By Armbrister S.B. No. 371
75R1799 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Commission
1-3 on Fire Protection.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. OPERATIONS OF THE COMMISSION
1-6 SECTION 1.01. Section 419.003, Government Code, is amended
1-7 to read as follows:
1-8 Sec. 419.003. SUNSET PROVISION. The Texas Commission on
1-9 Fire Protection is subject to Chapter 325 (Texas Sunset Act).
1-10 Unless continued in existence as provided by that chapter, the
1-11 commission is abolished and this chapter expires September 1, 2009
1-12 [1997].
1-13 SECTION 1.02. Section 419.004, Government Code, is amended
1-14 by amending Subsection (a) and adding Subsection (e) to read as
1-15 follows:
1-16 (a) The commission is composed of the following 12 members:
1-17 (1) two [three] chief officers with a minimum rank of
1-18 battalion chief employed in fire departments as defined by Section
1-19 419.021 that are under the jurisdiction of the commission, at least
1-20 one [two] of whom must be the head [heads] of a [their] fire
1-21 department [departments], and one of whom must be employed by a
1-22 political subdivision with a population of less than 50,000 and [,]
1-23 one of whom must be employed by a political subdivision with a
1-24 population of at least 50,000 [to 200,000, and one must be
2-1 employed by a political subdivision with a population of more than
2-2 200,000];
2-3 (2) two [three] fire protection personnel as defined
2-4 by Section 419.021 with the rank of captain or below employed in
2-5 fire departments or other appropriate local authorities under the
2-6 jurisdiction of the commission, at least one of whom must be
2-7 actively involved in educating the public on fire prevention as a
2-8 significant part of the person's duties, and one of whom must be
2-9 employed by a political subdivision with a population of less than
2-10 50,000 and [,] one of whom must be employed by a political
2-11 subdivision with a population of at least 50,000 [to 200,000, and
2-12 one must be employed by a political subdivision with a population
2-13 of more than 200,000];
2-14 (3) two [three] persons who are volunteer fire chiefs
2-15 or volunteer fire fighters;
2-16 (4) one certified fire protection engineer;
2-17 (5) one certified arson investigator; [and]
2-18 (6) one fire protection instructor from an institution
2-19 of higher education as defined by Section 61.003, Education Code;
2-20 and
2-21 (7) three representatives of the general public.
2-22 (e) A person is not eligible for appointment as a public
2-23 member of the commission if the person or the person's spouse:
2-24 (1) is registered, certified, or licensed by the
2-25 commission;
2-26 (2) is employed by or participates in the management
2-27 of a business entity or other organization regulated by the
3-1 commission or receiving funds from the commission;
3-2 (3) owns or controls, directly or indirectly, more
3-3 than a 10 percent interest in a business entity or other
3-4 organization regulated by the commission or receiving funds from
3-5 the commission; or
3-6 (4) uses or receives a substantial amount of tangible
3-7 goods, services, or funds from the commission, other than
3-8 compensation or reimbursement authorized by law for commission
3-9 membership, attendance, or expenses.
3-10 SECTION 1.03. Section 419.005(c), Government Code, is
3-11 amended to read as follows:
3-12 (c) If the executive director has knowledge that a potential
3-13 ground for removal exists, the executive director shall notify the
3-14 presiding officer of the commission of the ground. The presiding
3-15 officer shall then notify the governor and the attorney general
3-16 that a potential ground for removal exists. If the potential
3-17 ground for removal involves the presiding officer, the executive
3-18 director shall notify the next highest ranking officer of the
3-19 commission, who shall notify the governor and the attorney general
3-20 that a potential ground for removal exists.
3-21 SECTION 1.04. Subchapter A, Chapter 419, Government Code, is
3-22 amended by adding Section 419.0071 to read as follows:
3-23 Sec. 419.0071. COMMISSION MEMBER TRAINING. (a) To be
3-24 eligible to take office as a member of the commission, a person
3-25 appointed to the commission must complete at least one course of a
3-26 training program that complies with this section.
3-27 (b) The training program must provide information to the
4-1 person regarding:
4-2 (1) the enabling legislation that created the
4-3 commission;
4-4 (2) the programs operated by the commission;
4-5 (3) the role and functions of the commission;
4-6 (4) the rules of the commission with an emphasis on
4-7 the rules that relate to disciplinary and investigatory authority;
4-8 (5) the current budget for the commission;
4-9 (6) the results of the most recent formal audit of the
4-10 commission;
4-11 (7) the requirements of the:
4-12 (A) open meetings law, Chapter 551;
4-13 (B) open records law, Chapter 552; and
4-14 (C) administrative procedure law, Chapter 2001;
4-15 (8) the requirements of the conflict of interest laws
4-16 and other laws relating to public officials; and
4-17 (9) any applicable ethics policies adopted by the
4-18 commission or the Texas Ethics Commission.
4-19 (c) A person appointed to the commission is entitled to
4-20 reimbursement for travel expenses incurred in attending the
4-21 training program, as provided by the General Appropriations Act and
4-22 as if the person were a member of the commission.
4-23 SECTION 1.05. Sections 419.009(d), (e), (f), and (g) are
4-24 amended to read as follows:
4-25 (d) The executive director or the executive director's
4-26 designee shall develop an intraagency career ladder program that
4-27 addresses opportunities for mobility and advancement for employees
5-1 within the commission. The program shall require intraagency
5-2 postings of all [nonentry level] positions concurrently with any
5-3 public posting.
5-4 (e) The executive director or the executive director's
5-5 designee shall develop a system of annual performance evaluations
5-6 that are based on documented employee performance. All merit pay
5-7 for commission employees must be based on the system established
5-8 under this subsection.
5-9 (f) The executive director or the executive director's
5-10 designee shall prepare and maintain a written policy statement to
5-11 assure implementation of a program of equal employment opportunity
5-12 under which all personnel transactions are made without regard to
5-13 race, color, disability [handicap], sex, religion, age, or national
5-14 origin. The policy statement must include:
5-15 (1) personnel policies, including policies relating to
5-16 recruitment, evaluation, selection, appointment, training, and
5-17 promotion of personnel that are in compliance with the requirements
5-18 of Chapter 21, Labor Code;
5-19 (2) a comprehensive analysis of the commission work
5-20 force that meets federal and state guidelines;
5-21 (3) procedures by which a determination can be made
5-22 about the extent of underuse [of significant underutilization] in
5-23 the commission work force of all persons for whom federal or state
5-24 guidelines encourage a more equitable balance; and
5-25 (4) reasonable methods to appropriately address those
5-26 areas of underuse [significant underutilization].
5-27 (g) A policy statement prepared under Subsection (f) must
6-1 cover an annual period, be updated [at least] annually and reviewed
6-2 by the Commission on Human Rights for compliance with Subsection
6-3 (f)(1), and be filed with the governor's office.
6-4 SECTION 1.06. Sections 419.010 and 419.011, Government Code,
6-5 are amended to read as follows:
6-6 Sec. 419.010. FISCAL REPORT. The commission shall prepare
6-7 [file] annually [with the governor and the presiding officer of
6-8 each house of the legislature] a complete and detailed written
6-9 report accounting for all funds received and disbursed by the
6-10 commission during the preceding fiscal year. The annual report
6-11 must meet the reporting requirements applicable to financial
6-12 reporting provided in [be in the form and reported in the time
6-13 provided by] the General Appropriations Act.
6-14 Sec. 419.011. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
6-15 (a) The commission shall prepare information of public interest
6-16 describing the functions of the commission and the commission's
6-17 procedures by which complaints are filed with and resolved by the
6-18 commission. The commission shall make the information available to
6-19 the public and appropriate state agencies.
6-20 (b) The commission shall keep a [an information] file about
6-21 each written complaint filed with the commission that the
6-22 commission has authority to resolve. The commission shall provide
6-23 to the person filing the complaint and the persons or entities
6-24 complained about the commission's policies and procedures
6-25 pertaining to complaint investigation and resolution. The [If a
6-26 written complaint is filed with the commission that the commission
6-27 has authority to resolve, the] commission, at least quarterly and
7-1 until final disposition of the complaint, shall notify the person
7-2 filing the complaint and the persons or entities complained about
7-3 [parties to the complaint] of the status of the complaint unless
7-4 the notice would jeopardize an undercover investigation.
7-5 (c) The commission shall keep information about each
7-6 complaint filed with the commission. The information shall
7-7 include:
7-8 (1) the date the complaint is received;
7-9 (2) the name of the complainant;
7-10 (3) the subject matter of the complaint;
7-11 (4) a record of all persons contacted in relation to
7-12 the complaint;
7-13 (5) a summary of the results of the review or
7-14 investigation of the complaint; and
7-15 (6) for complaints for which the agency took no
7-16 action, an explanation of the reason the complaint was closed
7-17 without action.
7-18 (d) The commission shall comply with federal and state laws
7-19 related to program and facility accessibility. The executive
7-20 director [commission] shall also prepare and maintain a written
7-21 plan that describes how a person who does not speak English [or who
7-22 has a physical, mental, or developmental disability] can be
7-23 provided reasonable access to the commission's programs.
7-24 SECTION 1.07. Section 419.901, Government Code, is amended
7-25 to read as follows:
7-26 Sec. 419.901. FIRE SUPPRESSION RATINGS [KEY RATE] SCHEDULE.
7-27 (a) [The commission shall review the key rate schedule of the
8-1 State Board of Insurance at least once every four years. The
8-2 commission shall recommend changes that the commission believes
8-3 should be made in the schedule to the board.]
8-4 [(b) The commission shall inspect municipalities, using the
8-5 key rate schedule, recommend the key rate to the State Board of
8-6 Insurance for its approval, and report information obtained as a
8-7 result of the inspection to the board. If the board does not
8-8 approve a rate recommended by the commission, the board shall
8-9 inform the commission of the reason and the commission shall
8-10 recommend another rate.]
8-11 [(c)] The commission and the Texas Department [State Board]
8-12 of Insurance shall adopt a memorandum of understanding that
8-13 coordinates their respective duties relating to the department's
8-14 fire suppression ratings [key rate] schedule.
8-15 (b) The commission may provide technical assistance to paid
8-16 fire departments, volunteer fire departments, and local governments
8-17 responding to the use of the fire suppression rating schedule.
8-18 SECTION 1.08. Subchapter Z, Chapter 419, Government Code, is
8-19 amended by adding Section 419.907 to read as follows:
8-20 Sec. 419.907. STATEWIDE MUTUAL AID PROGRAM. The commission,
8-21 in consultation with the division of emergency management of the
8-22 office of the governor, shall develop a statewide mutual aid
8-23 program that specifies how and when the state will provide and
8-24 coordinate emergency assistance to local authorities during a fire
8-25 emergency.
8-26 SECTION 1.09. (a) The changes in law made by this Act in
8-27 the qualifications of, and the prohibitions applying to, members of
9-1 the Texas Commission on Fire Protection do not affect the
9-2 entitlement of a member serving on the commission immediately
9-3 before September 1, 1997, to continue to carry out the functions of
9-4 the commission for the remainder of the member's term. The changes
9-5 in law apply only to a member appointed on or after September 1,
9-6 1997. This Act does not prohibit a person who is a member of the
9-7 commission on September 1, 1997, from being reappointed to the
9-8 commission if the person has the qualifications required for a
9-9 member under Chapter 419, Government Code, as amended by this Act.
9-10 (b) The governor shall make appointments to the commission
9-11 on or after the effective date of this Act as terms of members of
9-12 the commission expire and as vacancies in unexpired terms occur on
9-13 the commission to accomplish, as soon as possible, the membership
9-14 plan for the commission established by Section 419.004, Government
9-15 Code, as amended by this Act.
9-16 ARTICLE 2. RULEMAKING
9-17 SECTION 2.01. Subchapter A, Chapter 419, Government Code, is
9-18 amended by adding Section 419.0082 to read as follows:
9-19 Sec. 419.0082. RULEMAKING. (a) In adopting or amending a
9-20 rule under Section 419.008(a) or any other law, the commission
9-21 shall seek the input of the appropriate advisory bodies to the
9-22 commission. The commission shall permit each appropriate advisory
9-23 body to review and comment on any proposed rule, including a
9-24 proposed amendment to a rule, before the rule is adopted.
9-25 (b) The commission may not adopt a rule, including an
9-26 amendment to a rule, before the commission meeting held after the
9-27 commission meeting at which the rule is first proposed.
10-1 (c) This section does not apply to an emergency rule adopted
10-2 under Section 2001.034.
10-3 ARTICLE 3. ADVISORY BODIES
10-4 SECTION 3.01. Section 419.023, Government Code, is amended
10-5 to read as follows:
10-6 Sec. 419.023. FIRE FIGHTER [PROTECTION PERSONNEL] ADVISORY
10-7 COMMITTEE. (a) The commission shall establish a fire fighter
10-8 [protection personnel] advisory committee to assist the commission
10-9 in matters relating to fire protection personnel, volunteer fire
10-10 fighters, [and] fire departments, and volunteer fire departments.
10-11 The committee shall be composed of nine members appointed by the
10-12 commission.
10-13 (b) Three [Six] members of the committee must be fire
10-14 protection personnel or retired fire protection personnel. Three
10-15 members must be volunteer fire fighters. The members appointed
10-16 under this subsection must [who] collectively represent various
10-17 areas in the field of fire protection.
10-18 (c) Three members of the committee must be instructors of
10-19 fire protection personnel or volunteer fire fighters.
10-20 (d) The State Firemen's and Fire Marshals' Association of
10-21 Texas may, on request by the commission, recommend volunteer fire
10-22 fighters and instructors of volunteer fire fighters for appointment
10-23 to the committee. The Texas State Association of Fire Fighters
10-24 may, on request by the commission, recommend fire protection
10-25 personnel, retired fire protection personnel, and instructors of
10-26 fire protection personnel for appointment to the committee.
10-27 (e) A committee member serves at the will of the commission.
11-1 (f) [(b)] The committee shall elect a member of the
11-2 committee as the presiding officer of the committee. The committee
11-3 shall meet at least twice each calendar year at the call of the
11-4 presiding officer or at the call of the commission.
11-5 (g) [(c)] The committee periodically shall review commission
11-6 rules relating to fire protection personnel, [and] fire
11-7 departments, and other fire fighters and fire fighting
11-8 organizations that are subject to regulation under this subchapter
11-9 and recommend changes in the rules to the commission.
11-10 [Notwithstanding Chapter 2001.031, the commission shall submit all
11-11 proposed changes and additions to the rules that relate to fire
11-12 protection personnel and fire departments to the committee for
11-13 development. If the commission does not approve a rule developed
11-14 by the committee, the commission shall indicate to the committee
11-15 the reasons that the commission did not approve the rule and return
11-16 the rule to the committee for further development.]
11-17 SECTION 3.02. Sections 419.054(a) and (c), Government Code,
11-18 are amended to read as follows:
11-19 (a) The funds allocation advisory committee is composed of
11-20 six members appointed by the commission. The [Three members are
11-21 appointed by the] State Firemen's and Fire Marshals' Association of
11-22 Texas and [. Three members are appointed by] the Texas State
11-23 Association of Fire Fighters may, on request by the commission,
11-24 recommend individuals for appointment to the committee. A
11-25 committee member serves at the will of the commission [authority
11-26 that appointed the member].
11-27 (c) The committee shall assist the commission in matters
12-1 relating to the administration of this subchapter. The committee
12-2 periodically shall review commission rules relating to the program
12-3 and recommend changes in the rules to the commission.
12-4 [Notwithstanding Chapter 2001.031, the commission shall submit all
12-5 proposed changes and additions to the rules that relate to the
12-6 program to the committee for development. If the commission does
12-7 not approve a rule developed by the committee, the commission shall
12-8 indicate to the committee the reasons that the commission did not
12-9 approve the rule and return the rule to the committee for further
12-10 development.]
12-11 SECTION 3.03. Section 9, Article 5.43-1, Insurance Code, is
12-12 amended to read as follows:
12-13 Sec. 9. FIRE EXTINGUISHER ADVISORY COUNCIL [DELEGATION OF
12-14 POWER BY STATE BOARD OF INSURANCE]. (a) The Texas Commission on
12-15 Fire Protection [State Board of Insurance] may delegate the
12-16 exercise of all or part of its functions, powers, and duties under
12-17 this article, except for the issuance of licenses, certificates,
12-18 and permits, to a Fire Extinguisher Advisory Council whose members
12-19 shall be appointed by the commission [State Board of Insurance].
12-20 The council shall assist in the review and formulation of rules
12-21 adopted under this article and shall periodically review commission
12-22 rules implementing this article and recommend changes in the rules
12-23 to the commission [in accordance with Section 417.0041, Government
12-24 Code].
12-25 (b) The members of the council shall be experienced and
12-26 knowledgeable in one or more of the following areas: fire services,
12-27 fire extinguisher manufacturing, fire insurance inspection or
13-1 underwriting, fire extinguisher servicing, or be a member of a fire
13-2 protection association or industrial safety association.
13-3 SECTION 3.04. Section 6, Article 5.43-2, Insurance Code, is
13-4 amended to read as follows:
13-5 Sec. 6. POWERS AND DUTIES OF THE TEXAS COMMISSION ON FIRE
13-6 PROTECTION [STATE BOARD OF INSURANCE]. (a) The Texas Commission
13-7 on Fire Protection [board] shall delegate authority to exercise
13-8 all or part of its functions, powers, and duties under this
13-9 article, including the issuance of certificates and licenses, to
13-10 the state fire marshal, and the state fire marshal along with
13-11 assistance of an advisory council to be appointed by the commission
13-12 [board] shall implement such rules as may be determined by the
13-13 commission [board in accordance with Section 417.0041, Government
13-14 Code] to be essentially necessary for the protection and
13-15 preservation of life and property in controlling:
13-16 (1) the registration of persons and organizations
13-17 engaging in the business of planning, certifying, leasing, selling,
13-18 servicing, installing, monitoring, or maintaining fire alarm or
13-19 fire detection devices or systems; and
13-20 (2) the requirements for the planning, certifying,
13-21 leasing, selling, servicing, installing, monitoring, or maintaining
13-22 of fire alarm or fire detection devices or systems by:
13-23 (A) conducting examinations and evaluating the
13-24 qualifications of applicants for a certificate of registration to
13-25 engage in the business of planning, certifying, leasing, selling,
13-26 servicing, installing, monitoring, or maintaining fire alarm or
13-27 fire detection devices or systems;
14-1 (B) conducting examinations and evaluating the
14-2 qualifications of applicants for fire alarm technician, residential
14-3 fire alarm superintendent, or fire alarm planning superintendent
14-4 licenses;
14-5 (C) evaluating and determining which
14-6 organizations shall be approved as testing laboratories for the
14-7 purpose of this article; and
14-8 (D) evaluating and approving required training
14-9 programs for all persons who engage in the business of planning,
14-10 certifying, leasing, selling, servicing, installing, monitoring, or
14-11 maintaining fire alarm or fire detection devices or systems.
14-12 (b) An advisory council appointed under this section is
14-13 composed of seven individuals as follows:
14-14 (1) three individuals employed by any registered firm
14-15 in the fire protection industry who have a minimum of three years
14-16 experience in the sale, installation, maintenance, or manufacturing
14-17 of fire alarm or fire detection devices;
14-18 (2) two individuals experienced in the engineering of
14-19 fire prevention services or a member of a fire protection
14-20 association;
14-21 (3) one person experienced and employed by a
14-22 municipality or county as a fire prevention officer; and
14-23 (4) one person who is employed by any registered firm
14-24 and who has at least three years experience in the operation of a
14-25 central fire alarm monitoring station.
14-26 (c) The advisory council shall periodically review rules
14-27 implementing this article and recommend changes in the rules to the
15-1 Texas Commission on Fire Protection.
15-2 (d) The Texas Commission on Fire Protection [board] may,
15-3 after notice and opportunity for hearing, increase or decrease the
15-4 limits of insurance coverage.
15-5 SECTION 3.05. Section 6, Article 5.43-3, Insurance Code, is
15-6 amended to read as follows:
15-7 Sec. 6. ADVISORY COUNCIL. (a) The Fire Protection Advisory
15-8 Council is created. The Texas Commission on Fire Protection
15-9 [board] shall appoint the members of the advisory council, who
15-10 shall serve at the pleasure of the commission [board].
15-11 (b) The advisory council, in addition to other duties
15-12 delegated by the Texas Commission on Fire Protection [board], shall
15-13 [in accordance with Section 417.0041, Government Code]:
15-14 (1) advise the State Fire Marshal concerning practices
15-15 in the fire protection sprinkler system industry and the rules
15-16 necessary to implement and administer this article; and
15-17 (2) make recommendations to the State Fire Marshal
15-18 regarding forms and procedures for certificates of registration and
15-19 licenses.
15-20 (c) The advisory council shall have seven members as
15-21 follows:
15-22 (1) three individuals who have been actively engaged
15-23 in the management of a fire protection sprinkler system business
15-24 for not less than five years preceding their appointment;
15-25 (2) one representative of the engineering section of
15-26 the board's property division;
15-27 (3) one volunteer fire fighter [member of the State
16-1 Firemen's and Fire Marshal's Association of Texas]; and
16-2 (4) one member from each of two fire departments of
16-3 incorporated cities of this state.
16-4 (d) The advisory council shall periodically review rules
16-5 implementing this article and recommend changes in the rules to the
16-6 Texas Commission on Fire Protection.
16-7 (e) The State Firemen's and Fire Marshals' Association of
16-8 Texas may, on request by the Texas Commission on Fire Protection,
16-9 recommend a volunteer fire fighter for appointment to the advisory
16-10 council.
16-11 SECTION 3.06. Section 5, Article 5.43-4, Insurance Code, is
16-12 amended to read as follows:
16-13 Sec. 5. ADMINISTRATION. The Texas Commission on Fire
16-14 Protection [board] shall administer this article through the state
16-15 fire marshal and may issue rules for its administration in
16-16 accordance with Section 5B of this article [417.0041, Government
16-17 Code]. The commission [board], in promulgating rules, may use
16-18 standards recognized by federal law or regulation, and those
16-19 published by a nationally recognized standards-making organization.
16-20 Rules may not be adopted under this article that are more
16-21 restrictive than the rules in effect on January 1, 1991, without
16-22 specific statutory authority.
16-23 SECTION 3.07. Section 5B, Article 5.43-4, Insurance Code, is
16-24 amended to read as follows:
16-25 Sec. 5B. ADVISORY COUNCIL. (a) The Texas Commission on
16-26 Fire Protection [commission] shall establish an advisory council to
16-27 assist the commission in the administration of this article. The
17-1 council is composed of five members who must be representatives
17-2 from the fireworks industry. The[, three of whom must be appointed
17-3 from a list submitted to the commission by the] Texas Pyrotechnic
17-4 Association may, on request by the commission, recommend
17-5 individuals for appointment to the council. A council member
17-6 serves at the will of the commission.
17-7 (b) The council shall periodically review commission rules
17-8 relating to the program and recommend changes in the rules to the
17-9 commission. Notwithstanding Sections 419.0082 and 2001.031,
17-10 Government Code, the commission shall submit all proposed changes
17-11 and additions to the rules that relate to administration of this
17-12 article to the council for development. If the commission does not
17-13 approve a rule developed by the council, the commission shall
17-14 indicate to the council the reasons that the commission did not
17-15 approve the rule and return the rule to the council for further
17-16 development [assist the commission in the review and adoption of
17-17 rules under this article as provided by Section 417.0041,
17-18 Government Code].
17-19 SECTION 3.08. The heading of Subchapter B, Chapter 419,
17-20 Government Code, is amended to read as follows:
17-21 SUBCHAPTER B. REGULATING AND ASSISTING FIRE FIGHTERS AND
17-22 [FULLY PAID LOCAL FIRE PROTECTION PERSONNEL AND LOCAL]
17-23 FIRE DEPARTMENTS
17-24 SECTION 3.09. The following laws are repealed:
17-25 (1) Section 417.0041, Government Code;
17-26 (2) Section 2(3), Article 5.43-2, Insurance Code; and
17-27 (3) Section 1(4), Article 5.43-3, Insurance Code.
18-1 SECTION 3.10. The Fire Protection Personnel Advisory
18-2 Committee is abolished. As soon as possible on or after the
18-3 effective date of this Act, the Texas Commission on Fire Protection
18-4 shall establish and make appointments to the Fire Fighter Advisory
18-5 Committee under Section 419.023, Government Code, as amended by
18-6 this Act.
18-7 ARTICLE 4. CERTIFICATION AND LICENSING FUNCTIONS
18-8 SECTION 4.01. Subchapter B, Chapter 419, Government Code, is
18-9 amended by adding Section 419.0341 to read as follows:
18-10 Sec. 419.0341. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
18-11 RENEWAL. (a) Notwithstanding any other provision of this
18-12 subchapter, fire protection personnel certified under this
18-13 subchapter may continue to hold and renew the certificate without
18-14 regard to whether the person continues to be employed by a local
18-15 authority or fire department.
18-16 (b) Former fire protection personnel who are no longer
18-17 employed by a local authority or fire department may renew an
18-18 unexpired certificate before the expiration of the certificate by:
18-19 (1) submitting evidence satisfactory to the commission
18-20 of completion of any required professional education; and
18-21 (2) by paying to the commission the required renewal
18-22 fee.
18-23 (c) If a person's certificate has been expired for 30 days
18-24 or less, the person may renew the certificate by:
18-25 (1) submitting evidence satisfactory to the commission
18-26 of completion of any required professional education; and
18-27 (2) paying to the commission the required renewal fee
19-1 and a fee that is one-half of the certification fee for the
19-2 certificate.
19-3 (d) If a person's certificate has been expired for longer
19-4 than 30 days but less than one year, the person may renew the
19-5 certificate by:
19-6 (1) submitting evidence satisfactory to the commission
19-7 of completion of any required professional education; and
19-8 (2) paying to the commission all unpaid renewal fees
19-9 and a fee that is equal to the certification fee.
19-10 (e) If a person's certificate has been expired for one year
19-11 or longer, the person may not renew the certificate.
19-12 (f) After receiving notice that a person is no longer
19-13 employed by a local authority or fire department, the commission,
19-14 at least 30 days before the expiration of a person's certificate,
19-15 shall send written notice of the impending certificate expiration
19-16 to the last known address of the person according to the records of
19-17 the commission.
19-18 SECTION 4.02. Subchapter D, Chapter 419, Government Code, is
19-19 amended to read as follows:
19-20 SUBCHAPTER D. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS
19-21 Sec. 419.071. VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER
19-22 FIRE FIGHTERS AND FIRE DEPARTMENTS. (a) The commission shall
19-23 develop a voluntary certification program for volunteer fire
19-24 fighters and volunteer fire departments. The program must include
19-25 the same components and requirements as the certification program
19-26 established under Subchapter B. The certification program for
19-27 volunteer fire fighters and volunteer fire departments may take
20-1 into account the different circumstances of volunteer fire
20-2 fighters in establishing deadlines for completion of various
20-3 components or requirements of the program.
20-4 (b) A certificate for a given type and level of
20-5 certification that is issued under the certification program
20-6 established under this section is equivalent to a certificate for
20-7 the same type and level issued under Subchapter B. The certificate
20-8 is subject to the same issuance and renewal requirements as a
20-9 certificate issued under Subchapter B, and a certificate holder may
20-10 be disciplined and regulated in the same manner as provided by
20-11 Subchapter B. [Components of the program developed by the
20-12 commission shall include voluntary certification of volunteer fire
20-13 fighters, voluntary certification of facilities that train
20-14 volunteer fire fighters, and voluntary inspection and certification
20-15 of protective clothing and self-contained breathing apparatus of
20-16 volunteer fire departments. A volunteer fire fighter or other
20-17 entity that chooses to become certified under a component of the
20-18 commission's certification program under this subchapter is subject
20-19 to commission rules that relate to that component.]
20-20 [(b) The commission shall contract with a statewide
20-21 organization whose members include both volunteer and paid fire
20-22 fighters to administer and implement the program. The commission
20-23 in the contract shall reserve the right to evaluate the
20-24 administration and implementation of the program under the contract
20-25 and the right to observe and to require information from the other
20-26 party to the contract so that the commission may perform a
20-27 meaningful evaluation.]
21-1 (c) A volunteer fire fighter, volunteer fire department, or
21-2 facility that provides training to volunteer fire fighters is not
21-3 required to participate in any component of the commission's
21-4 program under this chapter. A volunteer fire fighter, volunteer
21-5 fire department, or facility that provides training to volunteer
21-6 fire fighters may on request participate in one or more components
21-7 of the program under this subchapter as appropriate. The volunteer
21-8 fire department with which a volunteer fire fighter is affiliated
21-9 may, but is not required to, pay the certificate fee for a
21-10 volunteer fire fighter certified under this subchapter.
21-11 (d) At least 30 days before the expiration of a volunteer
21-12 fire fighter's certificate, the commission shall send written
21-13 notice of the impending certificate expiration to the last known
21-14 address of the fire fighter according to the records of the
21-15 commission. [The program shall make available to volunteer fire
21-16 fighters the same level of training that is made available to paid
21-17 fire protection personnel and recruits through the commission's
21-18 basic certification program under Subchapter B, but in a way that
21-19 takes into account the circumstances of volunteer fire fighters.]
21-20 [(e) The commission by rule may:]
21-21 [(1) establish qualifications relating to minimum age,
21-22 education, and physical and mental condition required for
21-23 certification under this subchapter;]
21-24 [(2) establish standards relating to training programs
21-25 and to continuing education under this subchapter;]
21-26 [(3) establish the training components required for
21-27 certification under this subchapter;]
22-1 [(4) establish testing procedures for certification
22-2 candidates and procedures to test the satisfactory completion of
22-3 training components; and]
22-4 [(5) recognize other training for credit towards
22-5 certification under this chapter.]
22-6 [(f) Qualifications established for persons under this
22-7 section may only be qualifications for certification and may not be
22-8 qualifications for entering a certification program.]
22-9 Sec. 419.072[. VOLUNTEER FIRE FIGHTER ADVISORY COMMITTEE.
22-10 (a) The commission shall establish a volunteer fire fighter
22-11 advisory committee to assist the commission in matters relating to
22-12 volunteer fire fighters and volunteer fire departments. The
22-13 committee shall be composed of nine members appointed by the
22-14 commission. Six members must be volunteer fire fighters who
22-15 collectively represent various areas in the field of fire
22-16 protection. Three members must be instructors of volunteer fire
22-17 fighters. Six of the nine members must be appointed from a list
22-18 submitted each year before September 1 to the commission by the
22-19 State Firemen's and Fire Marshals' Association of Texas. A
22-20 committee member:]
22-21 [(1) serves at the will of the commission;]
22-22 [(2) serves for a one-year term that expires February
22-23 1; and]
22-24 [(3) may be reappointed to the committee after the
22-25 expiration of a term.]
22-26 [(b) The committee shall elect a member of the committee as
22-27 presiding officer of the committee. The committee shall meet at
23-1 least twice each calendar year at the call of the presiding officer
23-2 or at the call of the commission.]
23-3 [(c) The committee shall develop and recommend to the
23-4 commission for approval the rules of the program under this
23-5 subchapter. The committee periodically shall review commission
23-6 rules relating to the commission's program under this subchapter
23-7 and recommend changes in the rules to the commission.
23-8 Notwithstanding Chapter 2001.031, the commission shall submit all
23-9 proposed rules and all proposed changes and additions to the rules
23-10 that relate to the program under this subchapter to the committee
23-11 for development. If the commission does not approve a rule
23-12 developed by the committee, the commission shall indicate to the
23-13 committee the reasons that the commission did not approve the rule
23-14 and return the rule to the committee for further development.]
23-15 [Sec. 419.073. CERTIFICATION FEE. The commission shall set
23-16 and collect a fee of not more than $10 for each certificate issued
23-17 under this subchapter designed to recover the commission's costs
23-18 under this subchapter. The commission may choose to pay the fee
23-19 out of money appropriated for the implementation of Subchapter C.]
23-20 [Sec. 419.074. RECOGNITION OF CERTAIN PRIOR CERTIFICATIONS.
23-21 (a) The commission shall, on application, certify a person under
23-22 the commission's program under this subchapter if the person
23-23 received an advanced certificate from the State Firemen's and Fire
23-24 Marshals' Association of Texas before September 1, 1993.]
23-25 [(b) A volunteer fire fighter who receives an advanced
23-26 certificate from the State Firemen's and Fire Marshals' Association
23-27 of Texas after September 1, 1993, shall on application be certified
24-1 under this subchapter:]
24-2 [(1) if the commission determines that the standards
24-3 under which the volunteer fire fighter received the advanced
24-4 certificate are at least as stringent as the applicable standards
24-5 in effect for that certificate on January 1, 1993; and]
24-6 [(2) after the successful completion of an examination
24-7 administered by the commission for the purpose of certification
24-8 under this subchapter.]
24-9 [Sec. 419.075]. OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER
24-10 [BECOMING CERTIFIED UNDER SUBCHAPTER B]. (a) Notwithstanding
24-11 anything to the contrary in Subchapter B, a fire department may
24-12 appoint as fire protection personnel or employ as a part-time fire
24-13 protection employee a [A] volunteer fire fighter or former
24-14 volunteer fire fighter who is certified by the commission under
24-15 this subchapter. On receiving the appointment from or obtaining
24-16 the part-time employment with the employing fire department, the
24-17 person is considered to be certified fire protection personnel or a
24-18 certified part-time fire protection employee, as applicable. [is
24-19 eligible to be certified to be fire protection personnel under
24-20 Subchapter B if the person successfully completes the fire
24-21 protection personnel examination administered under Subchapter B on
24-22 the first or second attempt. A volunteer fire fighter who is
24-23 certified by the commission under this subchapter and who does not
24-24 successfully complete the fire protection personnel examination
24-25 administered under Subchapter B on the first or second attempt is
24-26 eligible to be certified to be fire protection personnel under
24-27 Subchapter B only after completing a commission-approved
25-1 certification program under Subchapter B and subsequent successful
25-2 completion of the fire protection personnel examination
25-3 administered under Subchapter B.]
25-4 (b) In this section, "fire department" has the meaning
25-5 assigned by Section 419.021.
25-6 Sec. 419.073. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
25-7 RENEWAL. (a) A volunteer fire fighter certified under this
25-8 subchapter may continue to hold and renew the certificate without
25-9 regard to whether the person continues to be affiliated with a
25-10 volunteer fire department.
25-11 (b) A former volunteer fire fighter who is no longer
25-12 affiliated with a volunteer fire department may renew an unexpired
25-13 certificate before the expiration of the certificate by:
25-14 (1) submitting evidence satisfactory to the commission
25-15 of completion of any required professional education; and
25-16 (2) by paying to the commission the required renewal
25-17 fee.
25-18 (c) If a person's certificate has been expired for 30 days
25-19 or less, the person may renew the certificate by:
25-20 (1) submitting evidence satisfactory to the commission
25-21 of completion of any required professional education; and
25-22 (2) paying to the commission the required renewal fee
25-23 and a fee that is one-half of the certification fee for the
25-24 certificate.
25-25 (d) If a person's certificate has been expired for longer
25-26 than 30 days but less than one year, the person may renew the
25-27 certificate by:
26-1 (1) submitting evidence satisfactory to the commission
26-2 of completion of any required professional education; and
26-3 (2) paying to the commission all unpaid renewal fees
26-4 and a fee that is equal to the certification fee.
26-5 (e) If a person's certificate has been expired for one year
26-6 or longer, the person may not renew the certificate.
26-7 SECTION 4.03. Subchapter B, Chapter 419, Government Code, is
26-8 amended by adding Sections 419.0225 and 419.0365 to read as
26-9 follows:
26-10 Sec. 419.0225. CERTAIN RULES PROHIBITED. (a) The
26-11 commission may not adopt rules restricting competitive bidding or
26-12 advertising by a certificate holder except to prohibit false,
26-13 misleading, or deceptive practices.
26-14 (b) In its rules to prohibit false, misleading, or deceptive
26-15 practices, the commission may not include a rule that:
26-16 (1) restricts the use of any medium for advertising;
26-17 (2) restricts the use of a certificate holder's
26-18 personal appearance or voice in an advertisement;
26-19 (3) relates to the size or duration of an
26-20 advertisement by the certificate holder; or
26-21 (4) restricts the certificate holder's advertisement
26-22 under a trade name.
26-23 Sec. 419.0365. DISCIPLINARY HEARING. If the commission
26-24 proposes to suspend, revoke, or refuse to renew a person's
26-25 certificate, the person is entitled to a hearing conducted by the
26-26 State Office of Administrative Hearings. Proceedings for a
26-27 disciplinary action are governed by the administrative procedure
27-1 law, Chapter 2001. Rules of practice adopted by the commission
27-2 under Section 2001.004 applicable to the proceedings for a
27-3 disciplinary action may not conflict with rules adopted by the
27-4 State Office of Administrative Hearings.
27-5 SECTION 4.04. Subchapter F, Chapter 411, Government Code, is
27-6 amended by adding Section 411.1236 to read as follows:
27-7 Sec. 411.1236. ACCESS TO CRIMINAL HISTORY RECORD
27-8 INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (a) This
27-9 section applies only to a circumstance in which:
27-10 (1) the Texas Commission on Fire Protection or the
27-11 state fire marshal:
27-12 (A) issues or renews to an individual a license,
27-13 permit, certificate, or other similar authorization; and
27-14 (B) is authorized or required by law to obtain
27-15 criminal history record information relating to the individual; and
27-16 (2) another person, including a state agency or local
27-17 government:
27-18 (A) is authorized or required to obtain the same
27-19 information; and
27-20 (B) did obtain that information not earlier than
27-21 the 90th day before the date on which the individual makes an
27-22 application to the Texas Commission on Fire Protection or the state
27-23 fire marshal for issuance or renewal of the license, permit,
27-24 certificate, or other similar authorization.
27-25 (b) In a circumstance described by Subsection (a), the Texas
27-26 Commission on Fire Protection or the state fire marshal shall
27-27 obtain criminal history record information from the person who has
28-1 obtained the required information as described by Subsection
28-2 (a)(2). On request from the Texas Commission on Fire Protection or
28-3 the state fire marshal under this section, the person shall provide
28-4 the information to the Texas Commission on Fire Protection or the
28-5 state fire marshal.
28-6 (c) Notwithstanding any other law or rule, the Texas
28-7 Commission on Fire Protection may disclose to the following persons
28-8 the fact that issuance or renewal of a license, permit,
28-9 certificate, or similar authorization was denied because of
28-10 criminal history record information:
28-11 (1) the individual who applied for the license,
28-12 permit, certificate, or similar authorization; and
28-13 (2) if the individual is requesting certification
28-14 under Subchapter B or D, Chapter 419, the local authority, fire
28-15 department, or volunteer fire department for which the fire
28-16 protection personnel or volunteer fire fighter would provide
28-17 services.
28-18 (d) The Texas Commission on Fire Protection or state fire
28-19 marshal may not disclose the content of the criminal history record
28-20 information under Subsection (c)(2).
28-21 SECTION 4.05. Section 7(b), Article 5.43-1, Insurance Code,
28-22 is amended to read as follows:
28-23 (b) The Texas Commission on Fire Protection, through the
28-24 State Fire Marshal, may suspend, revoke, or refuse to issue or
28-25 renew a license, apprentice permit, hydrostatic testing
28-26 certificate, certificate of registration, or approval of a testing
28-27 laboratory in accordance with Section 13 of this article [State
29-1 Board of Insurance may through the State Fire Marshal conduct
29-2 hearings or proceedings concerning the suspension, revocation, or
29-3 refusal of the issuance or renewal of licenses, apprentice permits,
29-4 hydrostatic testing certificates, certificates of registration, or
29-5 approvals of testing laboratories issued under this article or the
29-6 application to suspend, revoke, refuse to renew, or refuse to issue
29-7 the same].
29-8 SECTION 4.06. Article 5.43-1, Insurance Code, is amended by
29-9 adding Sections 8A and 13 to read as follows:
29-10 Sec. 8A. CERTAIN RULES PROHIBITED. (a) The Texas
29-11 Commission on Fire Protection may not adopt rules restricting
29-12 competitive bidding or advertising by the holder of a license,
29-13 permit, certificate, or approval issued under this article except
29-14 to prohibit false, misleading, or deceptive practices.
29-15 (b) In its rules to prohibit false, misleading, or deceptive
29-16 practices, the Texas Commission on Fire Protection may not include
29-17 a rule that:
29-18 (1) restricts the use of any medium for advertising;
29-19 (2) restricts the use of a license, permit,
29-20 certificate, or approval holder's personal appearance or voice in
29-21 an advertisement;
29-22 (3) relates to the size or duration of an
29-23 advertisement by the license, permit, certificate, or approval
29-24 holder; or
29-25 (4) restricts the license, permit, certificate, or
29-26 approval holder's advertisement under a trade name.
29-27 Sec. 13. DISCIPLINARY HEARING. If the State Fire Marshal
30-1 proposes to suspend, revoke, or refuse to renew a license, permit,
30-2 certificate, or approval issued under this article, the holder of
30-3 the license, permit, certificate, or approval is entitled to a
30-4 hearing conducted by the State Office of Administrative Hearings.
30-5 Proceedings for a disciplinary action are governed by the
30-6 administrative procedure law, Chapter 2001, Government Code. Rules
30-7 of practice adopted by the Texas Commission on Fire Protection
30-8 under Section 2001.004, Government Code, applicable to the
30-9 proceedings for a disciplinary action may not conflict with rules
30-10 adopted by the State Office of Administrative Hearings.
30-11 SECTION 4.07. Article 5.43-2, Insurance Code, is amended by
30-12 adding Sections 6A and 10A to read as follows:
30-13 Sec. 6A. CERTAIN RULES PROHIBITED. (a) The Texas
30-14 Commission on Fire Protection may not adopt rules restricting
30-15 competitive bidding or advertising by the holder of a license or
30-16 registration issued under this article except to prohibit false,
30-17 misleading, or deceptive practices.
30-18 (b) In its rules to prohibit false, misleading, or deceptive
30-19 practices, the Texas Commission on Fire Protection may not include
30-20 a rule that:
30-21 (1) restricts the use of any medium for advertising;
30-22 (2) restricts the use of a license or registration
30-23 holder's personal appearance or voice in an advertisement;
30-24 (3) relates to the size or duration of an
30-25 advertisement by the license or registration holder; or
30-26 (4) restricts the license or registration holder's
30-27 advertisement under a trade name.
31-1 Sec. 10A. DISCIPLINARY HEARING. If the State Fire Marshal
31-2 proposes to suspend, revoke, or refuse to renew a license or
31-3 certificate of registration of a person, the person is entitled to
31-4 a hearing conducted by the State Office of Administrative Hearings.
31-5 Proceedings for a disciplinary action are governed by the
31-6 administrative procedure law, Chapter 2001, Government Code. Rules
31-7 of practice adopted by the Texas Commission on Fire Protection
31-8 under Section 2001.004, Government Code, applicable to the
31-9 proceedings for a disciplinary action may not conflict with rules
31-10 adopted by the State Office of Administrative Hearings.
31-11 SECTION 4.08. Article 5.43-3, Insurance Code, is amended by
31-12 adding Sections 7A and 9A to read as follows:
31-13 Sec. 7A. CERTAIN RULES PROHIBITED. (a) The Texas
31-14 Commission on Fire Protection may not adopt rules restricting
31-15 competitive bidding or advertising by the holder of a certificate
31-16 of registration, license, or permit issued under this article
31-17 except to prohibit false, misleading, or deceptive practices.
31-18 (b) In its rules to prohibit false, misleading, or deceptive
31-19 practices, the Texas Commission on Fire Protection may not include
31-20 a rule that:
31-21 (1) restricts the use of any medium for advertising;
31-22 (2) restricts the use of a certificate, license, or
31-23 permit holder's personal appearance or voice in an advertisement;
31-24 (3) relates to the size or duration of an
31-25 advertisement by the certificate, license, or permit holder; or
31-26 (4) restricts the certificate, license, or permit
31-27 holder's advertisement under a trade name.
32-1 Sec. 9A. DISCIPLINARY HEARING. If the State Fire Marshal
32-2 proposes to suspend, revoke, or refuse to renew a certificate of
32-3 registration, license, or permit of a person, the person is
32-4 entitled to a hearing conducted by the State Office of
32-5 Administrative Hearings. Proceedings for a disciplinary action are
32-6 governed by the administrative procedure law, Chapter 2001,
32-7 Government Code. Rules of practice adopted by the Texas Commission
32-8 on Fire Protection under Section 2001.004, Government Code,
32-9 applicable to the proceedings for a disciplinary action may not
32-10 conflict with rules adopted by the State Office of Administrative
32-11 Hearings.
32-12 SECTION 4.09. Article 5.43-4, Insurance Code, is amended by
32-13 amending Section 18 and adding Sections 16A and 18A to read as
32-14 follows:
32-15 Sec. 16A. CERTAIN RULES PROHIBITED. (a) The Texas
32-16 Commission on Fire Protection may not adopt rules restricting
32-17 competitive bidding or advertising by the holder of a license or
32-18 permit issued under this article except to prohibit false,
32-19 misleading, or deceptive practices.
32-20 (b) In its rules to prohibit false, misleading, or deceptive
32-21 practices, the Texas Commission on Fire Protection may not include
32-22 a rule that:
32-23 (1) restricts the use of any medium for advertising;
32-24 (2) restricts the use of a license or permit holder's
32-25 personal appearance or voice in an advertisement;
32-26 (3) relates to the size or duration of an
32-27 advertisement by the license or permit holder; or
33-1 (4) restricts the license or permit holder's
33-2 advertisement under a trade name.
33-3 Sec. 18. ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF
33-4 [APPLICATIONS FOR AND HEARINGS ON] LICENSES AND PERMITS. (a) The
33-5 Texas Commission on Fire Protection [board] shall adopt rules for
33-6 applications and set qualifications for licenses and permits.
33-7 (b) The Texas Commission on Fire Protection [board] may,
33-8 through the state fire marshal, suspend, revoke, or refuse to issue
33-9 or renew [conduct hearings or proceedings concerning the
33-10 suspension, revocation, or refusal to issue or renew] a license or
33-11 permit.
33-12 (c) A license or permit may be denied, suspended, or
33-13 revoked, or renewal may be refused, if the Texas Commission on Fire
33-14 Protection [board], through the state fire marshal and after notice
33-15 and a public hearing conducted under Section 18A of this article,
33-16 finds that any provision of this article, or any rule promulgated
33-17 under this article, has been violated.
33-18 (d) A person or organization that has a license or permit
33-19 revoked may not reapply for the license or permit earlier than one
33-20 year from the date of revocation. A person reapplying under this
33-21 subsection must request a public hearing on the reissuance of the
33-22 license or permit, and has the burden of proving that a license or
33-23 permit should be granted.
33-24 Sec. 18A. DISCIPLINARY HEARING. If the state fire marshal
33-25 proposes to suspend, revoke, or refuse to renew a license or permit
33-26 of a person, the person is entitled to a hearing conducted by the
33-27 State Office of Administrative Hearings. Proceedings for a
34-1 disciplinary action are governed by the administrative procedure
34-2 law, Chapter 2001, Government Code. Rules of practice adopted by
34-3 the Texas Commission on Fire Protection under Section 2001.004,
34-4 Government Code, applicable to the proceedings for a disciplinary
34-5 action may not conflict with rules adopted by the State Office of
34-6 Administrative Hearings.
34-7 SECTION 4.10. The volunteer fire fighter advisory committee
34-8 established under Section 419.072, Government Code, is abolished.
34-9 SECTION 4.11. The change in law made by Section 419.0365,
34-10 Government Code, Section 13, Article 5.43-1, Insurance Code,
34-11 Section 10A, Article 5.43-2, Insurance Code, Section 9A, Article
34-12 5.43-3, Insurance Code, and Section 18A, Article 5.43-4, Insurance
34-13 Code, as added by this Act, applies only to a disciplinary
34-14 proceeding commenced on or after the effective date of this Act. A
34-15 disciplinary proceeding commenced before the effective date of this
34-16 Act is governed by the law in effect immediately before the
34-17 effective date of this Act, and that law is continued in effect for
34-18 this purpose.
34-19 ARTICLE 5. EFFECTIVE DATE; EMERGENCY
34-20 SECTION 5.01. This Act takes effect September 1, 1997.
34-21 SECTION 5.02. The importance of this legislation and the
34-22 crowded condition of the calendars in both houses create an
34-23 emergency and an imperative public necessity that the
34-24 constitutional rule requiring bills to be read on three several
34-25 days in each house be suspended, and this rule is hereby suspended.