revoking, or

39-11    suspending a license or certificate of registration impose on the

39-12    holder of the license or certificate of registration an order

39-13    directing the holder to do one or more of the following:

39-14                (1)  cease and desist from a specified activity;

39-15                (2)  remit to the commissioner [commission] within a

39-16    specified time a monetary forfeiture not to exceed $10,000 for each

39-17    violation of an applicable law or rule; and

39-18                (3)  make restitution to a person harmed by the

39-19    holder's violation of an applicable law or rule.

39-20          SECTION 3.11.  Section 417.0041, Government Code, is

39-21    repealed.

39-22        ARTICLE 4.  FUNCTIONS OF THE TEXAS DEPARTMENT OF INSURANCE

39-23          SECTION 4.01.  Subsection (b), Section 7, Article 5.43-1,

39-24    Insurance Code, is amended to read as follows:

39-25          (b)  The commissioner, through the State Fire Marshal, may

 40-1    suspend, revoke, or refuse to issue or renew a license, apprentice

 40-2    permit, hydrostatic testing certificate, certificate of

 40-3    registration, or approval of a testing laboratory in accordance

 40-4    with Section 13  of this article [State Board of Insurance may

 40-5    through the State Fire Marshal conduct hearings or proceedings

 40-6    concerning the suspension, revocation, or refusal of the issuance

 40-7    or renewal of licenses, apprentice permits, hydrostatic testing

 40-8    certificates, certificates of registration, or approvals of testing

 40-9    laboratories issued under this article or the application to

40-10    suspend, revoke, refuse to renew, or refuse to issue the same].

40-11          SECTION 4.02.  Article 5.43-1, Insurance Code, is amended by

40-12    adding Section 8A to read as follows:

40-13          Sec. 8A.  CERTAIN RULES PROHIBITED.  (a)  The commissioner

40-14    may not adopt rules restricting competitive bidding or advertising

40-15    by the holder of a license, permit, certificate, or approval issued

40-16    under this article except to prohibit false, misleading, or

40-17    deceptive practices.

40-18          (b)  In the commissioner's rules to prohibit false,

40-19    misleading, or deceptive practices, the commissioner may not

40-20    include a rule that:

40-21                (1)  restricts the use of any medium for advertising;

40-22                (2)  restricts the use of a license, permit,

40-23    certificate, or approval holder's personal appearance or voice in

40-24    an advertisement;

40-25                (3)  relates to the size or duration of an

 41-1    advertisement by the license, permit, certificate, or approval

 41-2    holder; or

 41-3                (4)  restricts the license, permit, certificate, or

 41-4    approval holder's advertisement under a trade name.

 41-5          SECTION 4.03.  Section 9, Article 5.43-1, Insurance Code, is

 41-6    amended to read as follows:

 41-7          Sec. 9.  FIRE EXTINGUISHER ADVISORY COUNCIL [DELEGATION OF

 41-8    POWER BY STATE BOARD OF INSURANCE].  (a)  The commissioner [State

 41-9    Board of Insurance] may delegate the exercise of all or part of the

41-10    commissioner's [its] functions, powers, and duties under this

41-11    article, except for the issuance of licenses, certificates, and

41-12    permits, to a Fire Extinguisher Advisory Council whose members

41-13    shall be appointed by the commissioner [State Board of Insurance].

41-14    The council shall assist in the review and formulation of rules

41-15    adopted under this article and shall periodically review rules

41-16    implementing this article and recommend changes in the rules to the

41-17    commissioner [in accordance with Section 417.0041, Government

41-18    Code].

41-19          (b)  The members of the council shall be experienced and

41-20    knowledgeable in one or more of the following areas:  fire

41-21    services, fire extinguisher manufacturing, fire insurance

41-22    inspection or underwriting, fire extinguisher servicing, or be a

41-23    member of a fire protection association or industrial safety

41-24    association.

41-25          SECTION 4.04.  Article 5.43-1, Insurance Code, is amended by

 42-1    adding Section 13 to read as follows:

 42-2          Sec. 13.  DISCIPLINARY HEARING.  If the State Fire Marshal

 42-3    proposes to suspend, revoke, or refuse to renew a license, permit,

 42-4    certificate, or approval issued under this article, the holder of

 42-5    the license, permit, certificate, or approval is entitled to a

 42-6    hearing conducted by the State Office of Administrative Hearings.

 42-7    Proceedings for a disciplinary action are governed by the

 42-8    administrative procedure law, Chapter 2001, Government Code.  Rules

 42-9    of practice adopted by the commissioner applicable to the

42-10    proceedings for a disciplinary action may not conflict with rules

42-11    adopted by the State Office of Administrative Hearings.

42-12          SECTION 4.05.  Section 1, Article 5.43-2, Insurance Code, is

42-13    amended to read as follows:

42-14          Sec. 1.  PURPOSE.  The purpose of this article is to regulate

42-15    the planning, certifying, leasing, selling, servicing, installing,

42-16    monitoring, and maintaining of fire detection and fire alarm

42-17    devices and systems and, except as provided by rules adopted under

42-18    Section 6 of this article, to prohibit fire detection and fire

42-19    alarm devices, [and] equipment, and systems not labeled or listed

42-20    by a nationally recognized testing laboratory [approved by the

42-21    State Board of Insurance], in the interest of safeguarding lives

42-22    and property.

42-23          SECTION 4.06.  Subsections (a) and (b), Section 5, Article

42-24    5.43-2, Insurance Code, are amended to read as follows:

42-25          (a)  Each person or organization engaged in the business of

 43-1    planning, certifying, leasing, selling, servicing, installing,

 43-2    monitoring, or maintaining fire alarm or fire detection devices or

 43-3    systems shall have a certificate of registration issued by the

 43-4    commissioner [board].  The initial fee for the certificate of

 43-5    registration must be in an amount not to exceed $500 and the

 43-6    renewal fee for each year thereafter must be in an amount not to

 43-7    exceed $500.  The renewal fee for a person or organization engaged

 43-8    in the business of planning, certifying, leasing, selling,

 43-9    servicing, installing, monitoring, or maintaining exclusively

43-10    single station devices shall be in an amount not to exceed $250.  A

43-11    registered person or firm shall retain at least one fire alarm

43-12    technician, residential fire alarm superintendent or fire alarm

43-13    planning superintendent as an employee.  A registered person or

43-14    firm that is engaged in the business of planning, certifying,

43-15    leasing, selling, servicing, installing, monitoring, or maintaining

43-16    exclusively single station devices shall have at least one fire

43-17    alarm technician, residential fire alarm superintendent, or fire

43-18    alarm planning superintendent.  A limited certificate of

43-19    registration may be issued to persons or organizations whose

43-20    business is restricted to monitoring.

43-21          (b)  Each separate office location of a registered firm,

43-22    other than the location identified on the certificate of

43-23    registration, shall have a branch office registration certificate

43-24    issued by the commissioner [board].  The initial fee for this

43-25    branch office registration certificate must be in an amount not to

 44-1    exceed $150 and the renewal fee for each year thereafter must be in

 44-2    an amount not to exceed $150.  The commissioner [board] shall

 44-3    identify each branch office location as a part of a registered

 44-4    organization before a branch office registration certificate may be

 44-5    issued.  A registered person or firm that is engaged in the

 44-6    business of planning, certifying, leasing, selling, servicing,

 44-7    installing, monitoring, or maintaining exclusively single station

 44-8    devices shall not be required to apply for or obtain a branch

 44-9    office registration certificate for a separate office or location

44-10    of the registered firm.

44-11          SECTION 4.07.  Section 6, Article 5.43-2, Insurance Code, is

44-12    amended to read as follows:

44-13          Sec. 6.  POWERS AND DUTIES OF THE COMMISSIONER [STATE BOARD

44-14    OF INSURANCE].  (a)  The commissioner may adopt rules as necessary

44-15    to administer this article.  The rules may establish specialized

44-16    licenses and certificates of registration for organizations or

44-17    persons engaged in the business of planning, certifying, leasing,

44-18    selling, servicing, installing, monitoring, or maintaining fire

44-19    alarm or fire detection devices or systems.  The rules shall

44-20    establish appropriate training and qualification standards for each

44-21    kind of license and certificate of registration [board shall

44-22    delegate authority to exercise all or part of its functions,

44-23    powers, and duties under this article, including the issuance of

44-24    certificates and licenses, to the state fire marshal, and the state

44-25    fire marshal along with assistance of an advisory council to be

 45-1    appointed by the board shall implement such rules as may be

 45-2    determined by the board in accordance with Section 417.0041,

 45-3    Government Code to be essentially necessary for the protection and

 45-4    preservation of life and property in controlling:]

 45-5                [(1)  the registration of persons and organizations

 45-6    engaging in the business of planning, certifying, leasing, selling,

 45-7    servicing, installing, monitoring, or maintaining fire alarm or

 45-8    fire detection devices or systems; and]

 45-9                [(2)  the requirements for the planning, certifying,

45-10    leasing, selling, servicing, installing, monitoring, or maintaining

45-11    of fire alarm or fire detection devices or systems by:]

45-12                      [(A)  conducting examinations and evaluating the

45-13    qualifications of applicants for a certificate of registration to

45-14    engage in the business of planning, certifying, leasing, selling,

45-15    servicing, installing, monitoring, or maintaining fire alarm or

45-16    fire detection devices or systems;]

45-17                      [(B)  conducting examinations and evaluating the

45-18    qualifications of applicants for fire alarm technician, residential

45-19    fire alarm superintendent, or fire alarm planning superintendent

45-20    licenses;]

45-21                      [(C)  evaluating and determining which

45-22    organizations shall be approved as testing laboratories for the

45-23    purpose of this article; and]

45-24                      [(D)  evaluating and approving required training

45-25    programs for all persons who engage in the business of planning,

 46-1    certifying, leasing, selling, servicing, installing, monitoring, or

 46-2    maintaining fire alarm or fire detection devices or systems].

 46-3          (b)  The commissioner shall also adopt standards applicable

 46-4    to any fire alarm device, equipment, or system regulated under this

 46-5    article.  In adopting standards under this subsection, the

 46-6    commissioner may permit the operation of a fire alarm monitoring

 46-7    station that relies on fire alarm devices or equipment that is

 46-8    approved or listed by a nationally recognized testing laboratory,

 46-9    without regard to whether the monitoring station is approved or

46-10    listed by a nationally recognized testing laboratory [board may,

46-11    after notice and opportunity for hearing, increase or decrease the

46-12    limits of insurance coverage].

46-13          (c)  An advisory council appointed in accordance with

46-14    Subsection (d) of this section shall periodically review rules

46-15    implementing this article and recommend changes in the rules to the

46-16    commissioner.

46-17          (d)  The advisory council is appointed by the commissioner

46-18    and is composed of seven individuals as follows:

46-19                (1)  three individuals employed by any registered firm

46-20    in the fire protection industry who have a minimum of three years

46-21    experience in the sale, installation, maintenance, or manufacturing

46-22    of fire alarm or fire detection devices;

46-23                (2)  two individuals who must either be experienced in

46-24    the engineering of fire prevention services or be a member of a

46-25    fire protection association;

 47-1                (3)  one person experienced and employed by a

 47-2    municipality or county as a fire prevention officer; and

 47-3                (4)  one person who is employed by any registered firm

 47-4    and who has at least three years experience in the operation of a

 47-5    central fire alarm monitoring station.

 47-6          SECTION 4.08.  Article 5.43-2, Insurance Code, is amended by

 47-7    adding Sections 6A and 10A to read as follows:

 47-8          Sec. 6A.  CERTAIN RULES PROHIBITED.  (a)  The commissioner

 47-9    may not adopt rules restricting competitive bidding or advertising

47-10    by the holder of a license or registration issued under this

47-11    article except to prohibit false, misleading, or deceptive

47-12    practices.

47-13          (b)  In the commissioner's rules to prohibit false,

47-14    misleading, or deceptive practices, the commissioner may not

47-15    include a rule that:

47-16                (1)  restricts the use of any medium for advertising;

47-17                (2)  restricts the use of a license or registration

47-18    holder's personal appearance or voice in an advertisement;

47-19                (3)  relates to the size or duration of an

47-20    advertisement by the license or registration holder; or

47-21                (4)  restricts the license or registration holder's

47-22    advertisement under a trade name.

47-23          Sec. 10A.  DISCIPLINARY HEARING.  If the State Fire Marshal

47-24    proposes to suspend, revoke, or refuse to renew a license or

47-25    certificate of registration of a person, the person is entitled to

 48-1    a hearing conducted by the State Office of Administrative Hearings.

 48-2    Proceedings for a disciplinary action are governed by the

 48-3    administrative procedure law, Chapter 2001, Government Code.  Rules

 48-4    of practice adopted by the commissioner applicable to the

 48-5    proceedings for a disciplinary action may not conflict with rules

 48-6    adopted by the State Office of Administrative Hearings.

 48-7          SECTION 4.09.  Section 6, Article 5.43-3, Insurance Code, is

 48-8    amended to read as follows:

 48-9          Sec. 6.  ADVISORY COUNCIL.  (a)  The Fire Protection Advisory

48-10    Council is created.  The commissioner [board] shall appoint the

48-11    members of the advisory council, who shall serve at the pleasure of

48-12    the commissioner [board].

48-13          (b)  The advisory council, in addition to other duties

48-14    delegated by the commissioner [board], shall [in accordance with

48-15    Section 417.0041, Government Code]:

48-16                (1)  advise the State Fire Marshal concerning practices

48-17    in the fire protection sprinkler system industry and the rules

48-18    necessary to implement and administer this article; and

48-19                (2)  make recommendations to the State Fire Marshal

48-20    regarding forms and procedures for certificates of registration and

48-21    licenses.

48-22          (c)  The advisory council shall have seven members as

48-23    follows:

48-24                (1)  three individuals who have been actively engaged

48-25    in the management of a fire protection sprinkler system business

 49-1    for not less than five years preceding their appointment;

 49-2                (2)  one representative of the engineering section of

 49-3    the board's property division;

 49-4                (3)  one volunteer fire fighter [member of the State

 49-5    Firemen's and Fire Marshal's Association of Texas]; and

 49-6                (4)  one member from each of two fire departments of

 49-7    incorporated cities of this state.

 49-8          (d)  The advisory council shall periodically review rules

 49-9    implementing this article and recommend changes in the rules to the

49-10    commissioner.

49-11          (e)  The State Firemen's and Fire Marshals' Association of

49-12    Texas may, on request by the commissioner, recommend a volunteer

49-13    fire fighter for appointment to the advisory council.

49-14          SECTION 4.10.  Article 5.43-3, Insurance Code, is amended by

49-15    adding Sections 7A and 9A to read as follows:

49-16          Sec. 7A.  CERTAIN RULES PROHIBITED.  (a)  The commissioner

49-17    may not adopt rules restricting competitive bidding or advertising

49-18    by the holder of a certificate of registration, license, or permit

49-19    issued under this article except to prohibit false, misleading, or

49-20    deceptive practices.

49-21          (b)  In the commissioner's rules to prohibit false,

49-22    misleading, or deceptive practices, the commissioner may not

49-23    include a rule that:

49-24                (1)  restricts the use of any medium for advertising;

49-25                (2)  restricts the use of a certificate, license, or

 50-1    permit holder's personal appearance or voice in an advertisement;

 50-2                (3)  relates to the size or duration of an

 50-3    advertisement by the certificate, license, or permit holder; or

 50-4                (4)  restricts the certificate, license, or permit

 50-5    holder's advertisement under a trade name.

 50-6          Sec. 9A.  DISCIPLINARY HEARING.  If the State Fire Marshal

 50-7    proposes to suspend, revoke, or refuse to renew a certificate of

 50-8    registration, license, or permit of a person, the person is

 50-9    entitled to a hearing conducted by the State Office of

50-10    Administrative Hearings.  Proceedings for a disciplinary action are

50-11    governed by the administrative procedure law, Chapter 2001,

50-12    Government Code.  Rules of practice adopted by the commissioner

50-13    applicable to the proceedings for a disciplinary action may not

50-14    conflict with rules adopted by the State Office of Administrative

50-15    Hearings.

50-16          SECTION 4.11.  Section 5, Article 5.43-4, Insurance Code, is

50-17    amended to read as follows:

50-18          Sec. 5.  ADMINISTRATION.  The commissioner [board] shall

50-19    administer this article through the state fire marshal and may

50-20    issue rules for the commissioner's [its] administration in

50-21    accordance with Section 5B of this article [417.0041, Government

50-22    Code].  The commissioner [board], in promulgating rules, may use

50-23    standards recognized by federal law or regulation, and those

50-24    published by a nationally recognized standards-making organization.

50-25    Rules may not be adopted under this article that are more

 51-1    restrictive than the rules in effect on January 1, 1991, without

 51-2    specific statutory authority.

 51-3          SECTION 4.12.  Section 5B, Article 5.43-4, Insurance Code, is

 51-4    amended to read as follows:

 51-5          Sec. 5B.  ADVISORY COUNCIL.  (a)  The commissioner

 51-6    [commission] shall establish an advisory council to assist the

 51-7    commission in the administration of this article.  The council is

 51-8    composed of five members who must be representatives from the

 51-9    fireworks industry.  The[, three of whom must be appointed from a

51-10    list submitted to the commission by the] Texas Pyrotechnic

51-11    Association may, on request by the commissioner, recommend

51-12    individuals for appointment to the council.  A council member

51-13    serves at the will of the commissioner [commission].

51-14          (b)  The council shall periodically review rules relating to

51-15    the program and recommend changes in the rules to the commissioner.

51-16    Notwithstanding Section 2001.031, Government Code, the commissioner

51-17    shall submit all proposed changes and additions to the rules that

51-18    relate to administration of this article to the council for

51-19    development.  If the commissioner does not approve a rule developed

51-20    by the council, the commissioner shall indicate to the council the

51-21    reasons that the commissioner did not approve the rule and return

51-22    the rule to the council for further development [assist the

51-23    commission in the review and adoption of rules under this article

51-24    as provided by Section 417.0041, Government Code].

51-25          SECTION 4.13.  Article 5.43-4, Insurance Code, is amended by

 52-1    amending Section 18 and adding Sections 16A and 18A to read as

 52-2    follows:

 52-3          Sec. 16A.  CERTAIN RULES PROHIBITED.  (a)  The commissioner

 52-4    may not adopt rules restricting competitive bidding or advertising

 52-5    by the holder of a license or permit issued under this article

 52-6    except to prohibit false, misleading, or deceptive practices.

 52-7          (b)  In the commissioner's rules to prohibit false,

 52-8    misleading, or deceptive practices, the commissioner may not

 52-9    include a rule that:

52-10                (1)  restricts the use of any medium for advertising;

52-11                (2)  restricts the use of a license or permit  holder's

52-12    personal appearance or voice in an advertisement;

52-13                (3)  relates to the size or duration of an

52-14    advertisement by the license or permit holder; or

52-15                (4)  restricts the license or permit holder's

52-16    advertisement under a trade name.

52-17          Sec. 18.  ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF

52-18    [APPLICATIONS FOR AND HEARINGS ON] LICENSES AND PERMITS.  (a)  The

52-19    commissioner [board] shall adopt rules for applications and set

52-20    qualifications for licenses and permits.

52-21          (b)  The commissioner [board] may, through the state fire

52-22    marshal, suspend, revoke, or refuse to issue or renew [conduct

52-23    hearings or proceedings concerning the suspension, revocation, or

52-24    refusal to issue or renew] a license or permit.

52-25          (c)  A license or permit may be denied, suspended, or

 53-1    revoked, or renewal may be refused, if the commissioner [board],

 53-2    through the state fire marshal and after notice and a public

 53-3    hearing conducted under Section 18A of this article, finds that any

 53-4    provision of this article, or any rule promulgated under this

 53-5    article, has been violated.

 53-6          (d)  A person or organization that has a license or permit

 53-7    revoked may not reapply for the license or permit earlier than one

 53-8    year from the date of revocation.  A person reapplying under this

 53-9    subsection must request a public hearing on the reissuance of the

53-10    license or permit, and has the burden of proving that a license or

53-11    permit should be granted.

53-12          Sec. 18A.  DISCIPLINARY HEARING.  If the state fire marshal

53-13    proposes to suspend, revoke, or refuse to renew a license or permit

53-14    of a person, the person is entitled to a hearing conducted by the

53-15    State Office of Administrative Hearings.  Proceedings for a

53-16    disciplinary action are governed by the administrative procedure

53-17    law, Chapter 2001, Government Code.  Rules of practice adopted by

53-18    the commissioner applicable to the proceedings for a disciplinary

53-19    action may not conflict with rules adopted by the State Office of

53-20    Administrative Hearings.

53-21          SECTION 4.14.  The following laws are repealed:

53-22                (1)  Section 2A, Article 5.43-1, Insurance Code;

53-23                (2)  Subdivision (3), Section 2, Article 5.43-2,

53-24    Insurance Code;

53-25                (3)  Section 4A, Article 5.43-2, Insurance Code;

 54-1                (4)  Subdivision (4), Section 1, Article 5.43-3,

 54-2    Insurance Code;

 54-3                (5)  Section 3A, Article 5.43-3, Insurance Code; and

 54-4                (6)  Section 5A, Article 5.43-4, Insurance Code.

 54-5          SECTION 4.15.  The change in law made by Section 13, Article

 54-6    5.43-1, Insurance Code, Section 10A, Article 5.43-2, Insurance

 54-7    Code, Section 9A, Article 5.43-3, Insurance Code, and Section 18A,

 54-8    Article 5.43-4, Insurance Code, as added by this Act, applies only

 54-9    to a disciplinary proceeding commenced on or after the effective

54-10    date of this Act.  A disciplinary proceeding commenced before the

54-11    effective date of this Act is governed by the law in effect

54-12    immediately before the effective date of this Act, and that law is

54-13    continued in effect for this purpose.

54-14               ARTICLE 5.  DIVISION OF EMERGENCY MANAGEMENT

54-15          SECTION 5.01.  Subchapter E, Chapter 418, Government Code, is

54-16    amended by adding Section 418.110 to read as follows:

54-17          Sec. 418.110.  STATEWIDE MUTUAL AID PROGRAM FOR FIRE

54-18    EMERGENCIES.  The division, in consultation with the Texas

54-19    Commission on Fire Protection, shall develop a statewide mutual aid

54-20    program that specifies how and when the state will provide and

54-21    coordinate emergency assistance to local authorities during a fire

54-22    emergency.

54-23               ARTICLE 6.  TRANSFER OF FUNCTIONS AND DUTIES

54-24          SECTION 6.01.  (a)  The powers, duties, rights, obligations,

54-25    contracts, records, personnel, property, funds, and unspent

 55-1    appropriations of the Texas Commission on Fire Protection with

 55-2    respect to the commission's administration of Articles 5.43-1,

 55-3    5.43-2, 5.43-3, and 5.43-4, Insurance Code, and the operations of

 55-4    the state fire marshal or the Texas Fire Incident Reporting System

 55-5    are transferred to the Texas Department of Insurance.

 55-6          (b)  A rule of the Texas Commission on Fire Protection that

 55-7    relates to the commission's administration of Articles 5.43-1,

 55-8    5.43-2,  5.43-3, and 5.43-4, Insurance Code, or the operations of

 55-9    the state fire marshal or the Texas Fire Incident Reporting System

55-10    continues in effect as a rule of the Commissioner of Insurance

55-11    until superseded by a rule of the commissioner.

55-12          (c)  The state fire marshal serving on the effective date of

55-13    this Act continues to serve unless replaced by the Commissioner of

55-14    Insurance in accordance with Section 417.002, Government Code, as

55-15    amended by this Act.

55-16          (d)  Not later than January 1, 1998, the Texas Commission on

55-17    Fire Protection and the Commissioner of Insurance shall adopt a

55-18    memorandum of understanding to accomplish an orderly transfer in

55-19    accordance with this section.

55-20          SECTION 6.02.  (a)  Except as provided by Section 419.0091,

55-21    Government Code, as added by this Act, each person employed as an

55-22    attorney for the Texas Commission on Fire Protection, and any

55-23    unspent appropriations relating to the employment of these persons,

55-24    are transferred to the office of the attorney general to provide

55-25    legal assistance relating to programs administered by the Texas

 56-1    Commission on Fire Protection immediately before the effective date

 56-2    of this Act, as directed by the attorney general.

 56-3          (b)  Not later than January 1, 1998, the Texas Commission on

 56-4    Fire Protection and the attorney general shall adopt a memorandum

 56-5    of understanding to accomplish an orderly transfer in accordance

 56-6    with this section.

 56-7                 ARTICLE 7.  EFFECTIVE DATE AND EMERGENCY

 56-8          SECTION 7.01.  This Act takes effect September 1, 1997.

 56-9          SECTION 7.02.  The importance of this legislation and the

56-10    crowded condition of the calendars in both houses create an

56-11    emergency and an imperative public necessity that the

56-12    constitutional rule requiring bills to be read on three several

56-13    days in each house be suspended, and this rule is hereby suspended.