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.