75R15292 DLF-F
By Armbrister S.B. No. 371
Substitute the following for S.B. No. 371:
By Hill C.S.S.B. No. 371
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Commission
1-3 on Fire Protection.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. OPERATIONS OF THE COMMISSION
1-6 SECTION 1.01. Section 419.003, Government Code, is amended
1-7 to read as follows:
1-8 Sec. 419.003. SUNSET PROVISION. The Texas Commission on
1-9 Fire Protection is subject to Chapter 325 (Texas Sunset Act).
1-10 Unless continued in existence as provided by that chapter, the
1-11 commission is abolished and this chapter expires September 1, 2009
1-12 [1997].
1-13 SECTION 1.02. Section 419.004, Government Code, is amended
1-14 by amending Subsection (a) and adding Subsection (e) to read as
1-15 follows:
1-16 (a) The commission is composed of the following 12 members:
1-17 (1) two 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]
1-24 fire department [departments,] and one of whom must be employed by
2-1 a political subdivision with a population of less than 50,000[, one
2-2 must be employed by a political subdivision with a population of
2-3 50,000 to 200,000, and one must be employed by a political
2-4 subdivision with a population of more than 200,000];
2-5 (2) two members to be selected from a list of five
2-6 names submitted by the Texas State Association of Fire Fighters who
2-7 are [three] fire protection personnel as defined by Section 419.021
2-8 with the rank of battalion chief [captain] or below and who are
2-9 employed in fire departments or other appropriate local authorities
2-10 under the jurisdiction of the commission, [at least one of whom
2-11 must be actively involved in educating the public on fire
2-12 prevention as a significant part of the person's duties, and] one
2-13 of whom must be employed by a political subdivision with a
2-14 population of less than 50,000[, one must be employed by a
2-15 political subdivision with a population of 50,000 to 200,000, and
2-16 one must be employed by a political subdivision with a population
2-17 of more than 200,000];
2-18 (3) two members to be selected from a list of five
2-19 names submitted by the State Firemen's and Fire Marshals'
2-20 Association of Texas [three persons] who are volunteer fire chiefs
2-21 or volunteer fire fighters;
2-22 (4) one certified fire protection engineer;
2-23 (5) one certified arson investigator or certified fire
2-24 protection inspector; [and]
2-25 (6) one fire protection instructor from an institution
2-26 of higher education as defined by Section 61.003, Education Code;
2-27 and
3-1 (7) three public members.
3-2 (e) A person is not eligible for appointment as a public
3-3 member of the commission if the person or the person's spouse:
3-4 (1) is registered, certified, or licensed by the
3-5 commission;
3-6 (2) is employed by or participates in the management
3-7 of a business entity or other organization regulated by the
3-8 commission or receiving funds from the commission;
3-9 (3) owns or controls, directly or indirectly, more
3-10 than a 10 percent interest in a business entity or other
3-11 organization regulated by the commission or receiving funds from
3-12 the commission;
3-13 (4) uses or receives a substantial amount of tangible
3-14 goods, services, or funds from the commission, other than
3-15 compensation or reimbursement authorized by law for commission
3-16 membership, attendance, or expenses; or
3-17 (5) is a member of a paid or volunteer fire
3-18 department.
3-19 SECTION 1.03. Subsection (c), Section 419.005, Government
3-20 Code, is amended to read as follows:
3-21 (c) If the executive director has knowledge that a potential
3-22 ground for removal exists, the executive director shall notify the
3-23 presiding officer of the commission of the ground. The presiding
3-24 officer shall then notify the governor and the attorney general
3-25 that a potential ground for removal exists. If the potential
3-26 ground for removal involves the presiding officer, the executive
3-27 director shall notify the next highest ranking officer of the
4-1 commission, who shall notify the governor and the attorney general
4-2 that a potential ground for removal exists.
4-3 SECTION 1.04. Subchapter A, Chapter 419, Government Code, is
4-4 amended by adding Section 419.0071 to read as follows:
4-5 Sec. 419.0071. COMMISSION MEMBER TRAINING. (a) To be
4-6 eligible to take office as a member of the commission, a person
4-7 appointed to the commission must complete at least one course of a
4-8 training program that complies with this section.
4-9 (b) The training program must provide information to the
4-10 person regarding:
4-11 (1) the enabling legislation that created the
4-12 commission;
4-13 (2) the programs operated by the commission;
4-14 (3) the role and functions of the commission;
4-15 (4) the rules of the commission with an emphasis on
4-16 the rules that relate to disciplinary and investigatory authority;
4-17 (5) the current budget for the commission;
4-18 (6) the results of the most recent formal audit of the
4-19 commission;
4-20 (7) the requirements of the:
4-21 (A) open meetings law, Chapter 551;
4-22 (B) open records law, Chapter 552; and
4-23 (C) administrative procedure law, Chapter 2001;
4-24 (8) the requirements of the conflict of interests laws
4-25 and other laws relating to public officials; and
4-26 (9) any applicable ethics policies adopted by the
4-27 agency or the Texas Ethics Commission.
5-1 (c) A person appointed to the commission is entitled to
5-2 reimbursement for travel expenses incurred in attending the
5-3 training program, as provided by the General Appropriations Act and
5-4 as if the person were a member of the commission.
5-5 SECTION 1.05. Subchapter A, Chapter 419, Government Code, is
5-6 amended by adding Section 419.0082 to read as follows:
5-7 Sec. 419.0082. RULEMAKING. (a) In adopting or amending a
5-8 rule under Section 419.008(a) or any other law, the commission
5-9 shall seek the input of the appropriate advisory bodies to the
5-10 commission. The commission shall permit the appropriate advisory
5-11 body to review and comment on any proposed rule, including a
5-12 proposed amendment to a rule, before the rule is adopted.
5-13 (b) The commission may not adopt a rule, including an
5-14 amendment to a rule, before the commission meeting held after the
5-15 commission meeting at which the rule is first proposed.
5-16 (c) This section does not apply to an emergency rule adopted
5-17 under Section 2001.034.
5-18 SECTION 1.06. Subsections (d), (e), (f), and (g), Section
5-19 419.009, Government Code, are amended to read as follows:
5-20 (d) The executive director or the executive director's
5-21 designee shall develop an intraagency career ladder program that
5-22 addresses opportunities for mobility and advancement for employees
5-23 within the commission. The program shall require intraagency
5-24 postings of all [nonentry level] positions concurrently with any
5-25 public posting.
5-26 (e) The executive director or the executive director's
5-27 designee shall develop a system of annual performance evaluations
6-1 that are based on documented employee performance. All merit pay
6-2 for commission employees must be based on the system established
6-3 under this subsection.
6-4 (f) The executive director or the executive director's
6-5 designee shall prepare and maintain a written policy statement to
6-6 assure implementation of a program of equal employment opportunity
6-7 under which all personnel transactions are made without regard to
6-8 race, color, disability [handicap], sex, religion, age, or national
6-9 origin. The policy statement must include:
6-10 (1) personnel policies, including policies relating to
6-11 recruitment, evaluation, selection, appointment, training, and
6-12 promotion of personnel that are in compliance with the requirements
6-13 of Chapter 21, Labor Code;
6-14 (2) a comprehensive analysis of the commission work
6-15 force that meets federal and state laws, rules, regulations, and
6-16 instructions directly adopted under those laws, rules, or
6-17 regulations [guidelines];
6-18 (3) procedures by which a determination can be made
6-19 about the extent of underuse [of significant underutilization] in
6-20 the commission work force of all persons for whom federal or state
6-21 laws, rules, regulations, and instructions directly adopted under
6-22 those laws, rules, or regulations [guidelines] encourage a more
6-23 equitable balance; and
6-24 (4) reasonable methods to appropriately address those
6-25 areas of underuse [significant underutilization].
6-26 (g) A policy statement prepared under Subsection (f) must
6-27 cover an annual period, be updated [at least] annually and reviewed
7-1 by the Commission on Human Rights for compliance with Subsection
7-2 (f)(1), and be filed with the governor's office.
7-3 SECTION 1.07. Subchapter A, Chapter 419, Government Code, is
7-4 amended by adding Section 419.0091 to read as follows:
7-5 Sec. 419.0091. GENERAL COUNSEL. The commission may employ
7-6 an attorney to serve as general counsel of the commission and not
7-7 more than two other attorneys to serve under the direction of the
7-8 general counsel.
7-9 SECTION 1.08. Sections 419.010 and 419.011, Government Code,
7-10 are amended to read as follows:
7-11 Sec. 419.010. FISCAL REPORT. The commission shall prepare
7-12 [file] annually [with the governor and the presiding officer of
7-13 each house of the legislature] a complete and detailed written
7-14 report accounting for all funds received and disbursed by the
7-15 commission during the preceding fiscal year. The annual report
7-16 must meet the reporting requirements applicable to financial
7-17 reporting provided in [be in the form and reported in the time
7-18 provided by] the General Appropriations Act.
7-19 Sec. 419.011. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
7-20 (a) The commission shall prepare information of public interest
7-21 describing the functions of the commission and the commission's
7-22 procedures by which complaints are filed with and resolved by the
7-23 commission. The commission shall make the information available to
7-24 the public and appropriate state agencies.
7-25 (b) The commission shall keep a [an information] file about
7-26 each written complaint filed with the commission that the
7-27 commission has authority to resolve. The commission shall provide
8-1 to the person filing the complaint and the persons or entities
8-2 complained about the commission's policies and procedures
8-3 pertaining to complaint investigation and resolution. The [If a
8-4 written complaint is filed with the commission that the commission
8-5 has authority to resolve, the] commission, at least quarterly and
8-6 until final disposition of the complaint, shall notify the person
8-7 filing the complaint and the persons or entities complained about
8-8 [parties to the complaint] of the status of the complaint unless
8-9 the notice would jeopardize an undercover investigation.
8-10 (c) The commission shall keep information about each
8-11 complaint filed with the commission. The information shall
8-12 include:
8-13 (1) the date the complaint is received;
8-14 (2) the name of the complainant;
8-15 (3) the subject matter of the complaint;
8-16 (4) a record of all persons contacted in relation to
8-17 the complaint;
8-18 (5) a summary of the results of the review or
8-19 investigation of the complaint; and
8-20 (6) for complaints for which the agency took no
8-21 action, an explanation of the reason the complaint was closed
8-22 without action.
8-23 (d) The commission shall comply with federal and state laws
8-24 related to program and facility accessibility. The executive
8-25 director [commission] shall also prepare and maintain a written
8-26 plan that describes how a person who does not speak English [or who
8-27 has a physical, mental, or developmental disability] can be
9-1 provided reasonable access to the commission's programs.
9-2 SECTION 1.09. Section 419.053, Government Code, is amended
9-3 to read as follows:
9-4 Sec. 419.053. GENERAL POWERS AND DUTIES OF COMMISSION UNDER
9-5 THIS SUBCHAPTER. (a) The commission shall:
9-6 (1) administer the fire department emergency program
9-7 as provided by this subchapter and commission rules;
9-8 (2) contract with professional experts as necessary to
9-9 assist the commission in carrying out its powers and duties under
9-10 this subchapter;
9-11 (3) adopt rules for the administration of this
9-12 subchapter;
9-13 (4) adopt and use a seal;
9-14 (5) administer oaths and take testimony on matters
9-15 within the commission's jurisdiction under this subchapter;
9-16 (6) keep an accurate record of its meetings, receipts,
9-17 and disbursements;
9-18 (7) submit to the presiding officers of each house of
9-19 the legislature an annual report of the commission's activities
9-20 under this subchapter; and
9-21 (8) consider and approve or disapprove applications
9-22 for scholarships, grants, loans, and other financial assistance as
9-23 provided by this subchapter.
9-24 (b) The rules adopted under Subsection (a)(3) must include
9-25 rules establishing criteria to be used in the evaluation of
9-26 applications for grants and loans with the assistance of staff.
9-27 SECTION 1.10. Subsections (a), (c), and (d), Section
10-1 419.054, Government Code, are amended to read as follows:
10-2 (a) The funds allocation advisory committee is composed of
10-3 six members. Three members are appointed by the State Firemen's
10-4 and Fire Marshals' Association of Texas. Three members are
10-5 appointed by the Texas State Association of Fire Fighters. A
10-6 committee member serves for a term of one year, but is subject to
10-7 removal by the commission [at the will of the authority that
10-8 appointed the member]. A vacancy on the committee caused by
10-9 removal of a member by the commission shall be filled by the
10-10 authority that appointed the member who was removed.
10-11 (c) The committee shall assist the commission in matters
10-12 relating to the administration of this subchapter. The committee
10-13 periodically shall review commission rules relating to the program
10-14 and recommend changes in the rules to the commission.
10-15 [Notwithstanding Chapter 2001.031, the commission shall submit all
10-16 proposed changes and additions to the rules that relate to the
10-17 program to the committee for development. If the commission does
10-18 not approve a rule developed by the committee, the commission shall
10-19 indicate to the committee the reasons that the commission did not
10-20 approve the rule and return the rule to the committee for further
10-21 development.]
10-22 (d) The committee shall review and evaluate all applications
10-23 for financial assistance under this subchapter according to the
10-24 rules and procedures adopted by the commission. The committee
10-25 shall recommend to the commission which applications should be
10-26 approved and which applications should be disapproved. A complete
10-27 listing of applicants shall be provided to the commission with full
11-1 disclosure of the reasons for approval or disapproval. If the
11-2 commission does not concur with the committee's recommendation, the
11-3 commission shall indicate to the committee the reasons that the
11-4 commission did not concur with the recommendation and return the
11-5 applications regarding which the commission did not concur to the
11-6 committee for further review and evaluation.
11-7 SECTION 1.11. Section 419.063, Government Code, is amended
11-8 to read as follows:
11-9 Sec. 419.063. LIMITATION ON SCHOLARSHIPS, GRANTS, LOANS, AND
11-10 OTHER FINANCIAL ASSISTANCE; USE OF APPROPRIATED FUNDS. (a) The
11-11 commission may not make awards or loans under this subchapter to
11-12 any one applicant in a total amount that is greater than an amount
11-13 equal to five percent of the total amount of money appropriated to
11-14 the program for the fiscal year during which the award or loan is
11-15 made.
11-16 (b) The commission may not approve an application if the
11-17 current appropriations for the program are insufficient to pay the
11-18 total amount requested under the application.
11-19 (c) The commission may not use money appropriated for
11-20 scholarships, grants, loans, and other financial assistance to be
11-21 awarded under this subchapter for the administrative expenses of
11-22 the commission or of the funds allocation advisory committee.
11-23 SECTION 1.12. Section 419.087, Government Code, is amended
11-24 by adding Subsection (f) to read as follows:
11-25 (f) A local government which provided fire protection for
11-26 its citizens utilizing a fire department and fire protection
11-27 personnel as of May 31, 1997, may not thereafter provide fire
12-1 protection by utilizing an organization which is not a local
12-2 government, a department of local government, or a state or federal
12-3 agency and which provides fire protection for the local government
12-4 for profit under a contract or other agreement with the local
12-5 government without approval of a majority of the voters at an
12-6 election called for that purpose.
12-7 SECTION 1.13. Section 419.901, Government Code, is amended
12-8 to read as follows:
12-9 Sec. 419.901. FIRE SUPPRESSION RATINGS [KEY RATE] SCHEDULE.
12-10 (a) [The commission shall review the key rate schedule of the
12-11 State Board of Insurance at least once every four years. The
12-12 commission shall recommend changes that the commission believes
12-13 should be made in the schedule to the board.]
12-14 [(b) The commission shall inspect municipalities, using the
12-15 key rate schedule, recommend the key rate to the State Board of
12-16 Insurance for its approval, and report information obtained as a
12-17 result of the inspection to the board. If the board does not
12-18 approve a rate recommended by the commission, the board shall
12-19 inform the commission of the reason and the commission shall
12-20 recommend another rate.]
12-21 [(c)] The commission and the Texas Department [State Board]
12-22 of Insurance shall adopt a memorandum of understanding that
12-23 coordinates their respective duties relating to the department's
12-24 fire suppression ratings [key rate] schedule.
12-25 (b) The commission may provide technical assistance to paid
12-26 fire departments, volunteer fire departments, and local governments
12-27 responding to the use of the fire suppression rating schedule.
13-1 SECTION 1.14. Sections 419.902 and 419.903, Government Code,
13-2 are amended to read as follows:
13-3 Sec. 419.902. COORDINATION WITH FIREMEN'S TRAINING SCHOOL.
13-4 The commission and the director of the Texas Engineering Extension
13-5 Service of The Texas A&M University System shall enter into a
13-6 memorandum of understanding to coordinate the responsibilities of
13-7 the commission with the training provided by the firemen's training
13-8 school operated under Section 86.16, Education Code. [The
13-9 commission and the director shall review and update the memorandum
13-10 of understanding not later than the last month of each state fiscal
13-11 year.]
13-12 Sec. 419.903. COORDINATION WITH TEXAS FOREST SERVICE. The
13-13 commission and the director of the Texas Forest Service shall enter
13-14 into a memorandum of understanding to coordinate the provision of
13-15 training assistance and other assistance to fire-fighting entities.
13-16 [The commission and the director shall review and update the
13-17 memorandum of understanding not later than the last month of each
13-18 state fiscal year.]
13-19 SECTION 1.15. Section 417.0041, Government Code, is
13-20 repealed.
13-21 SECTION 1.16. (a) The changes in law made by this Act in
13-22 the qualifications of, and the prohibitions applying to, members of
13-23 the Texas Commission on Fire Protection do not affect the
13-24 entitlement of a member serving on the commission immediately
13-25 before September 1, 1997, to continue to carry out the functions of
13-26 the commission for the remainder of the member's term. The changes
13-27 in law apply only to a member appointed on or after September 1,
14-1 1997. This Act does not prohibit a person who is a member of the
14-2 commission on September 1, 1997, from being reappointed to the
14-3 commission if the person has the qualifications required for a
14-4 member under Chapter 419, Government Code, as amended by this Act.
14-5 (b) The governor shall make appointments to the commission
14-6 on or after the effective date of this Act as terms of members of
14-7 the commission expire and as vacancies in unexpired terms occur on
14-8 the commission to accomplish, as soon as possible, the membership
14-9 plan for the commission established by Section 419.004, Government
14-10 Code, as amended by this Act.
14-11 ARTICLE 2. CERTIFICATION AND LICENSING
14-12 FUNCTIONS OF THE COMMISSION
14-13 SECTION 2.01. Section 419.021, Government Code, is amended
14-14 to read as follows:
14-15 Sec. 419.021. DEFINITIONS. [(a)] In this subchapter:
14-16 (1) "Aircraft fire fighting and rescue fire protection
14-17 personnel" means permanent, [fully paid,] full-time local
14-18 governmental employees who, as a permanent duty assignment, fight
14-19 aircraft fires at airports, stand by for potential crash landings,
14-20 and perform aircraft crash rescue.
14-21 (2) "Fire department" means a department of a local
14-22 government that is staffed by [with one or more] permanent, [fully
14-23 paid,] full-time employees of the local government and that is
14-24 organized to prevent or suppress fires.
14-25 (3) "Fire protection personnel" means:
14-26 (A) permanent, [fully paid,] full-time law
14-27 enforcement officers designated as fire and arson investigators by
15-1 an appropriate local authority; [or]
15-2 (B) aircraft crash and rescue fire protection
15-3 personnel; or
15-4 (C) permanent, [fully paid,] full-time fire
15-5 department employees who are not secretaries, stenographers,
15-6 clerks, budget analysts, or similar support staff persons or other
15-7 administrative employees and who are assigned duties in one or more
15-8 of the following categories:
15-9 (i) fire suppression;
15-10 (ii) fire inspection;
15-11 (iii) fire and arson investigation;
15-12 (iv) marine fire fighting;
15-13 (v) aircraft crash fire fighting and
15-14 rescue;
15-15 (vi) fire training;
15-16 (vii) fire education;
15-17 (viii) fire administration; and
15-18 (ix) any other position necessarily or
15-19 customarily related to fire prevention and suppression.
15-20 (4) "Local government" means a municipality, a county,
15-21 a special-purpose district or authority, or any other political
15-22 subdivision of the state.
15-23 (5) "Marine fire protection personnel" means
15-24 permanent, [fully paid,] full-time local governmental employees who
15-25 work aboard a fireboat and fight fires that occur on or adjacent to
15-26 a waterway, waterfront, channel, or turning basin.
15-27 (6) "Protective clothing" means garments, including
16-1 turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
16-2 helmets, and protective hoods, worn by fire protection personnel in
16-3 the course of performing fire-fighting operations.
16-4 [(b) In this subchapter, an officer or employee of a fire
16-5 department or other department of a local government is considered
16-6 fully paid if the officer's or employee's annual compensation for
16-7 performing one or more duties listed under Subsection (a)(3)(B),
16-8 including the value of benefits and reimbursement for expenses, is
16-9 at least equal to the amount of compensation a person would receive
16-10 working 2,080 hours at the federal minimum wage.]
16-11 [(c) In this subchapter, an officer or employee of a fire
16-12 department or other department of a local government is considered
16-13 a full-time employee if the officer or employee works an average of
16-14 40 or more hours per week or averages approximately 40 or more
16-15 hours per week during a work cycle, as appropriate, performing one
16-16 or more duties listed under Subsection (a)(3)(B).]
16-17 SECTION 2.02. Subchapter B, Chapter 419, Government Code, is
16-18 amended by adding Section 419.0225 to read as follows:
16-19 Sec. 419.0225. CERTAIN RULES PROHIBITED. (a) The
16-20 commission may not adopt rules restricting competitive bidding or
16-21 advertising by a certificate holder except to prohibit false,
16-22 misleading, or deceptive practices.
16-23 (b) In its rules to prohibit false, misleading, or deceptive
16-24 practices, the commission may not include a rule that:
16-25 (1) restricts the use of any medium for advertising;
16-26 (2) restricts the use of a certificate holder's
16-27 personal appearance or voice in an advertisement;
17-1 (3) relates to the size or duration of an
17-2 advertisement by the certificate holder; or
17-3 (4) restricts the certificate holder's advertisement
17-4 under a trade name.
17-5 SECTION 2.03. Section 419.023, Government Code, is amended
17-6 to read as follows:
17-7 Sec. 419.023. FIRE FIGHTER [PROTECTION PERSONNEL] ADVISORY
17-8 COMMITTEE. (a) The commission shall establish a fire fighter
17-9 [protection personnel] advisory committee to assist the commission
17-10 in matters relating to fire protection personnel, volunteer fire
17-11 fighters, [and] fire departments, and volunteer fire departments.
17-12 The committee shall be composed of nine members appointed by the
17-13 commission.
17-14 (b) Six members of the committee must be fire protection
17-15 personnel or retired fire protection personnel who collectively
17-16 represent various areas in the field of fire protection. Three
17-17 members of the committee must be certified instructors of fire
17-18 protection personnel. At least one member of the committee must be
17-19 a volunteer fire fighter or volunteer fire chief.
17-20 (c) A committee member serves at the will of the commission.
17-21 (d) [(b)] The committee shall elect a member of the
17-22 committee as the presiding officer of the committee. The committee
17-23 shall meet at least twice each calendar year at the call of the
17-24 presiding officer or at the call of the commission.
17-25 (e) [(c)] The committee periodically shall review commission
17-26 rules relating to fire protection personnel, [and] fire
17-27 departments, and other fire fighters and fire fighting
18-1 organizations that are subject to regulation under this subchapter
18-2 and recommend changes in the rules to the commission.
18-3 [Notwithstanding Chapter 2001.031, the commission shall submit all
18-4 proposed changes and additions to the rules that relate to fire
18-5 protection personnel and fire departments to the committee for
18-6 development. If the commission does not approve a rule developed
18-7 by the committee, the commission shall indicate to the committee
18-8 the reasons that the commission did not approve the rule and return
18-9 the rule to the committee for further development.]
18-10 SECTION 2.04. Subchapter B, Chapter 419, Government Code, is
18-11 amended by adding Section 419.0341 to read as follows:
18-12 Sec. 419.0341. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
18-13 RENEWAL. (a) Notwithstanding any other provision of this
18-14 subchapter, fire protection personnel certified under this
18-15 subchapter may continue to hold and renew the certificate without
18-16 regard to whether the person continues to be employed by a local
18-17 authority or fire department.
18-18 (b) Former fire protection personnel who are no longer
18-19 employed by a local authority or fire department may renew an
18-20 unexpired certificate before the expiration of the certificate by:
18-21 (1) submitting evidence satisfactory to the commission
18-22 of completion of any required professional education; and
18-23 (2) paying to the commission the required renewal fee.
18-24 (c) If a person's certificate has been expired for 30 days
18-25 or less, the person may renew the certificate by:
18-26 (1) submitting evidence satisfactory to the commission
18-27 of completion of any required professional education; and
19-1 (2) paying to the commission the required renewal fee
19-2 and a fee that is one-half of the certification fee for the
19-3 certificate.
19-4 (d) If a person's certificate has been expired for longer
19-5 than 30 days but less than one year, the person may renew the
19-6 certificate by:
19-7 (1) submitting evidence satisfactory to the commission
19-8 of completion of any required professional education; and
19-9 (2) paying to the commission all unpaid renewal fees
19-10 and a fee that is equal to the certification fee.
19-11 (e) If a person's certificate has been expired for one year
19-12 or longer, the person may not renew the certificate.
19-13 (f) After receiving notice that a person is no longer
19-14 employed by a local authority or fire department, the commission,
19-15 at least 30 days before the expiration of a person's certificate,
19-16 shall send written notice of the impending certificate expiration
19-17 to the last known address of the person according to the records of
19-18 the commission.
19-19 (g) The commission shall establish by rule the requirements
19-20 evidence must meet to be considered satisfactory for the purpose of
19-21 complying with this section.
19-22 (h) Notwithstanding any other law, the commission may by
19-23 rule establish a procedure to recertify a person if:
19-24 (1) the person's certification has lapsed because of
19-25 the person's good faith clerical error, including the person's
19-26 failure to submit fees in a timely manner; or
19-27 (2) the person's certification has lapsed as a result
20-1 of termination of the person's employment and the person has been
20-2 restored to employment as a result of a disciplinary procedure.
20-3 SECTION 2.05. Subchapter B, Chapter 419, Government Code, is
20-4 amended by adding Section 419.0365 to read as follows:
20-5 Sec. 419.0365. DISCIPLINARY HEARING. If the commission
20-6 proposes to suspend, revoke, or refuse to renew a person's
20-7 certificate, the person is entitled to a hearing conducted by the
20-8 State Office of Administrative Hearings. Proceedings for a
20-9 disciplinary action are governed by the administrative procedure
20-10 law, Chapter 2001. Rules of practice adopted by the commission
20-11 under Section 2001.004 applicable to the proceedings for a
20-12 disciplinary action may not conflict with rules adopted by the
20-13 State Office of Administrative Hearings.
20-14 SECTION 2.06. Subchapter B, Chapter 419, Government Code, is
20-15 amended by adding Section 419.043 to read as follows:
20-16 Sec. 419.043. REQUIRED TRAINING IN CERTAIN MUNICIPALITIES.
20-17 A municipality with a population of at least 1,500,000 shall not
20-18 permit or require fire protection personnel to perform fire
20-19 suppression or emergency medical services within the municipality
20-20 unless the fire protection personnel have received state
20-21 certification training by the municipality's fire department in a
20-22 training facility owned and operated by the municipality.
20-23 SECTION 2.07. Subchapter D, Chapter 419, Government Code, is
20-24 amended to read as follows:
20-25 SUBCHAPTER D. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS
20-26 Sec. 419.071. VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER
20-27 FIRE FIGHTERS AND FIRE DEPARTMENTS. (a) The commission shall
21-1 develop a voluntary certification program for volunteer fire
21-2 fighters and volunteer fire departments. The program must include
21-3 the same components and requirements as the certification program
21-4 established under Subchapter B. The certification program for
21-5 volunteer fire fighters and volunteer fire departments may take
21-6 into account the different circumstances of volunteer fire
21-7 fighters in establishing deadlines for completion of various
21-8 components or requirements of the program.
21-9 (b) A certificate for a given type and level of
21-10 certification that is issued under the certification program
21-11 established under this section is equivalent to a certificate for
21-12 the same type and level issued under Subchapter B. The certificate
21-13 is subject to the same issuance and renewal requirements as a
21-14 certificate issued under Subchapter B, and a certificate holder may
21-15 be disciplined and regulated in the same manner as provided by
21-16 Subchapter B. [Components of the program developed by the
21-17 commission shall include voluntary certification of volunteer fire
21-18 fighters, voluntary certification of facilities that train
21-19 volunteer fire fighters, and voluntary inspection and certification
21-20 of protective clothing and self-contained breathing apparatus of
21-21 volunteer fire departments. A volunteer fire fighter or other
21-22 entity that chooses to become certified under a component of the
21-23 commission's certification program under this subchapter is subject
21-24 to commission rules that relate to that component.]
21-25 [(b) The commission shall contract with a statewide
21-26 organization whose members include both volunteer and paid fire
21-27 fighters to administer and implement the program. The commission
22-1 in the contract shall reserve the right to evaluate the
22-2 administration and implementation of the program under the contract
22-3 and the right to observe and to require information from the other
22-4 party to the contract so that the commission may perform a
22-5 meaningful evaluation.]
22-6 (c) A volunteer fire fighter, volunteer fire department, or
22-7 facility that provides training to volunteer fire fighters is not
22-8 required to participate in any component of the commission's
22-9 program under this chapter. A volunteer fire fighter, volunteer
22-10 fire department, or facility that provides training to volunteer
22-11 fire fighters may on request participate in one or more components
22-12 of the program under this subchapter as appropriate. The volunteer
22-13 fire department with which a volunteer fire fighter is affiliated
22-14 may, but is not required to, pay the certificate fee for a
22-15 volunteer fire fighter certified under this subchapter.
22-16 (d) At least 30 days before the expiration of a volunteer
22-17 fire fighter's certificate, the commission shall send written
22-18 notice of the impending certificate expiration to the last known
22-19 address of the fire fighter according to the records of the
22-20 commission. [The program shall make available to volunteer fire
22-21 fighters the same level of training that is made available to paid
22-22 fire protection personnel and recruits through the commission's
22-23 basic certification program under Subchapter B, but in a way that
22-24 takes into account the circumstances of volunteer fire fighters.]
22-25 [(e) The commission by rule may:]
22-26 [(1) establish qualifications relating to minimum age,
22-27 education, and physical and mental condition required for
23-1 certification under this subchapter;]
23-2 [(2) establish standards relating to training programs
23-3 and to continuing education under this subchapter;]
23-4 [(3) establish the training components required for
23-5 certification under this subchapter;]
23-6 [(4) establish testing procedures for certification
23-7 candidates and procedures to test the satisfactory completion of
23-8 training components; and]
23-9 [(5) recognize other training for credit towards
23-10 certification under this chapter.]
23-11 [(f) Qualifications established for persons under this
23-12 section may only be qualifications for certification and may not be
23-13 qualifications for entering a certification program.]
23-14 Sec. 419.072[. VOLUNTEER FIRE FIGHTER ADVISORY COMMITTEE.
23-15 (a) The commission shall establish a volunteer fire fighter
23-16 advisory committee to assist the commission in matters relating to
23-17 volunteer fire fighters and volunteer fire departments. The
23-18 committee shall be composed of nine members appointed by the
23-19 commission. Six members must be volunteer fire fighters who
23-20 collectively represent various areas in the field of fire
23-21 protection. Three members must be instructors of volunteer fire
23-22 fighters. Six of the nine members must be appointed from a list
23-23 submitted each year before September 1 to the commission by the
23-24 State Firemen's and Fire Marshals' Association of Texas. A
23-25 committee member:]
23-26 [(1) serves at the will of the commission;]
23-27 [(2) serves for a one-year term that expires February
24-1 1; and]
24-2 [(3) may be reappointed to the committee after the
24-3 expiration of a term.]
24-4 [(b) The committee shall elect a member of the committee as
24-5 presiding officer of the committee. The committee shall meet at
24-6 least twice each calendar year at the call of the presiding officer
24-7 or at the call of the commission.]
24-8 [(c) The committee shall develop and recommend to the
24-9 commission for approval the rules of the program under this
24-10 subchapter. The committee periodically shall review commission
24-11 rules relating to the commission's program under this subchapter
24-12 and recommend changes in the rules to the commission.
24-13 Notwithstanding Chapter 2001.031, the commission shall submit all
24-14 proposed rules and all proposed changes and additions to the rules
24-15 that relate to the program under this subchapter to the committee
24-16 for development. If the commission does not approve a rule
24-17 developed by the committee, the commission shall indicate to the
24-18 committee the reasons that the commission did not approve the rule
24-19 and return the rule to the committee for further development.]
24-20 [Sec. 419.073. CERTIFICATION FEE. The commission shall set
24-21 and collect a fee of not more than $10 for each certificate issued
24-22 under this subchapter designed to recover the commission's costs
24-23 under this subchapter. The commission may choose to pay the fee
24-24 out of money appropriated for the implementation of Subchapter C.]
24-25 [Sec. 419.074. RECOGNITION OF CERTAIN PRIOR CERTIFICATIONS.
24-26 (a) The commission shall, on application, certify a person under
24-27 the commission's program under this subchapter if the person
25-1 received an advanced certificate from the State Firemen's and Fire
25-2 Marshals' Association of Texas before September 1, 1993.]
25-3 [(b) A volunteer fire fighter who receives an advanced
25-4 certificate from the State Firemen's and Fire Marshals' Association
25-5 of Texas after September 1, 1993, shall on application be certified
25-6 under this subchapter:]
25-7 [(1) if the commission determines that the standards
25-8 under which the volunteer fire fighter received the advanced
25-9 certificate are at least as stringent as the applicable standards
25-10 in effect for that certificate on January 1, 1993; and]
25-11 [(2) after the successful completion of an examination
25-12 administered by the commission for the purpose of certification
25-13 under this subchapter.]
25-14 [Sec. 419.075]. OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER
25-15 [BECOMING CERTIFIED UNDER SUBCHAPTER B]. (a) Notwithstanding
25-16 anything to the contrary in Subchapter B, a fire department may
25-17 appoint as fire protection personnel a [A] volunteer fire fighter
25-18 or former volunteer fire fighter who is certified by the commission
25-19 under this subchapter. On receiving the appointment from the
25-20 employing fire department, the person is considered to be certified
25-21 fire protection personnel [is eligible to be certified to be fire
25-22 protection personnel under Subchapter B if the person successfully
25-23 completes the fire protection personnel examination administered
25-24 under Subchapter B on the first or second attempt. A volunteer
25-25 fire fighter who is certified by the commission under this
25-26 subchapter and who does not successfully complete the fire
25-27 protection personnel examination administered under Subchapter B on
26-1 the first or second attempt is eligible to be certified to be fire
26-2 protection personnel under Subchapter B only after completing a
26-3 commission-approved certification program under Subchapter B and
26-4 subsequent successful completion of the fire protection personnel
26-5 examination administered under Subchapter B].
26-6 (b) In this section, "fire department" has the meaning
26-7 assigned by Section 419.021.
26-8 Sec. 419.073. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
26-9 RENEWAL. (a) A volunteer fire fighter certified under this
26-10 subchapter may continue to hold and renew the certificate without
26-11 regard to whether the person continues to be affiliated with a
26-12 volunteer fire department.
26-13 (b) A former volunteer fire fighter who is no longer
26-14 affiliated with a volunteer fire department may renew an unexpired
26-15 certificate before the expiration of the certificate by:
26-16 (1) submitting evidence satisfactory to the commission
26-17 of completion of any required professional education; and
26-18 (2) paying to the commission the required renewal fee.
26-19 (c) If a person's certificate has been expired for 30 days
26-20 or less, the person may renew the certificate by:
26-21 (1) submitting evidence satisfactory to the commission
26-22 of completion of any required professional education; and
26-23 (2) paying to the commission the required renewal fee
26-24 and a fee that is one-half of the certification fee for the
26-25 certificate.
26-26 (d) If a person's certificate has been expired for longer
26-27 than 30 days but less than one year, the person may renew the
27-1 certificate by:
27-2 (1) submitting evidence satisfactory to the commission
27-3 of completion of any required professional education; and
27-4 (2) paying to the commission all unpaid renewal fees
27-5 and a fee that is equal to the certification fee.
27-6 (e) If a person's certificate has been expired for one year
27-7 or longer, the person may not renew the certificate.
27-8 (f) The commission shall establish by rule the requirements
27-9 evidence must meet to be considered satisfactory for the purpose of
27-10 complying with this section.
27-11 (g) Notwithstanding any other law, the commission may by
27-12 rule establish a procedure to recertify a person if:
27-13 (1) the person's certification has lapsed because of
27-14 the person's good faith clerical error, including the person's
27-15 failure to submit fees in a timely manner; or
27-16 (2) the person's certification has lapsed as a result
27-17 of termination of the person's employment and the person has been
27-18 restored to employment as a result of a disciplinary procedure.
27-19 SECTION 2.08. Subchapter F, Chapter 411, Government Code, is
27-20 amended by adding Section 411.1236 to read as follows:
27-21 Sec. 411.1236. ACCESS TO CRIMINAL HISTORY RECORD
27-22 INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (a) This
27-23 section applies only to a circumstance in which:
27-24 (1) the Texas Commission on Fire Protection or the
27-25 state fire marshal:
27-26 (A) issues or renews to an individual a license,
27-27 permit, certificate, or other similar authorization; and
28-1 (B) is authorized or required by law to obtain
28-2 criminal history record information relating to the individual; and
28-3 (2) another person, including a state agency or local
28-4 government:
28-5 (A) is authorized or required to obtain the same
28-6 information; and
28-7 (B) did obtain that information not earlier than
28-8 the 90th day before the date on which the individual makes an
28-9 application to the Texas Commission on Fire Protection or the state
28-10 fire marshal for issuance or renewal of the license, permit,
28-11 certificate, or other similar authorization.
28-12 (b) In a circumstance described by Subsection (a), the Texas
28-13 Commission on Fire Protection or the state fire marshal shall
28-14 obtain criminal history record information from the person who has
28-15 obtained the required information as described by Subsection
28-16 (a)(2). On request from the Texas Commission on Fire Protection or
28-17 the state fire marshal under this section, the person shall provide
28-18 the information to the Texas Commission on Fire Protection or the
28-19 state fire marshal.
28-20 (c) Notwithstanding any other law or rule, the Texas
28-21 Commission on Fire Protection or the state fire marshal may
28-22 disclose to the following persons the fact that issuance or renewal
28-23 of a license, permit, certificate, or similar authorization was
28-24 denied because of criminal history record information:
28-25 (1) the individual who applied for the license,
28-26 permit, certificate, or similar authorization; and
28-27 (2) if the individual is requesting certification
29-1 under Subchapter B or D, Chapter 419, the local authority, fire
29-2 department, or volunteer fire department for which the fire
29-3 protection personnel or volunteer fire fighter would provide
29-4 services.
29-5 (d) The Texas Commission on Fire Protection or the state
29-6 fire marshal may not disclose the content of the criminal history
29-7 record information under Subsection (c)(2).
29-8 SECTION 2.09. The heading of Subchapter B, Chapter 419,
29-9 Government Code, is amended to read as follows:
29-10 SUBCHAPTER B. REGULATING AND ASSISTING FIRE FIGHTERS AND
29-11 [FULLY PAID LOCAL FIRE PROTECTION PERSONNEL AND LOCAL]
29-12 FIRE DEPARTMENTS
29-13 SECTION 2.10. The fire protection personnel advisory
29-14 committee is abolished. As soon as possible on or after the
29-15 effective date of this Act, the Texas Commission on Fire Protection
29-16 shall establish and make appointments to the fire fighter advisory
29-17 committee under Section 419.023, Government Code, as amended by
29-18 this Act.
29-19 SECTION 2.11. The volunteer fire fighter advisory committee
29-20 established under Section 419.072, Government Code, is abolished.
29-21 SECTION 2.12. The change in law made by Section 419.0365,
29-22 Government Code, as added by this Act, applies only to a
29-23 disciplinary proceeding commenced on or after the effective date of
29-24 this Act. A disciplinary proceeding commenced before the effective
29-25 date of this Act is governed by the law in effect immediately
29-26 before the effective date of this Act, and that law is continued in
29-27 effect for this purpose.
30-1 ARTICLE 3. CERTAIN REGULATORY FUNCTIONS
30-2 SECTION 3.01. Section 3, Article 5.43-1, Insurance Code, is
30-3 amended by adding Subsection (h) to read as follows:
30-4 (h) "Commission" means the Texas Commission on Fire
30-5 Protection.
30-6 SECTION 3.02. Subsection (b), Section 7, Article 5.43-1,
30-7 Insurance Code, is amended to read as follows:
30-8 (b) The commission, through the State Fire Marshal, may
30-9 suspend, revoke, or refuse to issue or renew a license, apprentice
30-10 permit, hydrostatic testing certificate, certificate of
30-11 registration, or approval of a testing laboratory in accordance
30-12 with Section 13 of this article [State Board of Insurance may
30-13 through the State Fire Marshal conduct hearings or proceedings
30-14 concerning the suspension, revocation, or refusal of the issuance
30-15 or renewal of licenses, apprentice permits, hydrostatic testing
30-16 certificates, certificates of registration, or approvals of testing
30-17 laboratories issued under this article or the application to
30-18 suspend, revoke, refuse to renew, or refuse to issue the same].
30-19 SECTION 3.03. Article 5.43-1, Insurance Code, is amended by
30-20 adding Section 8A to read as follows:
30-21 Sec. 8A. CERTAIN RULES PROHIBITED. (a) The commission may
30-22 not adopt rules restricting competitive bidding or advertising by
30-23 the holder of a license, permit, certificate, or approval issued
30-24 under this article except to prohibit false, misleading, or
30-25 deceptive practices.
30-26 (b) In the commission's rules to prohibit false, misleading,
30-27 or deceptive practices, the commission may not include a rule that:
31-1 (1) restricts the use of any medium for advertising;
31-2 (2) restricts the use of a license, permit,
31-3 certificate, or approval holder's personal appearance or voice in
31-4 an advertisement;
31-5 (3) relates to the size or duration of an
31-6 advertisement by the license, permit, certificate, or approval
31-7 holder; or
31-8 (4) restricts the license, permit, certificate, or
31-9 approval holder's advertisement under a trade name.
31-10 SECTION 3.04. Section 9, Article 5.43-1, Insurance Code, is
31-11 amended to read as follows:
31-12 Sec. 9. FIRE EXTINGUISHER ADVISORY COUNCIL [DELEGATION OF
31-13 POWER BY STATE BOARD OF INSURANCE]. (a) The commission [State
31-14 Board of Insurance] may delegate the exercise of all or part of the
31-15 commission's [its] functions, powers, and duties under this
31-16 article, except for the issuance of licenses, certificates, and
31-17 permits, to a Fire Extinguisher Advisory Council whose members
31-18 shall be appointed by the commission [State Board of Insurance].
31-19 The council shall assist in the review and formulation of rules
31-20 adopted under this article and shall periodically review rules
31-21 implementing this article and recommend changes in the rules to the
31-22 commission [in accordance with Section 417.0041, Government Code].
31-23 (b) The members of the council shall be experienced and
31-24 knowledgeable in one or more of the following areas: fire
31-25 services, fire extinguisher manufacturing, fire insurance
31-26 inspection or underwriting, fire extinguisher servicing, or be a
31-27 member of a fire protection association or industrial safety
32-1 association.
32-2 SECTION 3.05. Article 5.43-1, Insurance Code, is amended by
32-3 adding Section 13 to read as follows:
32-4 Sec. 13. DISCIPLINARY HEARING. If the State Fire Marshal
32-5 proposes to suspend, revoke, or refuse to renew a license, permit,
32-6 certificate, or approval issued under this article, the holder of
32-7 the license, permit, certificate, or approval is entitled to a
32-8 hearing conducted by the State Office of Administrative Hearings.
32-9 Proceedings for a disciplinary action are governed by the
32-10 administrative procedure law, Chapter 2001, Government Code. Rules
32-11 of practice adopted by the commission applicable to the proceedings
32-12 for a disciplinary action may not conflict with rules adopted by
32-13 the State Office of Administrative Hearings.
32-14 SECTION 3.06. Section 1, Article 5.43-2, Insurance Code, is
32-15 amended to read as follows:
32-16 Sec. 1. PURPOSE. The purpose of this article is to regulate
32-17 the planning, certifying, leasing, selling, servicing, installing,
32-18 monitoring, and maintaining of fire detection and fire alarm
32-19 devices and systems and, except as provided by rules adopted under
32-20 Section 6 of this article, to prohibit fire detection and fire
32-21 alarm devices, [and] equipment, and systems not labeled or listed
32-22 by a nationally recognized testing laboratory [approved by the
32-23 State Board of Insurance], in the interest of safeguarding lives
32-24 and property.
32-25 SECTION 3.07. Section 2, Article 5.43-2, Insurance Code, is
32-26 amended by adding Subdivision (17) to read as follows:
32-27 (17) "Commission" means the Texas Commission on Fire
33-1 Protection.
33-2 SECTION 3.08. Subsections (a), (b), and (f), Section 5,
33-3 Article 5.43-2, Insurance Code, are amended to read as follows:
33-4 (a) Each person or organization engaged in the business of
33-5 planning, certifying, leasing, selling, servicing, installing,
33-6 monitoring, or maintaining fire alarm or fire detection devices or
33-7 systems shall have a certificate of registration issued by the
33-8 commission [board]. The initial fee for the certificate of
33-9 registration must be in an amount not to exceed $500 and the
33-10 renewal fee for each year thereafter must be in an amount not to
33-11 exceed $500. The renewal fee for a person or organization engaged
33-12 in the business of planning, certifying, leasing, selling,
33-13 servicing, installing, monitoring, or maintaining exclusively
33-14 single station devices shall be an amount not to exceed $250. A
33-15 registered person or firm shall retain at least one fire alarm
33-16 technician, residential fire alarm superintendent or fire alarm
33-17 planning superintendent as an employee. A registered person or
33-18 firm that is engaged in the business of planning, certifying,
33-19 leasing, selling, servicing, installing, monitoring, or maintaining
33-20 exclusively single station devices shall have at least one fire
33-21 alarm technician, residential fire alarm superintendent, or fire
33-22 alarm planning superintendent. A limited certificate of
33-23 registration may be issued to persons or organizations whose
33-24 business is restricted to monitoring.
33-25 (b) Each separate office location of a registered firm,
33-26 other than the location identified on the certificate of
33-27 registration, shall have a branch office registration certificate
34-1 issued by the commission [board]. The initial fee for this branch
34-2 office registration certificate must be in an amount not to exceed
34-3 $150 and the renewal fee for each year thereafter must be in an
34-4 amount not to exceed $150. The commission [board] shall identify
34-5 each branch office location as a part of a registered organization
34-6 before a branch office registration certificate may be issued. A
34-7 registered person or firm that is engaged in the business of
34-8 planning, certifying, leasing, selling, servicing, installing,
34-9 monitoring, or maintaining exclusively single station devices may
34-10 not be required to apply for or obtain a branch office registration
34-11 certificate for a separate office or location of the registered
34-12 firm.
34-13 (f) A person licensed pursuant to this article shall be an
34-14 employee or agent of an organization that holds a valid certificate
34-15 of registration in order to engage in the activity for which the
34-16 license was granted.
34-17 SECTION 3.09. Section 5C(a), Article 5.43-2, Insurance Code,
34-18 is amended to read as follows:
34-19 (a) An unexpired license or registration may be renewed by
34-20 paying the required renewal fee to the board before the expiration
34-21 of the license or registration. If a license or registration has
34-22 been expired for not longer than 90 days, the license or
34-23 registration may be renewed by paying to the board the required
34-24 renewal fee and a fee that is not to exceed one-fourth of the
34-25 original fee for the license or registration. If a license or
34-26 registration has been expired for longer than 90 days but less than
34-27 two years, the license or registration may be renewed by paying to
35-1 the board all unpaid renewal fees and a fee that is not to exceed
35-2 the original fee for the license or registration. If a license or
35-3 registration has been expired for two years or longer, the license
35-4 or registration may not be renewed. A new license or registration
35-5 may be obtained by complying with the requirements and procedures
35-6 for obtaining an original license or registration. At least 30
35-7 days before the expiration of a license or registration, the State
35-8 Fire Marshal shall send written notice of the impending license or
35-9 registration expiration to the licensee or registrant at his or its
35-10 last known address. This section may not be construed to prevent
35-11 the board from denying or refusing to renew a license under
35-12 applicable law or rules of the State Board of Insurance. A
35-13 licensee with an unexpired license who is not employed by a
35-14 registered firm at the time of the licensee's renewal may renew
35-15 that license; however, the licensee may not engage in any activity
35-16 for which the license was granted until the licensee is employed
35-17 and qualified under a registered firm.
35-18 SECTION 3.10. Section 5D, Article 5.43-2, Insurance Code, is
35-19 amended to read as follows:
35-20 Sec. 5D. Examination. (a) Each applicant for a license
35-21 must pass a written examination. Examinations shall be conducted
35-22 by the State Fire Marshal. Examinations shall cover this article
35-23 and board rules and shall include specific testing of all
35-24 categories of licensure. Not later than the 30th day after the day
35-25 on which an examination is administered under this article, the
35-26 State Fire Marshal shall send notice to each examinee of the
35-27 results of the examination. If an examination is conducted,
36-1 graded, or reviewed by a testing service, the State Fire Marshal
36-2 shall send notice to the examinees of the results of the
36-3 examination within two weeks after the date on which the State Fire
36-4 Marshal receives the results from the testing service. If the
36-5 notice of the examination results will be delayed for longer than
36-6 90 days after the examination date, the State Fire Marshal shall
36-7 send notice to the examinee of the reason for the delay before the
36-8 90th day. If requested in writing by a person who fails the
36-9 examination administered under this article, the State Fire Marshal
36-10 shall send to the person an analysis of the person's performance on
36-11 the examination.
36-12 (b) A training school shall make an application for approval
36-13 to the State Fire Marshal. Applications shall include complete
36-14 course or testing curriculum. The State Fire Marshal shall review
36-15 the materials for course approval and shall provide a letter of
36-16 course approval or a letter of denial within 60 days. Denials of
36-17 approval shall be in writing and shall disclose specific reasons
36-18 for the denial. Denied applicants may reapply at any time.
36-19 Approval for a training school or testing service shall be valid
36-20 for one year, and the initial and renewal fee for a training school
36-21 approval shall not exceed $500. A registered firm, or an affiliate
36-22 of a registered firm, shall not be approved as a training school.
36-23 (c) Instructors for training schools shall be approved by
36-24 the State Fire Marshal. Instructors must have a minimum of three
36-25 years of experience in fire alarm installation, service, or
36-26 monitoring and shall have a valid fire alarm planning
36-27 superintendent license. An instructor's approval shall be
37-1 effective for one year, and the initial or renewal fee for approval
37-2 of an instructor shall not exceed $50.
37-3 (d) The training curriculum for a fire alarm technician and
37-4 a residential fire alarm superintendent course shall consist of 16
37-5 hours of classroom instruction on all categories of licensure.
37-6 (e) Training schools must conduct two or more classes, open
37-7 to the public, each calendar year from the issuance of
37-8 registration, within 125 miles of each county in the state that has
37-9 a population in excess of 500,000 people according to the last
37-10 decennial census.
37-11 SECTION 3.11. Section 6, Article 5.43-2, Insurance Code, is
37-12 amended to read as follows:
37-13 Sec. 6. POWERS AND DUTIES OF THE COMMISSION [STATE BOARD OF
37-14 INSURANCE]. (a) The commission may adopt rules as necessary to
37-15 administer this article. The rules may establish specialized
37-16 licenses and certificates of registration for organizations or
37-17 persons engaged in the business of planning, certifying, leasing,
37-18 selling, servicing, installing, monitoring, or maintaining fire
37-19 alarm or fire detection devices or systems. The rules shall
37-20 establish appropriate training and qualification standards for each
37-21 kind of license and certificate of registration [board shall
37-22 delegate authority to exercise all or part of its functions,
37-23 powers, and duties under this article, including the issuance of
37-24 certificates and licenses, to the state fire marshal, and the state
37-25 fire marshal along with assistance of an advisory council to be
37-26 appointed by the board shall implement such rules as may be
37-27 determined by the board in accordance with Section 417.0041,
38-1 Government Code to be essentially necessary for the protection and
38-2 preservation of life and property in controlling:]
38-3 [(1) the registration of persons and organizations
38-4 engaging in the business of planning, certifying, leasing, selling,
38-5 servicing, installing, monitoring, or maintaining fire alarm or
38-6 fire detection devices or systems; and]
38-7 [(2) the requirements for the planning, certifying,
38-8 leasing, selling, servicing, installing, monitoring, or maintaining
38-9 of fire alarm or fire detection devices or systems by:]
38-10 [(A) conducting examinations and evaluating the
38-11 qualifications of applicants for a certificate of registration to
38-12 engage in the business of planning, certifying, leasing, selling,
38-13 servicing, installing, monitoring, or maintaining fire alarm or
38-14 fire detection devices or systems;]
38-15 [(B) conducting examinations and evaluating the
38-16 qualifications of applicants for fire alarm technician, residential
38-17 fire alarm superintendent, or fire alarm planning superintendent
38-18 licenses;]
38-19 [(C) evaluating and determining which
38-20 organizations shall be approved as testing laboratories for the
38-21 purpose of this article; and]
38-22 [(D) evaluating and approving required training
38-23 programs for all persons who engage in the business of planning,
38-24 certifying, leasing, selling, servicing, installing, monitoring, or
38-25 maintaining fire alarm or fire detection devices or systems].
38-26 (b) The commission shall also adopt standards applicable to
38-27 any fire alarm device, equipment, or system regulated under this
39-1 article [board may, after notice and opportunity for hearing,
39-2 increase or decrease the limits of insurance coverage].
39-3 (c) An advisory council appointed in accordance with
39-4 Subsection (d) of this section shall periodically review rules
39-5 implementing this article and recommend changes in the rules to the
39-6 commission.
39-7 (d) The advisory council is appointed by the commission and
39-8 is composed of seven individuals as follows:
39-9 (1) three individuals employed by any registered firm
39-10 in the fire protection industry who have a minimum of three years
39-11 experience in the sale, installation, maintenance, or manufacturing
39-12 of fire alarm or fire detection devices;
39-13 (2) two individuals who must either be experienced in
39-14 the engineering of fire prevention services or be a member of a
39-15 fire protection association;
39-16 (3) one person experienced and employed by a
39-17 municipality or county as a fire prevention officer; and
39-18 (4) one person who is employed by any registered firm
39-19 and who has at least three years experience in the operation of a
39-20 central fire alarm monitoring station.
39-21 SECTION 3.12. Article 5.43-2, Insurance Code, is amended by
39-22 adding Sections 6A and 10A to read as follows:
39-23 Sec. 6A. CERTAIN RULES PROHIBITED. (a) The commission may
39-24 not adopt rules restricting competitive bidding or advertising by
39-25 the holder of a license or registration issued under this article
39-26 except to prohibit false, misleading, or deceptive practices.
39-27 (b) In the commission's rules to prohibit false, misleading,
40-1 or deceptive practices, the commission may not include a rule that:
40-2 (1) restricts the use of any medium for advertising;
40-3 (2) restricts the use of a license or registration
40-4 holder's personal appearance or voice in an advertisement;
40-5 (3) relates to the size or duration of an
40-6 advertisement by the license or registration holder; or
40-7 (4) restricts the license or registration holder's
40-8 advertisement under a trade name.
40-9 Sec. 10A. DISCIPLINARY HEARING. If the State Fire Marshal
40-10 proposes to suspend, revoke, or refuse to renew a license or
40-11 certificate of registration of a person, the person is entitled to
40-12 a hearing conducted by the State Office of Administrative Hearings.
40-13 Proceedings for a disciplinary action are governed by the
40-14 administrative procedure law, Chapter 2001, Government Code. Rules
40-15 of practice adopted by the commission applicable to the proceedings
40-16 for a disciplinary action may not conflict with rules adopted by
40-17 the State Office of Administrative Hearings.
40-18 SECTION 3.13. Section 1, Article 5.43-3, Insurance Code, is
40-19 amended by adding Subdivision (15) to read as follows:
40-20 (15) "Commission" means the Texas Commission on Fire
40-21 Protection.
40-22 SECTION 3.14. Section 6, Article 5.43-3, Insurance Code, is
40-23 amended to read as follows:
40-24 Sec. 6. ADVISORY COUNCIL. (a) The Fire Protection Advisory
40-25 Council is created. The commission [board] shall appoint the
40-26 members of the advisory council, who shall serve at the pleasure of
40-27 the commission [board].
41-1 (b) The advisory council, in addition to other duties
41-2 delegated by the commission [board], shall [in accordance with
41-3 Section 417.0041, Government Code]:
41-4 (1) advise the State Fire Marshal concerning practices
41-5 in the fire protection sprinkler system industry and the rules
41-6 necessary to implement and administer this article; and
41-7 (2) make recommendations to the State Fire Marshal
41-8 regarding forms and procedures for certificates of registration and
41-9 licenses.
41-10 (c) The advisory council shall have seven members as
41-11 follows:
41-12 (1) three individuals who have been actively engaged
41-13 in the management of a fire protection sprinkler system business
41-14 for not less than five years preceding their appointment;
41-15 (2) one representative of the engineering section of
41-16 the board's property division;
41-17 (3) one volunteer fire fighter [member of the State
41-18 Firemen's and Fire Marshal's Association of Texas]; and
41-19 (4) one member from each of two fire departments of
41-20 incorporated cities of this state.
41-21 (d) The advisory council shall periodically review rules
41-22 implementing this article and recommend changes in the rules to the
41-23 commission.
41-24 (e) The State Firemen's and Fire Marshals' Association of
41-25 Texas may, on request by the commission, recommend a volunteer fire
41-26 fighter for appointment to the advisory council.
41-27 SECTION 3.15. Article 5.43-3, Insurance Code, is amended by
42-1 adding Sections 7A and 9A to read as follows:
42-2 Sec. 7A. CERTAIN RULES PROHIBITED. (a) The commission may
42-3 not adopt rules restricting competitive bidding or advertising by
42-4 the holder of a certificate of registration, license, or permit
42-5 issued under this article except to prohibit false, misleading, or
42-6 deceptive practices.
42-7 (b) In the commission's rules to prohibit false, misleading,
42-8 or deceptive practices, the commission may not include a rule that:
42-9 (1) restricts the use of any medium for advertising;
42-10 (2) restricts the use of a certificate, license, or
42-11 permit holder's personal appearance or voice in an advertisement;
42-12 (3) relates to the size or duration of an
42-13 advertisement by the certificate, license, or permit holder; or
42-14 (4) restricts the certificate, license, or permit
42-15 holder's advertisement under a trade name.
42-16 Sec. 9A. DISCIPLINARY HEARING. If the State Fire Marshal
42-17 proposes to suspend, revoke, or refuse to renew a certificate of
42-18 registration, license, or permit of a person, the person is
42-19 entitled to a hearing conducted by the State Office of
42-20 Administrative Hearings. Proceedings for a disciplinary action are
42-21 governed by the administrative procedure law, Chapter 2001,
42-22 Government Code. Rules of practice adopted by the commission
42-23 applicable to the proceedings for a disciplinary action may not
42-24 conflict with rules adopted by the State Office of Administrative
42-25 Hearings.
42-26 SECTION 3.16. Article 5.43-4, Insurance Code, is amended to
42-27 read as follows:
43-1 ARTICLE 5.43-4. FIREWORKS
43-2 Sec. 1. Definitions. In this article:
43-3 (1) "Board" means the State Board of Insurance.
43-4 (2) "Fireworks 1.3G [Class B fireworks" or "special
43-5 fireworks]" means a large fireworks device designed primarily to
43-6 produce visible or audible effects by combustion, deflagration, or
43-7 detonation and that is classified as a 1.3G [Class B] explosive by
43-8 the United States Department of Transportation in 49 C.F.R. Part
43-9 173 (1996).
43-10 (3) "Fireworks 1.4G [Class C fireworks" or "common
43-11 fireworks]" means a small fireworks device designed primarily to
43-12 produce visible or audible effects by combustion, deflagration, or
43-13 detonation that complies with the construction, labeling, and
43-14 chemical composition requirements of the United States Consumer
43-15 Product Safety Commission in 16 C.F.R. Part 1507 (1996) [(1984)],
43-16 or the most recently adopted version of that rule, [and the
43-17 labeling requirements] of the United States Consumer Product Safety
43-18 Commission, and that is classified [as a Class C explosive] by the
43-19 United States Department of Transportation in 49 C.F.R. Part 173
43-20 (1996).
43-21 (4) "Department" means the United States Department of
43-22 Transportation.
43-23 (5) "Distributor" means a person or entity that
43-24 imports fireworks into this state or sells fireworks to jobbers,
43-25 retailers, or other distributors for resale to others, or to public
43-26 display permittees or multiple public display permittees or other
43-27 firework permittees.
44-1 (6) "Fireworks" means any composition or device
44-2 designed for entertainment to produce a visible or audible effect
44-3 by combustion, explosion, deflagration, or detonation, and that is
44-4 defined in 49 C.F.R. Section 173.56(j) (1996) [as "special
44-5 fireworks" by 49 C.F.R. Section 173.88(d) (1983), or as "common
44-6 fireworks" by 49 C.F.R. Section 173.100(r) (1983)].
44-7 (7) "Fire prevention officer" means the chief of a
44-8 fire department, a fire marshal, the county fire marshal, the
44-9 sheriff, a constable, any other local enforcement officer primarily
44-10 responsible for fire prevention, or, if there is no local fire
44-11 authority, the state fire marshal.
44-12 (8) "Illegal fireworks" means a fireworks device
44-13 manufactured, distributed, or sold in violation of this article.
44-14 (9) "Indoor or Proximate Display" means a pyrotechnic
44-15 display involving the ignition of Fireworks 1.3G or 1.4G for public
44-16 amusement where audiences are closer to pyrotechnic devices than
44-17 permitted by NFPA 1123 Code of Fireworks Display. This term does
44-18 not include the use of Fireworks 1.4G by a retail consumer for
44-19 private or personal amusement ["Importer" means a person who
44-20 imports fireworks from a foreign country or from another state for
44-21 sale to distributors or jobbers in this state].
44-22 (10) "Jobber" means a person who purchases fireworks
44-23 for resale to retailers only.
44-24 (11) "Manufacturer" means a person, firm, corporation,
44-25 or association that engages in the making of fireworks.
44-26 (12) "Person" means an individual or entity, including
44-27 an owner, manager, officer, employee, or occupant.
45-1 (13) "Public display" means the igniting of Fireworks
45-2 1.3G [Class B fireworks] for public or private amusement.
45-3 (14) "Pyrotechnic operator" means an individual who,
45-4 by experience, training, and passing any required examination, has
45-5 demonstrated the necessary skill and ability for safely assembling,
45-6 discharging, and supervising proximate [public] displays of
45-7 Fireworks 1.3G or Fireworks 1.4G [Class B fireworks].
45-8 (15) "Retailer" means a person who purchases fireworks
45-9 for resale to the general public only.
45-10 (16) "Sale" means the sale or offering for sale any
45-11 merchandise, equipment, or service, at wholesale or retail, to the
45-12 public or to any person, for an agreed sum of money or other
45-13 consideration.
45-14 (17) "State fire marshal" means the chief law
45-15 enforcement officer of the state charged with the responsibility of
45-16 fire prevention.
45-17 (18) "Insurance agent" means:
45-18 (A) a person, firm, or corporation licensed
45-19 under Article 21.14 or 1.14-2 of this code;
45-20 (B) a salaried, state, or special agent; and
45-21 (C) a person authorized to represent an
45-22 insurance fund or pool created by a city, county, or other
45-23 political subdivision of the state under The Interlocal Cooperation
45-24 Act (Article 4413(32c), Vernon's Texas Civil Statutes).
45-25 (19) "Pyrotechnic special effects operator" means an
45-26 individual who, by experience, training, and passing any required
45-27 examination, has demonstrated the necessary skill and ability for
46-1 safely assembling, discharging, and supervising proximate displays
46-2 of Fireworks 1.3G or Fireworks 1.4G.
46-3 (20) "Commission" means the Texas Commission on Fire
46-4 Protection.
46-5 Sec. 2. Permissible Fireworks. (a) Except as provided by
46-6 Subsection (b) of this section, Fireworks 1.4G [Class C fireworks]
46-7 are permissible fireworks.
46-8 (b) The following are not permissible fireworks:
46-9 (1) sky rockets, also known as "bottle rockets":
46-10 (A) with a total propellant charge of less than
46-11 four grams;
46-12 (B) with a casing size of less than five-eighths
46-13 of an inch for the outside diameter and less than 3 1/2 inches in
46-14 length; and
46-15 (C) with an overall length, including stick, of
46-16 less than 15 inches; and
46-17 (2) other fireworks determined not acceptable by the
46-18 United States Consumer Product Safety Commission.
46-19 (c) The term "bottle rocket" may not be used in association
46-20 with the advertisement or sale of fireworks.
46-21 Sec. 3. LOCAL REGULATION. This article and rules adopted
46-22 under this article have uniform force and effect throughout the
46-23 state. Any lawfully enacted municipal or county ordinance, order,
46-24 or rule in effect on the effective date of this article is not
46-25 invalidated by this article. This article does not limit or
46-26 restrict the authority of counties, where specifically authorized
46-27 by statute to do so, or of cities, towns, or villages as defined by
47-1 Title 28, Revised Statutes, to enact ordinances or orders
47-2 prohibiting or further regulating fireworks.
47-3 Sec. 4. EXCEPTIONS TO APPLICABILITY OF ARTICLE. This
47-4 article does not apply to:
47-5 (1) toy pistols, toy canes, toy guns, or other devices
47-6 that use paper or plastic caps in sheets, strips, rolls, or
47-7 individual caps containing not more than an average of 25
47-8 hundredths of a grain of explosive composition per cap
47-9 [manufactured in accordance with 49 C.F.R. Section 173.100(p)
47-10 (1983),] and that are packed and shipped according to 49 C.F.R.
47-11 Part 173 (1996) [department regulations];
47-12 (2) model rockets and model rocket motors designed,
47-13 sold, and used for the purpose of propelling recoverable aero
47-14 models;
47-15 (3) propelling or expelling charges consisting of a
47-16 mixture of sulfur, charcoal, and potassium nitrate;
47-17 (4) novelties and trick noisemakers;
47-18 (5) the sale, at wholesale, of any type of fireworks
47-19 by a resident manufacturer, distributor, importer, or jobber if the
47-20 fireworks are intended for shipment directly out of state in
47-21 accordance with department regulations;
47-22 (6) the sale, and use in emergency situations, of
47-23 pyrotechnic signaling devices or distress signals for marine,
47-24 aviation, or highway use;
47-25 (7) the use of fusee and railway torpedoes by
47-26 railroads;
47-27 (8) the sale of blank cartridges for use in radio,
48-1 television, film, or theater productions, for signal or ceremonial
48-2 purposes in athletic events, or for industrial purposes; or
48-3 (9) the use of any pyrotechnic device by military
48-4 organizations.
48-5 Sec. 5. ADMINISTRATION. The commission [board] shall
48-6 administer this article through the state fire marshal and may
48-7 issue rules for the commission's [its] administration in
48-8 accordance with Section 5B of this article [417.0041, Government
48-9 Code]. The commission [board], in promulgating rules, may use
48-10 standards recognized by federal law or regulation, and those
48-11 published by a nationally recognized standards-making organization.
48-12 Rules may not be adopted under this article that are more
48-13 restrictive than the rules in effect on September [January] 1, 1998
48-14 [1991], without specific statutory authority.
48-15 Sec. 5A. TRANSFER OF POWERS AND DUTIES. The powers and
48-16 duties assigned to the State Board of Insurance under this article
48-17 are transferred to the Texas Commission on Fire Protection. The
48-18 commission and the board by rule may make and adopt memoranda of
48-19 understanding under which the board will exercise certain powers
48-20 and duties under this article if it is more appropriate for the
48-21 board to do so.
48-22 Sec. 5B. ADVISORY COUNCIL. (a) The commission shall
48-23 establish an advisory council to assist the commission in the
48-24 administration of this article. The council is composed of five
48-25 members who must be representatives from the fireworks industry,
48-26 three of whom must be appointed from a list submitted to the
48-27 commission by the Texas Pyrotechnic Association. A council member
49-1 serves at the will of the commission. The council shall assist the
49-2 commission in the review and adoption of rules under this article
49-3 as provided by Subsection (b) of this section [Section 417.0041,
49-4 Government Code].
49-5 (b) The advisory council shall periodically review rules
49-6 relating to the program and recommend changes in the rules to the
49-7 commission. Notwithstanding Section 2001.031, Government Code, the
49-8 commission shall submit all proposed changes and additions to the
49-9 rules that relate to the administration of this article to the
49-10 council for development. If the commission does not approve a rule
49-11 developed by the council, the commission shall indicate to the
49-12 council the reasons that the commission did not approve the rule
49-13 and return the rule to the council for further development.
49-14 Sec. 6. LICENSES. (a) A person engaged in the business of
49-15 manufacturing, distributing, jobbing, or importing fireworks to be
49-16 sold or used in this state, or of supervising or conducting public
49-17 fireworks displays, must obtain the appropriate license for that
49-18 activity as provided by this section.
49-19 (b) A person who manufactures, stores, possesses, and sells
49-20 the fireworks constructed by that person must have a manufacturer's
49-21 license. The commission [board] shall set and collect an annual
49-22 license fee not to exceed $1,000 for a manufacturer's license. The
49-23 licensed manufacturer may sell Fireworks 1.4G [Class C fireworks]
49-24 only to distributors and jobbers, and may sell Fireworks 1.3G
49-25 [Class B fireworks] only to distributors, [or] licensed
49-26 pyrotechnic operators, or fireworks public display permittees for
49-27 use in public fireworks displays in this state. A licensed
50-1 manufacturer may manufacture, store, possess, and sell items other
50-2 than permissible fireworks, but only for sale and delivery to
50-3 authorized persons in states in which those other types of
50-4 fireworks are permissible.
50-5 (c) A person who imports into this state or who stores,
50-6 possesses, and sells Fireworks 1.3G to pyrotechnic operators, other
50-7 distributors, single public display permittees, multiple public
50-8 display permittees, or agricultural, industrial, and wildlife
50-9 control fireworks permittees, or who imports or stores, possesses,
50-10 and sells Fireworks 1.4G [Class C fireworks] to jobbers, retailers,
50-11 and other distributors in this state must have a distributor's
50-12 license. The commission [board] shall set and collect an annual
50-13 license fee not to exceed $1,500 for a distributor's license.
50-14 [Licensed distributors may also possess, store, and sell Class B
50-15 fireworks in this state.]
50-16 (d) A person who stores, possesses, and sells Fireworks 1.4G
50-17 only [Class C fireworks] to retailers in this state must have a
50-18 jobber's license. The commission [board] shall set and collect an
50-19 annual license fee not to exceed $1,000 for a jobber's license.
50-20 (e) [A person who imports and sells to any distributor or
50-21 jobber in this state Class C fireworks or who imports and sells to
50-22 any distributor or pyrotechnic operator in this state Class B
50-23 fireworks for use only in public fireworks displays must have an
50-24 importer's license. The board shall set and collect an annual
50-25 license fee not to exceed $200 for an importer's license.]
50-26 [(f)] A person who assembles, conducts, and supervises
50-27 public fireworks displays using Fireworks 1.3G [Class B fireworks]
51-1 must have a pyrotechnic operator's license. The commission [board]
51-2 shall set and collect an annual license fee not to exceed $100 for
51-3 a pyrotechnic operator's license. To qualify for a pyrotechnic
51-4 operator's license, a person must take and pass an examination, if
51-5 any should be required, conducted by the commission [board] through
51-6 the state fire marshal's office. A nonrefundable fee for the
51-7 initial examination must be in an amount not to exceed $30. A
51-8 nonrefundable fee in an amount not to exceed $20 shall be charged
51-9 for each reexamination.
51-10 (f) [(g)] A person who assembles, conducts, and supervises
51-11 proximate displays using Fireworks 1.3G or Fireworks 1.4G as
51-12 defined in NFPA 1126 Standard of the Use of Pyrotechnics Before a
51-13 Proximate Audience must have a pyrotechnic special effects
51-14 operator's license. The commission shall set and collect an annual
51-15 license fee not to exceed $100 for a pyrotechnic special effects
51-16 operator's license. To qualify for a pyrotechnic special effects
51-17 operator's license, a person must take and pass an examination, if
51-18 any should be required, conducted by the commission through the
51-19 state fire marshal's office. A nonrefundable fee for the initial
51-20 examination must be in an amount not to exceed $30. A nonrefundable
51-21 fee in an amount not to exceed $20 shall be charged for each
51-22 reexamination [multiple public fireworks displays at a single
51-23 location must have a public display license. The board shall set
51-24 and collect an annual license fee not to exceed $400 for a public
51-25 display license. The holder of a public display license is not
51-26 required to obtain a public display permit. This article does not
51-27 limit the authority of the state fire marshal to inspect the
52-1 location of the display or to require appropriate fire protection
52-2 measures].
52-3 (g) [(h)] A fee in an amount not to exceed $20 must be
52-4 charged for a duplicate license issued by the commission [board]
52-5 and for any requested change to a license.
52-6 Sec. 7. RENEWAL. (a) A licensee may renew an unexpired
52-7 license by paying the required renewal fee to the state fire
52-8 marshal any time before the license expires. A license that has
52-9 been expired for not more than 90 days may be renewed by paying to
52-10 the state fire marshal the required annual fee plus an additional
52-11 amount of one-half of the original license fee. A license that has
52-12 been expired for more than 90 days but less than two years may be
52-13 renewed by paying to the state fire marshal all unpaid annual fees
52-14 which are in arrears plus an additional amount equal to the
52-15 original license fee. A license that has been expired for two
52-16 years or more may not be renewed. A new license may be obtained by
52-17 complying with the requirements and procedures for obtaining an
52-18 original license. Not later than the 30th day before the
52-19 expiration date of a license, the state fire marshal shall send
52-20 written notice of the impending license expiration to the licensee
52-21 at the licensee's last known address. This section does not
52-22 prevent the state fire marshal from denying or refusing to renew a
52-23 license for any reason provided by law or the rules of the board.
52-24 (b) The commission [board] by rule may provide for different
52-25 expiration dates for the various types of licenses. If the
52-26 expiration date of a license is less than one year from the date
52-27 of its issuance or anniversary date, the license fee shall be
53-1 prorated on the basis of the number of months during which the
53-2 license is valid. The total annual fee is payable each time the
53-3 license is renewed.
53-4 Sec. 8. RETAIL PERMITS. (a) A person who sells fireworks
53-5 directly to the general public must obtain annually a nonrenewable
53-6 retail fireworks permit for each retail location. The commission
53-7 [board] shall set and collect a permit fee not to exceed $20 for a
53-8 retail fireworks permit. Permits may be purchased from a licensed
53-9 manufacturer, distributor, or jobber, or through the state fire
53-10 marshal's office. The holder of a retail fireworks permit may only
53-11 sell fireworks to the general public, and only during periods:
53-12 (1) beginning June 24 and ending at midnight on July
53-13 4; and
53-14 (2) beginning December 20 and ending at midnight on
53-15 January 1 of the following year.
53-16 (b) A retail fireworks permit expires on January 31 each
53-17 year. A retail fireworks permit is not renewable.
53-18 (c) Licensed manufacturers, distributors, or jobbers may
53-19 obtain retail fireworks permits at any time during the year. The
53-20 commission [board] shall provide permits for this purpose in books
53-21 containing 20 permits each. The permit must be clearly printed
53-22 with the year, date, and permit number. The manufacturer,
53-23 distributor, or jobber shall keep a record of all permits issued
53-24 and shall submit the record to the board through the state fire
53-25 marshal in the manner prescribed by the commission [board].
53-26 Outdated permits may only be exchanged for current permits in the
53-27 year following their expiration.
54-1 Sec. 9. PUBLIC DISPLAY PERMITS. (a) The commission [board]
54-2 shall set and collect a permit fee not to exceed $50 for a
54-3 Fireworks 1.3G singular [Class B fireworks] public display permit
54-4 to be obtained from the commission [board] through the state fire
54-5 marshal. A singular public fireworks display permit is not
54-6 renewable and is valid for only one public fireworks display to be
54-7 held during the hours and on the date or alternate date, if
54-8 provided, stated on the permit.
54-9 (b) A person or an organization who conducts multiple
54-10 fireworks displays at a single location may be issued a multiple
54-11 display permit. The commission shall set and collect an annual
54-12 permit fee not to exceed $400 for a multiple public display permit.
54-13 The holder of a multiple public display permit is not required to
54-14 obtain a singular public display permit. A multiple public display
54-15 permit is not renewable and is valid for one year from the date of
54-16 issuance. This article does not limit the authority of the state
54-17 fire marshal to inspect the location of the display or to require
54-18 appropriate fire protection measures.
54-19 (c) The commission shall adopt by reference the provisions
54-20 of NFPA 1123, Code for Fireworks Display, 1995 Edition, as rules
54-21 governing public displays.
54-22 (d) The commission shall adopt by reference the provisions
54-23 of NFPA 1126, Standards for the Use of Pyrotechnics Before a
54-24 Proximate Audience, 1996 Edition, as rules governing indoor
54-25 displays.
54-26 Sec. 10. AGRICULTURAL, INDUSTRIAL, AND WILDLIFE CONTROL
54-27 PERMITS. The commission [board] shall set and collect a permit fee
55-1 not to exceed $50 for a permit to use Fireworks 1.3G [Class B
55-2 special fireworks] for agricultural, industrial, or wildlife
55-3 control purposes. The applicant must specify the exact purpose for
55-4 which the fireworks are to be used before a permit may be issued.
55-5 The permit expires one year from the date of issuance and is not
55-6 renewable.
55-7 Sec. 11. NOT TRANSFERABLE. A license or permit issued under
55-8 this article is not transferable.
55-9 Sec. 12. EXAMINATIONS. The state fire marshal shall, not
55-10 later than the 30th day after the date on which an examination is
55-11 administered under this article, send notice to each examinee of
55-12 the results of the examination. If the examination is conducted,
55-13 graded, or reviewed by a testing service, the state fire marshal
55-14 shall send notice to the examinee of the result of the examination
55-15 not later than the 14th day after the date on which the state fire
55-16 marshal receives the result from the testing service. If the
55-17 notice of the examination result will be delayed for more than 90
55-18 days after the examination date, the state fire marshal shall send,
55-19 before the 90th day, a notice informing the examinee of the reason
55-20 for the delay. The state fire marshal shall, on written request by
55-21 a person who fails the licensing examination, send the person an
55-22 analysis of the person's performance on the examination.
55-23 Sec. 13. LICENSE BY RECIPROCITY. The commission [board] may
55-24 waive an examination requirement for an applicant with a valid
55-25 license from another state if, in the commission's [board's]
55-26 opinion, the license requirements of the other state are
55-27 substantially equivalent to those of this state.
56-1 Sec. 14. PUBLIC DISPLAYS. (a) An adult individual or a
56-2 firm, partnership, corporation, or association planning to make a
56-3 public fireworks display shall submit, under rules adopted by the
56-4 commission [board], a written application to the state fire marshal
56-5 for a [license or] permit.
56-6 (b) It is the duty of the appropriate fire prevention
56-7 officer, as designated or approved by the state fire marshal, to
56-8 make a site investigation to determine whether a proposed fireworks
56-9 display is of a nature or in a location that may be hazardous to
56-10 property or dangerous to any person. The officer may, in the
56-11 exercise of reasonable discretion, approve or disapprove the
56-12 display site, and may impose reasonable conditions on the display.
56-13 Following the inspection of the proposed display site, the fire
56-14 prevention officer shall notify the state fire marshal of the
56-15 results of the inspection, and the state fire marshal shall
56-16 determine if a permit is to be issued. In this subsection,
56-17 "appropriate fire prevention officer" means a person with fire
56-18 prevention authority in a particular jurisdiction.
56-19 Sec. 15. INSURANCE. (a) An applicant for a public display
56-20 [license or] permit must submit to the state fire marshal evidence
56-21 of a general liability insurance policy in an amount of not less
56-22 than $500,000 [$300,000] unless the commission [board] increases or
56-23 decreases the amount under Section 16 of this article. The policy
56-24 shall be conditioned to pay those sums the insured becomes
56-25 obligated to pay as damages because of bodily injury and property
56-26 damage caused by an occurrence involving the insured or the
56-27 insured's servant, officer, agent, or employee in the conduct of a
57-1 public fireworks display.
57-2 (b) Evidence of the liability insurance policy required by
57-3 this section must be in the form of a certificate of insurance
57-4 issued by an insurer authorized to do business in this state and
57-5 countersigned by an insurance agent licensed in this state. A
57-6 certificate of insurance for surplus lines coverage procured in
57-7 compliance with Article 1.14-2 of this code through a licensed
57-8 Texas surplus lines agent resident in this state may be filed with
57-9 the commission [board] as evidence of coverage required by this
57-10 section. An insurer may not cancel a certificate of insurance
57-11 issued under this section unless the insurer gives the state fire
57-12 marshal notice of intent to cancel as required by the commission
57-13 [board]. A multiple public display permit [license] or singular
57-14 public display permit may not be issued without evidence of general
57-15 liability insurance as required by this section. The requirement of
57-16 this section may be satisfied by a city, county, or other political
57-17 subdivision presenting proof of its participation in a
57-18 self-insurance fund or other fund created under The Interlocal
57-19 Cooperation Act (Article 4413(32c), Vernon's Texas Civil
57-20 Statutes) covering the liability requirements under this article.
57-21 Sec. 16. POWERS AND DUTIES OF THE COMMISSION [BOARD].
57-22 (a) The commission [board] shall adopt and through the state fire
57-23 marshal shall administer rules the commission [board] considers
57-24 necessary for the protection, safety, and preservation of life and
57-25 property, including rules regulating:
57-26 (1) the issuance of licenses and permits to persons
57-27 engaged in manufacturing, selling, storing, possessing, or
58-1 transporting fireworks in this state;
58-2 (2) the conduct of public fireworks displays; and
58-3 (3) the safe storage of Fireworks 1.4G [Class C
58-4 fireworks] and Fireworks 1.3G [Class B fireworks].
58-5 (b) The commission [board] also shall:
58-6 (1) determine reasonable criteria and qualifications
58-7 for licenses and permits;
58-8 (2) set license and permit fees within the limits
58-9 provided by this article;
58-10 (3) determine the qualifications and examination
58-11 requirements for pyrotechnics operators; and
58-12 (4) establish a procedure for reporting and processing
58-13 complaints.
58-14 (c) The commission [board] may, after notice and opportunity
58-15 for hearing, increase or decrease the limits of insurance coverage.
58-16 Sec. 16A. CERTAIN RULES PROHIBITED. (a) The commission may
58-17 not adopt rules restricting competitive bidding or advertising by
58-18 the holder of a license or permit issued under this article except
58-19 to prohibit false, misleading, or deceptive practices.
58-20 (b) In the commission's rules to prohibit false, misleading,
58-21 or deceptive practices, the commission may not include a rule that:
58-22 (1) restricts the use of any medium of advertising;
58-23 (2) restricts the use of a license or permit holder's
58-24 personal appearance or voice in an advertisement;
58-25 (3) relates to the size or duration of an
58-26 advertisement by the license or permit holder; or
58-27 (4) restricts the license or permit holder's
59-1 advertisement under a trade name.
59-2 Sec. 17. PROHIBITED ACTS. (a) Fireworks within this state
59-3 may not be sold at retail, offered for sale at retail, or possessed
59-4 for retail sale within this state, may not be transported, used, or
59-5 exploded in this state, unless the fireworks conform [are properly
59-6 identified as conforming] to the standards of the United States
59-7 Consumer Product Safety Commission and the [as] United States
59-8 Department of Transportation [common fireworks. The identification
59-9 must be printed on all shipping cases, fireworks devices, and
59-10 retail containers. The imprint must be sufficiently conspicuous to
59-11 be readily recognized by law enforcement authorities and the
59-12 general public]. A manufacturer may be required to submit samples
59-13 of all fireworks to the state fire marshal for approval.
59-14 (b) A person or organization may not manufacture,
59-15 distribute, sell at wholesale or retail, or use fireworks in a
59-16 public fireworks display or for agricultural, industrial, or
59-17 wildlife control purposes without obtaining the appropriate license
59-18 or permit. Fireworks manufactured, distributed, sold, or used in
59-19 violation of this subsection are illegal fireworks.
59-20 (c) A person may only offer for sale to the general public
59-21 Fireworks 1.4G [Class C fireworks] at authorized retail locations.
59-22 All mail order sales of Fireworks 1.4G [Class C fireworks] are
59-23 prohibited.
59-24 (d) Fireworks may not be sold or offered for sale to
59-25 children under 12 years of age or to an intoxicated or incompetent
59-26 person. A person selling fireworks at retail shall make a
59-27 reasonable effort to ascertain that potential purchasers are of
60-1 the minimum age required by this subsection.
60-2 (e) A person under 21 years of age may not be issued a
60-3 pyrotechnic operator's license or a public fireworks display
60-4 [license or] permit. The minimum age for all other licenses and
60-5 permits is 18 years.
60-6 (f) A person may not:
60-7 (1) explode or ignite fireworks within 600 feet of any
60-8 church, a hospital other than a veterinary hospital, an asylum, a
60-9 licensed child care center, or a public or private primary or
60-10 secondary school or institution of higher education unless they
60-11 receive authorization in writing from that organization;
60-12 (2) sell at retail, explode, or ignite fireworks
60-13 within 100 feet of a place where flammable liquids or flammable
60-14 compressed gasses are stored and dispensed;
60-15 (3) explode or ignite fireworks within 100 feet of a
60-16 place where fireworks are stored or sold;
60-17 (4) ignite or discharge fireworks within or from a
60-18 motor vehicle;
60-19 (5) place ignited fireworks in, or throw ignited
60-20 fireworks at, a motor vehicle;
60-21 (6) conduct a public fireworks display that includes
60-22 Fireworks 1.3G [Class B fireworks] unless the person is a licensed
60-23 pyrotechnic operator;
60-24 (7) conduct a proximate [an indoor] display of
60-25 fireworks that includes Fireworks 1.3G or Fireworks 1.4G as
60-26 defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a
60-27 Proximate Audience unless the person is a licensed pyrotechnic
61-1 special effects operator and has [Class C fireworks without] the
61-2 approval of the local fire prevention officer;
61-3 (8) obtain or attempt to obtain a license or permit by
61-4 fraudulent representation; or
61-5 (9) sell, store, manufacture, distribute, or display
61-6 fireworks except as provided by this article or rules adopted by
61-7 the commission [board] under this article.
61-8 (g) A manufacturer, distributor, jobber, or importer, may
61-9 not sell fireworks to a person who does not hold a valid license or
61-10 permit.
61-11 (h) A person may not alter or deface a license or permit.
61-12 An altered or defaced license or permit is void.
61-13 Sec. 18. ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF
61-14 [APPLICATIONS FOR AND HEARINGS ON] LICENSES AND PERMITS. (a) The
61-15 commission [board] shall adopt rules for applications and set
61-16 qualifications for licenses and permits.
61-17 (b) The commission [board] may, through the state fire
61-18 marshal, suspend, revoke, or refuse to issue or renew [conduct
61-19 hearings or proceedings concerning the suspension, revocation, or
61-20 refusal to issue or renew] a license or permit.
61-21 (c) A license or permit may be denied, suspended, or
61-22 revoked, or renewal may be refused, if the commission [board],
61-23 through the state fire marshal and after notice and a public
61-24 hearing conducted under Section 18A of this article, finds that any
61-25 provision of this article, or any rule promulgated under this
61-26 article, has been violated.
61-27 (d) A person or organization that has a license or permit
62-1 revoked may not reapply for the license or permit earlier than one
62-2 year from the date of revocation. A person reapplying under this
62-3 subsection must request a public hearing on the reissuance of the
62-4 license or permit, and has the burden of proving that a license or
62-5 permit should be granted.
62-6 Sec. 18A. DISCIPLINARY HEARING. If the state fire marshal
62-7 proposes to suspend, revoke, or refuse to renew a license or permit
62-8 of a person, the person is entitled to a hearing conducted by the
62-9 State Office of Administrative Hearings. Proceedings for a
62-10 disciplinary action are governed by the administrative procedure
62-11 law, Chapter 2001, Government Code. Rules of practice adopted by
62-12 the commission applicable to the proceedings for a disciplinary
62-13 action may not conflict with the rules adopted by the State Office
62-14 of Administrative Hearings.
62-15 Sec. 19. PENALTIES. (a) A person commits an offense if the
62-16 person knowingly or intentionally violates Section 17 of this
62-17 article.
62-18 (b) An offense under this section is a Class B misdemeanor.
62-19 (c) Each day that a violation occurs or continues
62-20 constitutes a separate offense.
62-21 (d) Venue under this section is in the county in which the
62-22 offense is committed or in Travis County.
62-23 (e) If the commission [board] determines that a violation of
62-24 this article creates a threat to the public safety, the commission
62-25 [board] may bring suit in the district court of the county in which
62-26 the person who committed the offense resides or has an office to
62-27 enjoin the person from engaging in the prohibited activity. The
63-1 commission [board] is not required to give bond as a condition to
63-2 the issuance of injunctive relief.
63-3 (f) The state fire marshal, a fire chief, a fire marshal,
63-4 their deputies, or a police or peace officer may seize illegal
63-5 fireworks as defined by this article. Fireworks seized in the
63-6 enforcement of this article shall be kept in the custody of the
63-7 seizing agent or the sheriff of the county in which the fireworks
63-8 were seized. The owner of the seized fireworks may file an action
63-9 contesting the seizure in a district court in the county in which
63-10 the fireworks were seized. The court may, not later than the 30th
63-11 day after the hearing on the seizure, authorize the return of part
63-12 or all of the confiscated fireworks. The court shall order any
63-13 fireworks not returned to be destroyed. If an action contesting
63-14 the seizure is not filed by the 30th day after the seizure, the
63-15 seizing agent or the sheriff shall destroy the fireworks.
63-16 Sec. 20. DEPOSIT OF FEES IN TREASURY. The fees collected
63-17 under this article shall be deposited in the state treasury to the
63-18 credit of the insurance board operating fund and may not be
63-19 appropriated for a purpose other than activities of the State Board
63-20 of Insurance.
63-21 SECTION 3.17. The following laws are repealed:
63-22 (1) Section 2(3), Article 5.43-2, Insurance Code; and
63-23 (2) Section 1(4), Article 5.43-3, Insurance Code.
63-24 SECTION 3.18. The change in law made by Section 13, Article
63-25 5.43-1, Insurance Code, Section 10A, Article 5.43-2, Insurance
63-26 Code, Section 9A, Article 5.43-3, Insurance Code, and Section 18A,
63-27 Article 5.43-4, Insurance Code, as added by this Act, applies only
64-1 to a disciplinary proceeding commenced on or after the effective
64-2 date of this Act. A disciplinary proceeding commenced before the
64-3 effective date of this Act is governed by the law in effect
64-4 immediately before the effective date of this Act, and that law is
64-5 continued in effect for this purpose.
64-6 ARTICLE 4. DIVISION OF EMERGENCY MANAGEMENT
64-7 SECTION 4.01. Subchapter E, Chapter 418, Government Code,
64-8 is amended by adding Section 418.110 to read as follows:
64-9 Sec. 418.110. STATEWIDE MUTUAL AID PROGRAM FOR FIRE
64-10 EMERGENCIES. The division, in consultation with the Texas
64-11 Commission on Fire Protection, shall develop a statewide mutual aid
64-12 program for fire emergencies.
64-13 ARTICLE 5. EFFECTIVE DATE AND EMERGENCY
64-14 SECTION 5.01. This Act takes effect September 1, 1997.
64-15 SECTION 5.02. The importance of this legislation and the
64-16 crowded condition of the calendars in both houses create an
64-17 emergency and an imperative public necessity that the
64-18 constitutional rule requiring bills to be read on three several
64-19 days in each house be suspended, and this rule is hereby suspended.