1-1 By: Armbrister S.B. No. 371
1-2 (In the Senate - Filed March 14, 1997; March 19, 1997, read
1-3 first time and referred to Committee on State Affairs; May 2, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 13, Nays 0; May 2, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 371 By: Shapiro
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the continuation and functions of the Texas Commission
1-10 on Fire Protection and the transfer of certain commission functions
1-11 to the state fire marshal and the Texas Department of Insurance.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1. OPERATIONS OF THE COMMISSION
1-14 SECTION 1.01. Section 419.003, Government Code, is amended
1-15 to read as follows:
1-16 Sec. 419.003. SUNSET PROVISION. The Texas Commission on
1-17 Fire Protection is subject to Chapter 325 (Texas Sunset Act).
1-18 Unless continued in existence as provided by that chapter, the
1-19 commission is abolished and this chapter expires September 1, 2009
1-20 [1997].
1-21 SECTION 1.02. Section 419.004, Government Code, is amended
1-22 by amending Subsection (a) and adding Subsections (e) and (f) to
1-23 read as follows:
1-24 (a) The commission is composed of the following 12 members:
1-25 (1) two members to be selected from a list of five
1-26 names submitted by the Texas Fire Chiefs Association who are
1-27 [three] chief officers with a minimum rank that is equivalent to
1-28 the position immediately below that of the fire [of battalion]
1-29 chief and who are employed in fire departments as defined by
1-30 Section 419.021 that are under the jurisdiction of the commission,
1-31 at least one [two] of whom must be the head [heads] of a [their]
1-32 fire department [departments,] and one of whom must be employed by
1-33 a political subdivision with a population of less than 50,000[, one
1-34 must be employed by a political subdivision with a population of
1-35 50,000 to 200,000, and one must be employed by a political
1-36 subdivision with a population of more than 200,000];
1-37 (2) two members to be selected from a list of five
1-38 names submitted by the Texas State Association of Fire Fighters who
1-39 are [three] fire protection personnel as defined by Section 419.021
1-40 with the rank of battalion chief [captain] or below and who are
1-41 employed in fire departments or other appropriate local authorities
1-42 under the jurisdiction of the commission, [at least one of whom
1-43 must be actively involved in educating the public on fire
1-44 prevention as a significant part of the person's duties, and] one
1-45 of whom must be employed by a political subdivision with a
1-46 population of less than 50,000[, one must be employed by a
1-47 political subdivision with a population of 50,000 to 200,000, and
1-48 one must be employed by a political subdivision with a population
1-49 of more than 200,000];
1-50 (3) two members to be selected from a list of five
1-51 names submitted by the State Firemen's and Fire Marshals'
1-52 Association of Texas [three persons] who are volunteer fire chiefs
1-53 or volunteer fire fighters;
1-54 (4) one certified fire protection engineer;
1-55 (5) one certified arson investigator or certified fire
1-56 protection inspector; [and]
1-57 (6) one fire protection instructor from an institution
1-58 of higher education as defined by Section 61.003, Education Code;
1-59 and
1-60 (7) three public members.
1-61 (e) A person is not eligible for appointment as a public
1-62 member of the commission if the person or the person's spouse:
1-63 (1) is registered, certified, or licensed by the
1-64 commission;
2-1 (2) is employed by or participates in the management
2-2 of a business entity or other organization regulated by the
2-3 commission or receiving funds from the commission;
2-4 (3) owns or controls, directly or indirectly, more
2-5 than a 10 percent interest in a business entity or other
2-6 organization regulated by the commission or receiving funds from
2-7 the commission;
2-8 (4) uses or receives a substantial amount of tangible
2-9 goods, services, or funds from the commission, other than
2-10 compensation or reimbursement authorized by law for commission
2-11 membership, attendance, or expenses; or
2-12 (5) is a member of a paid or volunteer fire
2-13 department.
2-14 (f) A person is not eligible for appointment to the
2-15 commission if the person's spouse is a member of a paid or
2-16 volunteer fire department.
2-17 SECTION 1.03. Subsection (c), Section 419.005, Government
2-18 Code, is amended to read as follows:
2-19 (c) If the executive director has knowledge that a potential
2-20 ground for removal exists, the executive director shall notify the
2-21 presiding officer of the commission of the ground. The presiding
2-22 officer shall then notify the governor and the attorney general
2-23 that a potential ground for removal exists. If the potential
2-24 ground for removal involves the presiding officer, the executive
2-25 director shall notify the next highest ranking officer of the
2-26 commission, who shall notify the governor and the attorney general
2-27 that a potential ground for removal exists.
2-28 SECTION 1.04. Subchapter A, Chapter 419, Government Code, is
2-29 amended by adding Section 419.0071 to read as follows:
2-30 Sec. 419.0071. COMMISSION MEMBER TRAINING. (a) To be
2-31 eligible to take office as a member of the commission, a person
2-32 appointed to the commission must complete at least one course of a
2-33 training program that complies with this section.
2-34 (b) The training program must provide information to the
2-35 person regarding:
2-36 (1) the enabling legislation that created the
2-37 commission;
2-38 (2) the programs operated by the commission;
2-39 (3) the role and functions of the commission;
2-40 (4) the rules of the commission with an emphasis on
2-41 the rules that relate to disciplinary and investigatory authority;
2-42 (5) the current budget for the commission;
2-43 (6) the results of the most recent formal audit of the
2-44 commission;
2-45 (7) the requirements of the:
2-46 (A) open meetings law, Chapter 551;
2-47 (B) open records law, Chapter 552; and
2-48 (C) administrative procedure law, Chapter 2001;
2-49 (8) the requirements of the conflict of interests laws
2-50 and other laws relating to public officials; and
2-51 (9) any applicable ethics policies adopted by the
2-52 agency or the Texas Ethics Commission.
2-53 (c) A person appointed to the commission is entitled to
2-54 reimbursement for travel expenses incurred in attending the
2-55 training program, as provided by the General Appropriations Act and
2-56 as if the person were a member of the commission.
2-57 SECTION 1.05. Section 419.008, Government Code, is amended
2-58 to read as follows:
2-59 Sec. 419.008. GENERAL POWERS AND DUTIES. (a) The
2-60 commission may adopt rules for its internal management and control
2-61 and for the administration of its powers and duties.
2-62 (b) The commission shall perform the duties assigned to the
2-63 commission under this chapter or other law.
2-64 (c) The commission shall perform duties assigned by law to
2-65 the Commission on Fire Protection Personnel Standards and Education
2-66 or to the Fire Department Emergency Board.
2-67 (d) [The commission shall provide for the appointment and
2-68 supervision of the state fire marshal in accordance with Chapter
2-69 417.]
3-1 [(e)] The commission may accept gifts, grants, and
3-2 contributions from private individuals or foundations and from the
3-3 federal government.
3-4 (e) [(f)] The commission shall report to the governor
3-5 annually and to the legislature at each regular session on the
3-6 commission's activities. The commission may make recommendations
3-7 in those reports on matters under its jurisdiction. The commission
3-8 may make other reports in its discretion.
3-9 (f) [(g) The commission may make or encourage studies of
3-10 fire protection, including fire administration.]
3-11 [(h) The commission may conduct research to improve fire
3-12 protection and fire administration and may stimulate research by
3-13 public and private agencies for that purpose.]
3-14 [(i) The commission may, on the request of a public or
3-15 nonprofit entity with duties related to fire protection, advise or
3-16 assist the entity in relation to those duties.]
3-17 [(j)] The commission may appoint advisory committees to
3-18 assist it in the performance of its duties. A member of an
3-19 advisory committee appointed by the commission or otherwise
3-20 appointed under this chapter may not receive compensation for
3-21 service on the advisory committee. A member appointed under this
3-22 chapter is entitled to receive reimbursement, subject to any
3-23 applicable limitation on reimbursement provided by the General
3-24 Appropriations Act, for actual and necessary expenses incurred in
3-25 performing services as a member of the advisory committee.
3-26 [(k) The commission may use pertinent and timely facts
3-27 relating to fires to develop educational programs and disseminate
3-28 materials necessary to educate the public effectively regarding
3-29 methods of fire prevention and safety.]
3-30 SECTION 1.06. Subchapter A, Chapter 419, Government Code, is
3-31 amended by adding Section 419.0082 to read as follows:
3-32 Sec. 419.0082. RULEMAKING. (a) In adopting or amending a
3-33 rule under Section 419.008(a) or any other law, the commission
3-34 shall seek the input of the fire fighter advisory committee and,
3-35 when appropriate, the funds allocation advisory committee. The
3-36 commission shall permit the appropriate advisory committee to
3-37 review and comment on any proposed rule, including a proposed
3-38 amendment to a rule, before the rule is adopted.
3-39 (b) The commission may not adopt a rule, including an
3-40 amendment to a rule, before the commission meeting held after the
3-41 commission meeting at which the rule is first proposed.
3-42 (c) This section does not apply to an emergency rule adopted
3-43 under Section 2001.034.
3-44 SECTION 1.07. Subsections (d), (e), (f), and (g), Section
3-45 419.009, Government Code, are amended to read as follows:
3-46 (d) The executive director or the executive director's
3-47 designee shall develop an intraagency career ladder program that
3-48 addresses opportunities for mobility and advancement for employees
3-49 within the commission. The program shall require intraagency
3-50 postings of all [nonentry level] positions concurrently with any
3-51 public posting.
3-52 (e) The executive director or the executive director's
3-53 designee shall develop a system of annual performance evaluations
3-54 that are based on documented employee performance. All merit pay
3-55 for commission employees must be based on the system established
3-56 under this subsection.
3-57 (f) The executive director or the executive director's
3-58 designee shall prepare and maintain a written policy statement to
3-59 assure implementation of a program of equal employment opportunity
3-60 under which all personnel transactions are made without regard to
3-61 race, color, disability [handicap], sex, religion, age, or national
3-62 origin. The policy statement must include:
3-63 (1) personnel policies, including policies relating to
3-64 recruitment, evaluation, selection, appointment, training, and
3-65 promotion of personnel that are in compliance with the requirements
3-66 of Chapter 21, Labor Code;
3-67 (2) a comprehensive analysis of the commission work
3-68 force that meets federal and state laws, rules, regulations, and
3-69 instructions directly adopted under those laws, rules, or
4-1 regulations [guidelines];
4-2 (3) procedures by which a determination can be made
4-3 about the extent of underuse [of significant underutilization] in
4-4 the commission work force of all persons for whom federal or state
4-5 laws, rules, regulations, and instructions directly adopted under
4-6 those laws, rules, or regulations [guidelines] encourage a more
4-7 equitable balance; and
4-8 (4) reasonable methods to appropriately address those
4-9 areas of underuse [significant underutilization].
4-10 (g) A policy statement prepared under Subsection (f) must
4-11 cover an annual period, be updated [at least] annually and reviewed
4-12 by the Commission on Human Rights for compliance with Subsection
4-13 (f)(1), and be filed with the governor's office.
4-14 SECTION 1.08. Subchapter A, Chapter 419, Government Code, is
4-15 amended by adding Section 419.0091 to read as follows:
4-16 Sec. 419.0091. GENERAL COUNSEL. The commission may employ
4-17 not more than one attorney. The attorney shall serve as general
4-18 counsel of the commission.
4-19 SECTION 1.09. Sections 419.010 and 419.011, Government Code,
4-20 are amended to read as follows:
4-21 Sec. 419.010. FISCAL REPORT. The commission shall prepare
4-22 [file] annually [with the governor and the presiding officer of
4-23 each house of the legislature] a complete and detailed written
4-24 report accounting for all funds received and disbursed by the
4-25 commission during the preceding fiscal year. The annual report
4-26 must meet the reporting requirements applicable to financial
4-27 reporting provided in [be in the form and reported in the time
4-28 provided by] the General Appropriations Act.
4-29 Sec. 419.011. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
4-30 (a) The commission shall prepare information of public interest
4-31 describing the functions of the commission and the commission's
4-32 procedures by which complaints are filed with and resolved by the
4-33 commission. The commission shall make the information available to
4-34 the public and appropriate state agencies.
4-35 (b) The commission shall keep a [an information] file about
4-36 each written complaint filed with the commission that the
4-37 commission has authority to resolve. The commission shall provide
4-38 to the person filing the complaint and the persons or entities
4-39 complained about the commission's policies and procedures
4-40 pertaining to complaint investigation and resolution. The [If a
4-41 written complaint is filed with the commission that the commission
4-42 has authority to resolve, the] commission, at least quarterly and
4-43 until final disposition of the complaint, shall notify the person
4-44 filing the complaint and the persons or entities complained about
4-45 [parties to the complaint] of the status of the complaint unless
4-46 the notice would jeopardize an undercover investigation.
4-47 (c) The commission shall keep information about each
4-48 complaint filed with the commission. The information shall
4-49 include:
4-50 (1) the date the complaint is received;
4-51 (2) the name of the complainant;
4-52 (3) the subject matter of the complaint;
4-53 (4) a record of all persons contacted in relation to
4-54 the complaint;
4-55 (5) a summary of the results of the review or
4-56 investigation of the complaint; and
4-57 (6) for complaints for which the agency took no
4-58 action, an explanation of the reason the complaint was closed
4-59 without action.
4-60 (d) The commission shall comply with federal and state laws
4-61 related to program and facility accessibility. The executive
4-62 director [commission] shall also prepare and maintain a written
4-63 plan that describes how a person who does not speak English [or who
4-64 has a physical, mental, or developmental disability] can be
4-65 provided reasonable access to the commission's programs.
4-66 SECTION 1.10. Section 419.053, Government Code, is amended
4-67 to read as follows:
4-68 Sec. 419.053. GENERAL POWERS AND DUTIES OF COMMISSION UNDER
4-69 THIS SUBCHAPTER. (a) The commission shall:
5-1 (1) administer the fire department emergency program
5-2 as provided by this subchapter and commission rules;
5-3 (2) contract with professional experts as necessary to
5-4 assist the commission in carrying out its powers and duties under
5-5 this subchapter;
5-6 (3) adopt rules for the administration of this
5-7 subchapter;
5-8 (4) adopt and use a seal;
5-9 (5) administer oaths and take testimony on matters
5-10 within the commission's jurisdiction under this subchapter;
5-11 (6) keep an accurate record of its meetings, receipts,
5-12 and disbursements;
5-13 (7) submit to the presiding officers of each house of
5-14 the legislature an annual report of the commission's activities
5-15 under this subchapter; and
5-16 (8) consider and approve or disapprove applications
5-17 for scholarships, grants, loans, and other financial assistance as
5-18 provided by this subchapter.
5-19 (b) The rules adopted under Subsection (a)(3) must include
5-20 rules establishing criteria to be used in the evaluation of
5-21 applications for grants and loans with the assistance of staff.
5-22 SECTION 1.11. Subsections (a), (c), and (d), Section
5-23 419.054, Government Code, are amended to read as follows:
5-24 (a) The funds allocation advisory committee is composed of
5-25 six members. Three members are appointed by the State Firemen's
5-26 and Fire Marshals' Association of Texas. Three members are
5-27 appointed by the Texas State Association of Fire Fighters. A
5-28 committee member serves for a term of one year, but is subject to
5-29 removal by the commission [at the will of the authority that
5-30 appointed the member]. A vacancy on the committee caused by
5-31 removal of a member by the commission shall be filled by the
5-32 authority that appointed the member who was removed.
5-33 (c) The committee shall assist the commission in matters
5-34 relating to the administration of this subchapter. The committee
5-35 periodically shall review commission rules relating to the program
5-36 and recommend changes in the rules to the commission.
5-37 [Notwithstanding Chapter 2001.031, the commission shall submit all
5-38 proposed changes and additions to the rules that relate to the
5-39 program to the committee for development. If the commission does
5-40 not approve a rule developed by the committee, the commission shall
5-41 indicate to the committee the reasons that the commission did not
5-42 approve the rule and return the rule to the committee for further
5-43 development.]
5-44 (d) The committee shall review and evaluate all applications
5-45 for financial assistance under this subchapter according to the
5-46 rules and procedures adopted by the commission. The committee
5-47 shall recommend to the commission which applications should be
5-48 approved and which applications should be disapproved. A complete
5-49 listing of applicants shall be provided to the commission with full
5-50 disclosure of the reasons for approval or disapproval. If the
5-51 commission does not concur with the committee's recommendation, the
5-52 commission shall indicate to the committee the reasons that the
5-53 commission did not concur with the recommendation and return the
5-54 applications regarding which the commission did not concur to the
5-55 committee for further review and evaluation.
5-56 SECTION 1.12. Section 419.063, Government Code, is amended
5-57 to read as follows:
5-58 Sec. 419.063. LIMITATION ON SCHOLARSHIPS, GRANTS, LOANS, AND
5-59 OTHER FINANCIAL ASSISTANCE; USE OF APPROPRIATED FUNDS. (a) The
5-60 commission may not make awards or loans under this subchapter to
5-61 any one applicant in a total amount that is greater than an amount
5-62 equal to five percent of the total amount of money appropriated to
5-63 the program for the fiscal year during which the award or loan is
5-64 made.
5-65 (b) The commission may not approve an application if the
5-66 current appropriations for the program are insufficient to pay the
5-67 total amount requested under the application.
5-68 (c) The commission may not use money appropriated for
5-69 scholarships, grants, loans, and other financial assistance to be
6-1 awarded under this subchapter for the administrative expenses of
6-2 the commission or of the funds allocation advisory committee.
6-3 SECTION 1.13. Sections 419.902 and 419.903, Government Code,
6-4 are amended to read as follows:
6-5 Sec. 419.902. COORDINATION WITH FIREMEN'S TRAINING SCHOOL.
6-6 The commission and the director of the Texas Engineering Extension
6-7 Service of The Texas A&M University System shall enter into a
6-8 memorandum of understanding to coordinate the responsibilities of
6-9 the commission with the training provided by the firemen's training
6-10 school operated under Section 86.16, Education Code. [The
6-11 commission and the director shall review and update the memorandum
6-12 of understanding not later than the last month of each state fiscal
6-13 year.]
6-14 Sec. 419.903. COORDINATION WITH TEXAS FOREST SERVICE. The
6-15 commission and the director of the Texas Forest Service shall enter
6-16 into a memorandum of understanding to coordinate the provision of
6-17 training assistance and other assistance to fire-fighting entities.
6-18 [The commission and the director shall review and update the
6-19 memorandum of understanding not later than the last month of each
6-20 state fiscal year.]
6-21 SECTION 1.14. The terms of the members of the funds
6-22 allocation advisory committee serving on the effective date of this
6-23 Act under Section 419.054, Government Code, expire September 1,
6-24 1998.
6-25 SECTION 1.15. (a) The terms of the members of the Texas
6-26 Commission on Fire Protection serving on the effective date of this
6-27 Act expire, and that policy-making body as it existed immediately
6-28 before the effective date of this Act is abolished, on the
6-29 effective date of this Act.
6-30 (b) As soon as practicable after the effective date of this
6-31 Act, the governor shall make appointments to the Texas Commission
6-32 on Fire Protection to accomplish the membership plan for the
6-33 commission established by Section 419.004, Government Code, as
6-34 amended by this Act. This section does not prohibit a person who
6-35 is a member of the commission on the effective date of this Act and
6-36 who possesses the qualifications required under Section 419.004, as
6-37 amended by this Act, from being reappointed to the commission under
6-38 this subsection.
6-39 (c) In making appointments under this section, the governor
6-40 shall ensure that the staggering of the terms of the members of the
6-41 Texas Commission on Fire Protection is appropriately apportioned as
6-42 required by Section 30a, Article XVI, Texas Constitution.
6-43 ARTICLE 2. CERTIFICATION AND LICENSING
6-44 FUNCTIONS OF THE COMMISSION
6-45 SECTION 2.01. Section 419.021, Government Code, is amended
6-46 to read as follows:
6-47 Sec. 419.021. DEFINITIONS. [(a)] In this subchapter:
6-48 (1) "Aircraft fire fighting and rescue fire protection
6-49 personnel" means permanent, [fully paid,] full-time local
6-50 governmental employees who, as a permanent duty assignment, fight
6-51 aircraft fires at airports, stand by for potential crash landings,
6-52 and perform aircraft crash rescue.
6-53 (2) "Fire department" means a department of a local
6-54 government that is staffed by [with one or more] permanent, [fully
6-55 paid,] full-time employees of the local government and that is
6-56 organized to prevent or suppress fires.
6-57 (3) "Fire protection personnel" means:
6-58 (A) permanent, [fully paid,] full-time law
6-59 enforcement officers designated as fire and arson investigators by
6-60 an appropriate local authority; [or]
6-61 (B) aircraft crash and rescue fire protection
6-62 personnel; or
6-63 (C) permanent, [fully paid,] full-time fire
6-64 department employees who are not secretaries, stenographers,
6-65 clerks, budget analysts, or similar support staff persons or other
6-66 administrative employees and who are assigned duties in one or more
6-67 of the following categories:
6-68 (i) fire suppression;
6-69 (ii) fire inspection;
7-1 (iii) fire and arson investigation;
7-2 (iv) marine fire fighting;
7-3 (v) aircraft crash fire fighting and
7-4 rescue;
7-5 (vi) fire training;
7-6 (vii) fire education;
7-7 (viii) fire administration; and
7-8 (ix) any other position necessarily or
7-9 customarily related to fire prevention and suppression.
7-10 (4) "Local government" means a municipality, a county,
7-11 a special-purpose district or authority, or any other political
7-12 subdivision of the state.
7-13 (5) "Marine fire protection personnel" means
7-14 permanent, [fully paid,] full-time local governmental employees who
7-15 work aboard a fireboat and fight fires that occur on or adjacent to
7-16 a waterway, waterfront, channel, or turning basin.
7-17 (6) "Protective clothing" means garments, including
7-18 turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
7-19 helmets, and protective hoods, worn by fire protection personnel in
7-20 the course of performing fire-fighting operations.
7-21 [(b) In this subchapter, an officer or employee of a fire
7-22 department or other department of a local government is considered
7-23 fully paid if the officer's or employee's annual compensation for
7-24 performing one or more duties listed under Subsection (a)(3)(B),
7-25 including the value of benefits and reimbursement for expenses, is
7-26 at least equal to the amount of compensation a person would receive
7-27 working 2,080 hours at the federal minimum wage.]
7-28 [(c) In this subchapter, an officer or employee of a fire
7-29 department or other department of a local government is considered
7-30 a full-time employee if the officer or employee works an average of
7-31 40 or more hours per week or averages approximately 40 or more
7-32 hours per week during a work cycle, as appropriate, performing one
7-33 or more duties listed under Subsection (a)(3)(B).]
7-34 SECTION 2.02. Subchapter B, Chapter 419, Government Code, is
7-35 amended by adding Section 419.0225 to read as follows:
7-36 Sec. 419.0225. CERTAIN RULES PROHIBITED. (a) The
7-37 commission may not adopt rules restricting competitive bidding or
7-38 advertising by a certificate holder except to prohibit false,
7-39 misleading, or deceptive practices.
7-40 (b) In its rules to prohibit false, misleading, or deceptive
7-41 practices, the commission may not include a rule that:
7-42 (1) restricts the use of any medium for advertising;
7-43 (2) restricts the use of a certificate holder's
7-44 personal appearance or voice in an advertisement;
7-45 (3) relates to the size or duration of an
7-46 advertisement by the certificate holder; or
7-47 (4) restricts the certificate holder's advertisement
7-48 under a trade name.
7-49 SECTION 2.03. Section 419.023, Government Code, is amended
7-50 to read as follows:
7-51 Sec. 419.023. FIRE FIGHTER [PROTECTION PERSONNEL] ADVISORY
7-52 COMMITTEE. (a) The commission shall establish a fire fighter
7-53 [protection personnel] advisory committee to assist the commission
7-54 in matters relating to fire protection personnel, volunteer fire
7-55 fighters, [and] fire departments, and volunteer fire departments.
7-56 The committee shall be composed of nine members appointed by the
7-57 commission.
7-58 (b) Six members of the committee must be fire protection
7-59 personnel or retired fire protection personnel who collectively
7-60 represent various areas in the field of fire protection. Three
7-61 members of the committee must be certified instructors of fire
7-62 protection personnel. At least one member of the committee must be
7-63 a volunteer fire fighter or volunteer fire chief.
7-64 (c) A committee member serves at the will of the commission.
7-65 (d) [(b)] The committee shall elect a member of the
7-66 committee as the presiding officer of the committee. The committee
7-67 shall meet at least twice each calendar year at the call of the
7-68 presiding officer or at the call of the commission.
7-69 (e) [(c)] The committee periodically shall review commission
8-1 rules relating to fire protection personnel, [and] fire
8-2 departments, and other fire fighters and fire fighting
8-3 organizations that are subject to regulation under this subchapter
8-4 and recommend changes in the rules to the commission.
8-5 [Notwithstanding Chapter 2001.031, the commission shall submit all
8-6 proposed changes and additions to the rules that relate to fire
8-7 protection personnel and fire departments to the committee for
8-8 development. If the commission does not approve a rule developed
8-9 by the committee, the commission shall indicate to the committee
8-10 the reasons that the commission did not approve the rule and return
8-11 the rule to the committee for further development.]
8-12 SECTION 2.04. Subchapter B, Chapter 419, Government Code, is
8-13 amended by adding Section 419.0341 to read as follows:
8-14 Sec. 419.0341. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
8-15 RENEWAL. (a) Notwithstanding any other provision of this
8-16 subchapter, fire protection personnel certified under this
8-17 subchapter may continue to hold and renew the certificate without
8-18 regard to whether the person continues to be employed by a local
8-19 authority or fire department.
8-20 (b) Former fire protection personnel who are no longer
8-21 employed by a local authority or fire department may renew an
8-22 unexpired certificate before the expiration of the certificate by:
8-23 (1) submitting evidence satisfactory to the commission
8-24 of completion of any required professional education; and
8-25 (2) paying to the commission the required renewal fee.
8-26 (c) If a person's certificate has been expired for 30 days
8-27 or less, the person may renew the certificate by:
8-28 (1) submitting evidence satisfactory to the commission
8-29 of completion of any required professional education; and
8-30 (2) paying to the commission the required renewal fee
8-31 and a fee that is one-half of the certification fee for the
8-32 certificate.
8-33 (d) If a person's certificate has been expired for longer
8-34 than 30 days but less than one year, the person may renew the
8-35 certificate by:
8-36 (1) submitting evidence satisfactory to the commission
8-37 of completion of any required professional education; and
8-38 (2) paying to the commission all unpaid renewal fees
8-39 and a fee that is equal to the certification fee.
8-40 (e) If a person's certificate has been expired for one year
8-41 or longer, the person may not renew the certificate.
8-42 (f) After receiving notice that a person is no longer
8-43 employed by a local authority or fire department, the commission,
8-44 at least 30 days before the expiration of a person's certificate,
8-45 shall send written notice of the impending certificate expiration
8-46 to the last known address of the person according to the records of
8-47 the commission.
8-48 (g) The commission shall establish by rule the requirements
8-49 evidence must meet to be considered satisfactory for the purpose of
8-50 complying with this section.
8-51 (h) Notwithstanding any other law, the commission may by
8-52 rule establish a procedure to recertify a person if:
8-53 (1) the person's certification has lapsed because of
8-54 the person's good faith clerical error, including the person's
8-55 failure to submit fees in a timely manner; or
8-56 (2) the person's certification has lapsed as a result
8-57 of termination of the person's employment and the person has been
8-58 restored to employment as a result of a disciplinary procedure.
8-59 SECTION 2.05. Subchapter B, Chapter 419, Government Code, is
8-60 amended by adding Section 419.0365 to read as follows:
8-61 Sec. 419.0365. DISCIPLINARY HEARING. If the commission
8-62 proposes to suspend, revoke, or refuse to renew a person's
8-63 certificate, the person is entitled to a hearing conducted by the
8-64 State Office of Administrative Hearings. Proceedings for a
8-65 disciplinary action are governed by the administrative procedure
8-66 law, Chapter 2001. Rules of practice adopted by the commission
8-67 under Section 2001.004 applicable to the proceedings for a
8-68 disciplinary action may not conflict with rules adopted by the
8-69 State Office of Administrative Hearings.
9-1 SECTION 2.06. Subchapter B, Chapter 419, Government Code, is
9-2 amended by adding Section 419.043 to read as follows:
9-3 Sec. 419.043. REQUIRED TRAINING IN CERTAIN MUNICIPALITIES.
9-4 A municipality with a population of at least 1,000,000 shall not
9-5 permit or require fire protection personnel to perform fire
9-6 suppression or emergency medical services within the municipality
9-7 unless the fire protection personnel have received state
9-8 certification training by the municipality's fire department in a
9-9 training facility owned and operated by the municipality.
9-10 SECTION 2.07. Subchapter D, Chapter 419, Government Code, is
9-11 amended to read as follows:
9-12 SUBCHAPTER D. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS
9-13 Sec. 419.071. VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER
9-14 FIRE FIGHTERS AND FIRE DEPARTMENTS. (a) The commission shall
9-15 develop a voluntary certification program for volunteer fire
9-16 fighters and volunteer fire departments. The program must include
9-17 the same components and requirements as the certification program
9-18 established under Subchapter B. The certification program for
9-19 volunteer fire fighters and volunteer fire departments may take
9-20 into account the different circumstances of volunteer fire
9-21 fighters in establishing deadlines for completion of various
9-22 components or requirements of the program.
9-23 (b) A certificate for a given type and level of
9-24 certification that is issued under the certification program
9-25 established under this section is equivalent to a certificate for
9-26 the same type and level issued under Subchapter B. The certificate
9-27 is subject to the same issuance and renewal requirements as a
9-28 certificate issued under Subchapter B, and a certificate holder may
9-29 be disciplined and regulated in the same manner as provided by
9-30 Subchapter B. [Components of the program developed by the
9-31 commission shall include voluntary certification of volunteer fire
9-32 fighters, voluntary certification of facilities that train
9-33 volunteer fire fighters, and voluntary inspection and certification
9-34 of protective clothing and self-contained breathing apparatus of
9-35 volunteer fire departments. A volunteer fire fighter or other
9-36 entity that chooses to become certified under a component of the
9-37 commission's certification program under this subchapter is subject
9-38 to commission rules that relate to that component.]
9-39 [(b) The commission shall contract with a statewide
9-40 organization whose members include both volunteer and paid fire
9-41 fighters to administer and implement the program. The commission
9-42 in the contract shall reserve the right to evaluate the
9-43 administration and implementation of the program under the contract
9-44 and the right to observe and to require information from the other
9-45 party to the contract so that the commission may perform a
9-46 meaningful evaluation.]
9-47 (c) A volunteer fire fighter, volunteer fire department, or
9-48 facility that provides training to volunteer fire fighters is not
9-49 required to participate in any component of the commission's
9-50 program under this chapter. A volunteer fire fighter, volunteer
9-51 fire department, or facility that provides training to volunteer
9-52 fire fighters may on request participate in one or more components
9-53 of the program under this subchapter as appropriate. The volunteer
9-54 fire department with which a volunteer fire fighter is affiliated
9-55 may, but is not required to, pay the certificate fee for a
9-56 volunteer fire fighter certified under this subchapter.
9-57 (d) At least 30 days before the expiration of a volunteer
9-58 fire fighter's certificate, the commission shall send written
9-59 notice of the impending certificate expiration to the last known
9-60 address of the fire fighter according to the records of the
9-61 commission. [The program shall make available to volunteer fire
9-62 fighters the same level of training that is made available to paid
9-63 fire protection personnel and recruits through the commission's
9-64 basic certification program under Subchapter B, but in a way that
9-65 takes into account the circumstances of volunteer fire fighters.]
9-66 [(e) The commission by rule may:]
9-67 [(1) establish qualifications relating to minimum age,
9-68 education, and physical and mental condition required for
9-69 certification under this subchapter;]
10-1 [(2) establish standards relating to training programs
10-2 and to continuing education under this subchapter;]
10-3 [(3) establish the training components required for
10-4 certification under this subchapter;]
10-5 [(4) establish testing procedures for certification
10-6 candidates and procedures to test the satisfactory completion of
10-7 training components; and]
10-8 [(5) recognize other training for credit towards
10-9 certification under this chapter.]
10-10 [(f) Qualifications established for persons under this
10-11 section may only be qualifications for certification and may not be
10-12 qualifications for entering a certification program.]
10-13 Sec. 419.072[. VOLUNTEER FIRE FIGHTER ADVISORY COMMITTEE.
10-14 (a) The commission shall establish a volunteer fire fighter
10-15 advisory committee to assist the commission in matters relating to
10-16 volunteer fire fighters and volunteer fire departments. The
10-17 committee shall be composed of nine members appointed by the
10-18 commission. Six members must be volunteer fire fighters who
10-19 collectively represent various areas in the field of fire
10-20 protection. Three members must be instructors of volunteer fire
10-21 fighters. Six of the nine members must be appointed from a list
10-22 submitted each year before September 1 to the commission by the
10-23 State Firemen's and Fire Marshals' Association of Texas. A
10-24 committee member:]
10-25 [(1) serves at the will of the commission;]
10-26 [(2) serves for a one-year term that expires February
10-27 1; and]
10-28 [(3) may be reappointed to the committee after the
10-29 expiration of a term.]
10-30 [(b) The committee shall elect a member of the committee as
10-31 presiding officer of the committee. The committee shall meet at
10-32 least twice each calendar year at the call of the presiding officer
10-33 or at the call of the commission.]
10-34 [(c) The committee shall develop and recommend to the
10-35 commission for approval the rules of the program under this
10-36 subchapter. The committee periodically shall review commission
10-37 rules relating to the commission's program under this subchapter
10-38 and recommend changes in the rules to the commission.
10-39 Notwithstanding Chapter 2001.031, the commission shall submit all
10-40 proposed rules and all proposed changes and additions to the rules
10-41 that relate to the program under this subchapter to the committee
10-42 for development. If the commission does not approve a rule
10-43 developed by the committee, the commission shall indicate to the
10-44 committee the reasons that the commission did not approve the rule
10-45 and return the rule to the committee for further development.]
10-46 [Sec. 419.073. CERTIFICATION FEE. The commission shall set
10-47 and collect a fee of not more than $10 for each certificate issued
10-48 under this subchapter designed to recover the commission's costs
10-49 under this subchapter. The commission may choose to pay the fee
10-50 out of money appropriated for the implementation of Subchapter C.]
10-51 [Sec. 419.074. RECOGNITION OF CERTAIN PRIOR CERTIFICATIONS.
10-52 (a) The commission shall, on application, certify a person under
10-53 the commission's program under this subchapter if the person
10-54 received an advanced certificate from the State Firemen's and Fire
10-55 Marshals' Association of Texas before September 1, 1993.]
10-56 [(b) A volunteer fire fighter who receives an advanced
10-57 certificate from the State Firemen's and Fire Marshals' Association
10-58 of Texas after September 1, 1993, shall on application be certified
10-59 under this subchapter:]
10-60 [(1) if the commission determines that the standards
10-61 under which the volunteer fire fighter received the advanced
10-62 certificate are at least as stringent as the applicable standards
10-63 in effect for that certificate on January 1, 1993; and]
10-64 [(2) after the successful completion of an examination
10-65 administered by the commission for the purpose of certification
10-66 under this subchapter.]
10-67 [Sec. 419.075]. OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER
10-68 [BECOMING CERTIFIED UNDER SUBCHAPTER B]. (a) Notwithstanding
10-69 anything to the contrary in Subchapter B, a fire department may
11-1 appoint as fire protection personnel a [A] volunteer fire fighter
11-2 or former volunteer fire fighter who is certified by the commission
11-3 under this subchapter. On receiving the appointment from the
11-4 employing fire department, the person is considered to be certified
11-5 fire protection personnel [is eligible to be certified to be fire
11-6 protection personnel under Subchapter B if the person successfully
11-7 completes the fire protection personnel examination administered
11-8 under Subchapter B on the first or second attempt. A volunteer
11-9 fire fighter who is certified by the commission under this
11-10 subchapter and who does not successfully complete the fire
11-11 protection personnel examination administered under Subchapter B on
11-12 the first or second attempt is eligible to be certified to be fire
11-13 protection personnel under Subchapter B only after completing a
11-14 commission-approved certification program under Subchapter B and
11-15 subsequent successful completion of the fire protection personnel
11-16 examination administered under Subchapter B].
11-17 (b) In this section, "fire department" has the meaning
11-18 assigned by Section 419.021.
11-19 Sec. 419.073. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
11-20 RENEWAL. (a) A volunteer fire fighter certified under this
11-21 subchapter may continue to hold and renew the certificate without
11-22 regard to whether the person continues to be affiliated with a
11-23 volunteer fire department.
11-24 (b) A former volunteer fire fighter who is no longer
11-25 affiliated with a volunteer fire department may renew an unexpired
11-26 certificate before the expiration of the certificate by:
11-27 (1) submitting evidence satisfactory to the commission
11-28 of completion of any required professional education; and
11-29 (2) paying to the commission the required renewal fee.
11-30 (c) If a person's certificate has been expired for 30 days
11-31 or less, the person may renew the certificate by:
11-32 (1) submitting evidence satisfactory to the commission
11-33 of completion of any required professional education; and
11-34 (2) paying to the commission the required renewal fee
11-35 and a fee that is one-half of the certification fee for the
11-36 certificate.
11-37 (d) If a person's certificate has been expired for longer
11-38 than 30 days but less than one year, the person may renew the
11-39 certificate by:
11-40 (1) submitting evidence satisfactory to the commission
11-41 of completion of any required professional education; and
11-42 (2) paying to the commission all unpaid renewal fees
11-43 and a fee that is equal to the certification fee.
11-44 (e) If a person's certificate has been expired for one year
11-45 or longer, the person may not renew the certificate.
11-46 (f) The commission shall establish by rule the requirements
11-47 evidence must meet to be considered satisfactory for the purpose of
11-48 complying with this section.
11-49 (g) Notwithstanding any other law, the commission may by
11-50 rule establish a procedure to recertify a person if:
11-51 (1) the person's certification has lapsed because of
11-52 the person's good faith clerical error, including the person's
11-53 failure to submit fees in a timely manner; or
11-54 (2) the person's certification has lapsed as a result
11-55 of termination of the person's employment and the person has been
11-56 restored to employment as a result of a disciplinary procedure.
11-57 SECTION 2.08. Subchapter F, Chapter 411, Government Code, is
11-58 amended by adding Section 411.1236 to read as follows:
11-59 Sec. 411.1236. ACCESS TO CRIMINAL HISTORY RECORD
11-60 INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (a) This
11-61 section applies only to a circumstance in which:
11-62 (1) the Texas Commission on Fire Protection:
11-63 (A) issues or renews to an individual a license,
11-64 permit, certificate, or other similar authorization; and
11-65 (B) is authorized or required by law to obtain
11-66 criminal history record information relating to the individual; and
11-67 (2) another person, including a state agency or local
11-68 government:
11-69 (A) is authorized or required to obtain the same
12-1 information; and
12-2 (B) did obtain that information not earlier than
12-3 the 90th day before the date on which the individual makes an
12-4 application to the Texas Commission on Fire Protection for issuance
12-5 or renewal of the license, permit, certificate, or other similar
12-6 authorization.
12-7 (b) In a circumstance described by Subsection (a), the Texas
12-8 Commission on Fire Protection shall obtain criminal history record
12-9 information from the person who has obtained the required
12-10 information as described by Subsection (a)(2). On request from the
12-11 Texas Commission on Fire Protection under this section, the person
12-12 shall provide the information to the Texas Commission on Fire
12-13 Protection.
12-14 (c) Notwithstanding any other law or rule, the Texas
12-15 Commission on Fire Protection may disclose to the following persons
12-16 the fact that issuance or renewal of a license, permit,
12-17 certificate, or similar authorization was denied because of
12-18 criminal history record information:
12-19 (1) the individual who applied for the license,
12-20 permit, certificate, or similar authorization; and
12-21 (2) if the individual is requesting certification
12-22 under Subchapter B or D, Chapter 419, the local authority, fire
12-23 department, or volunteer fire department for which the fire
12-24 protection personnel or volunteer fire fighter would provide
12-25 services.
12-26 (d) The Texas Commission on Fire Protection may not disclose
12-27 the content of the criminal history record information under
12-28 Subsection (c)(2).
12-29 SECTION 2.09. The heading of Subchapter B, Chapter 419,
12-30 Government Code, is amended to read as follows:
12-31 SUBCHAPTER B. REGULATING AND ASSISTING FIRE FIGHTERS AND
12-32 [FULLY PAID LOCAL FIRE PROTECTION PERSONNEL AND LOCAL]
12-33 FIRE DEPARTMENTS
12-34 SECTION 2.10. The fire protection personnel advisory
12-35 committee is abolished. As soon as possible on or after the
12-36 effective date of this Act, the Texas Commission on Fire Protection
12-37 shall establish and make appointments to the fire fighter advisory
12-38 committee under Section 419.023, Government Code, as amended by
12-39 this Act.
12-40 SECTION 2.11. The volunteer fire fighter advisory committee
12-41 established under Section 419.072, Government Code, is abolished.
12-42 SECTION 2.12. The change in law made by Section 419.0365,
12-43 Government Code, as added by this Act, applies only to a
12-44 disciplinary proceeding commenced on or after the effective date of
12-45 this Act. A disciplinary proceeding commenced before the effective
12-46 date of this Act is governed by the law in effect immediately
12-47 before the effective date of this Act, and that law is continued in
12-48 effect for this purpose.
12-49 ARTICLE 3. THE STATE FIRE MARSHAL
12-50 SECTION 3.01. Sections 417.001, 417.002, 417.003, 417.004,
12-51 417.005, and 417.0051, Government Code, are amended to read as
12-52 follows:
12-53 Sec. 417.001. DEFINITIONS [DEFINITION]. In this chapter:
12-54 (1) "Commissioner" means the commissioner of
12-55 insurance.
12-56 (2) "Department" means the Texas Department of
12-57 Insurance[, "commission" means the Texas Commission on Fire
12-58 Protection].
12-59 Sec. 417.002. APPOINTMENT AND TENURE. The state fire
12-60 marshal is appointed by the commissioner [executive director of the
12-61 commission subject to approval by the commission]. The state fire
12-62 marshal serves at the pleasure of the commissioner [commission] and
12-63 may be discharged at any time. The [commission shall require the]
12-64 state fire marshal shall [to] report to the commissioner
12-65 [commission through the executive director].
12-66 Sec. 417.003. STATUS AS STATE-COMMISSIONED OFFICER. The
12-67 state fire marshal is a state-commissioned officer and functions in
12-68 that capacity subject to rules of the commissioner [commission].
12-69 Sec. 417.004. GENERAL POWERS AND DUTIES. (a) The state
13-1 fire marshal, under the supervision of the commissioner
13-2 [commission], shall administer and enforce applicable provisions of
13-3 the Insurance Code and other law relating to the state fire
13-4 marshal. The commissioner [commission] shall perform the
13-5 supervisory and rule-making functions previously performed by the
13-6 Texas Commission on Fire Protection [State Board of Insurance]
13-7 under this subsection. The commissioner and the commission [and
13-8 the board] shall transfer information between the two agencies as
13-9 necessary to allow the agencies to perform their statutory duties.
13-10 The commissioner and the commission [and the board] may make and
13-11 adopt by rule memoranda of understanding as necessary to coordinate
13-12 their respective duties.
13-13 (b) The state fire marshal is the chief investigator in
13-14 charge of the investigation of arson and suspected arson in the
13-15 state.
13-16 (c) The state fire marshal may make or encourage studies of
13-17 fire protection, including fire administration.
13-18 (d) The state fire marshal may conduct research to improve
13-19 fire protection and fire administration and may stimulate research
13-20 by public and private agencies for that purpose.
13-21 (e) The state fire marshal may, on the request of a public
13-22 or nonprofit entity with duties related to fire protection, advise
13-23 or assist the entity in relation to those duties.
13-24 Sec. 417.005. ADOPTION OF RULES. The commissioner
13-25 [commission], after consulting with the state fire marshal, may
13-26 adopt necessary rules to guide the state fire marshal and fire and
13-27 arson investigators commissioned by the state fire marshal in the
13-28 investigation of arson, fire, and suspected arson and in the
13-29 performance of other duties for the commissioner [commission].
13-30 Sec. 417.0051. FIRE PREVENTION AND SAFETY EDUCATION. The
13-31 commissioner [commission], through the state fire marshal, may use
13-32 pertinent and timely facts relating to fires to develop educational
13-33 programs and disseminate materials necessary to educate the public
13-34 effectively regarding methods of fire prevention and safety.
13-35 SECTION 3.02. Chapter 417, Government Code, is amended by
13-36 adding Section 417.0052 to read as follows:
13-37 Sec. 417.0052. TEXAS FIRE INCIDENT REPORTING SYSTEM. The
13-38 state fire marshal, under the direction of the commissioner, is
13-39 responsible for maintaining and administering the Texas Fire
13-40 Incident Reporting System.
13-41 SECTION 3.03. Section 417.006, Government Code, is amended
13-42 to read as follows:
13-43 Sec. 417.006. FIRE AND ARSON INVESTIGATORS. The state fire
13-44 marshal may commission peace officers to act as fire and arson
13-45 investigators under his supervision and to perform other law
13-46 enforcement duties assigned to the commissioner and the state fire
13-47 marshal [commission] by law. The state fire marshal may revoke a
13-48 peace officer's commission under this section for just cause.
13-49 SECTION 3.04. Subsections (a) and (c), Section 417.007,
13-50 Government Code, are amended to read as follows:
13-51 (a) The state fire marshal shall immediately investigate a
13-52 fire occurring in this state in which property is destroyed if the
13-53 commissioner [commission] directs the investigation or, in the
13-54 discretion of the commissioner [commission], if the investigation
13-55 is requested by:
13-56 (1) the mayor, fire chief, fire marshal, or police
13-57 chief of a municipality in which a fire occurs;
13-58 (2) a county or district judge, sheriff, county fire
13-59 marshal, chief or fire marshal of a fire department in an
13-60 unincorporated area, or county attorney of a county in which a fire
13-61 occurs;
13-62 (3) a fire insurance company interested in a loss or
13-63 the company's general, state, or special agent;
13-64 (4) an insurance policyholder, property owner, or
13-65 lessee sustaining a fire loss;
13-66 (5) a justice of the peace or a constable of a
13-67 precinct in which a fire occurs; or
13-68 (6) officials of a state or federal law enforcement
13-69 agency or local or special governmental district involved or
14-1 interested in a fire loss that occurred in this state.
14-2 (c) The state fire marshal shall conduct the investigation
14-3 at the place of the fire and before an insured loss may be paid.
14-4 The state fire marshal shall ascertain, if possible, whether the
14-5 fire was caused intentionally, carelessly, or accidentally. The
14-6 state fire marshal shall make a written report of the investigation
14-7 to the commissioner [commission].
14-8 SECTION 3.05. Subsection (e), Section 417.008, Government
14-9 Code, is amended to read as follows:
14-10 (e) The commissioner [commission] may adopt by rule any
14-11 appropriate standard developed by a nationally recognized
14-12 standards-making association under which the state fire marshal may
14-13 enforce this section, except that standards adopted by rule under
14-14 this subsection do not apply in a geographic area under the
14-15 jurisdiction of a local government that has adopted fire protection
14-16 ordinances that apply in the geographic area.
14-17 SECTION 3.06. Section 417.0081, Government Code, is amended
14-18 to read as follows:
14-19 Sec. 417.0081. INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.
14-20 The state fire marshal, at the commissioner's [commission's]
14-21 direction, shall periodically inspect public buildings under the
14-22 charge and control of the General Services Commission [and shall
14-23 take any action authorized by the commission to protect the
14-24 buildings and their occupants from an existing or threatened fire
14-25 hazard].
14-26 SECTION 3.07. Section 419.0081, Government Code, is
14-27 transferred to Chapter 417, Government Code, renumbered as Section
14-28 417.0082, and amended to read as follows:
14-29 Sec. 417.0082 [419.0081]. PROTECTION OF CERTAIN STATE-OWNED
14-30 BUILDINGS AGAINST FIRE HAZARDS. (a) The state fire marshal, under
14-31 the direction of the commissioner, [commission] shall take any
14-32 action necessary to protect a public building under the charge and
14-33 control of the General Services Commission, and the building's
14-34 occupants, against an existing or threatened fire hazard.
14-35 (b) The commissioner [commission] and the General Services
14-36 Commission shall make and each adopt by rule a memorandum of
14-37 understanding that coordinates the agency's duties under this
14-38 section.
14-39 SECTION 3.08. Section 419.901, Government Code, is
14-40 transferred to Chapter 417, Government Code, renumbered as Section
14-41 417.0083, and amended to read as follows:
14-42 Sec. 417.0083 [419.901]. FIRE SUPPRESSION RATINGS [KEY RATE]
14-43 SCHEDULE. (a) [The commission shall review the key rate schedule
14-44 of the State Board of Insurance at least once every four years.
14-45 The commission shall recommend changes that the commission believes
14-46 should be made in the schedule to the board.]
14-47 [(b) The commission shall inspect municipalities, using the
14-48 key rate schedule, recommend the key rate to the State Board of
14-49 Insurance for its approval, and report information obtained as a
14-50 result of the inspection to the board. If the board does not
14-51 approve a rate recommended by the commission, the board shall
14-52 inform the commission of the reason and the commission shall
14-53 recommend another rate.]
14-54 [(c)] The state fire marshal shall perform duties as
14-55 directed by the commissioner [commission and the State Board of
14-56 Insurance shall adopt a memorandum of understanding that
14-57 coordinates their respective duties] relating to the department's
14-58 fire suppression ratings [key rate] schedule.
14-59 (b) The state fire marshal may provide technical assistance
14-60 to paid fire departments, volunteer fire departments, and local
14-61 governments responding to the use of the fire suppression ratings
14-62 schedule.
14-63 SECTION 3.09. Subsection (b), Section 417.009, Government
14-64 Code, is amended to read as follows:
14-65 (b) The designated person has the same authority with
14-66 respect to the investigation as is provided by this chapter for the
14-67 state fire marshal. The designated person is entitled to
14-68 compensation as provided by the commissioner [action of the
14-69 commission].
15-1 SECTION 3.10. Section 417.010, Government Code, is amended
15-2 to read as follows:
15-3 Sec. 417.010. ALTERNATE REMEDIES. The state fire marshal,
15-4 in the enforcement of a law that is enforced by or through the
15-5 state fire marshal, may in lieu of cancelling, revoking, or
15-6 suspending a license or certificate of registration impose on the
15-7 holder of the license or certificate of registration an order
15-8 directing the holder to do one or more of the following:
15-9 (1) cease and desist from a specified activity;
15-10 (2) remit to the commissioner [commission] within a
15-11 specified time a monetary forfeiture not to exceed $10,000 for each
15-12 violation of an applicable law or rule; and
15-13 (3) make restitution to a person harmed by the
15-14 holder's violation of an applicable law or rule.
15-15 SECTION 3.11. Section 417.0041, Government Code, is
15-16 repealed.
15-17 ARTICLE 4. FUNCTIONS OF THE TEXAS DEPARTMENT OF INSURANCE
15-18 SECTION 4.01. Subsection (b), Section 7, Article 5.43-1,
15-19 Insurance Code, is amended to read as follows:
15-20 (b) The commissioner, through the State Fire Marshal, may
15-21 suspend, revoke, or refuse to issue or renew a license, apprentice
15-22 permit, hydrostatic testing certificate, certificate of
15-23 registration, or approval of a testing laboratory in accordance
15-24 with Section 13 of this article [State Board of Insurance may
15-25 through the State Fire Marshal conduct hearings or proceedings
15-26 concerning the suspension, revocation, or refusal of the issuance
15-27 or renewal of licenses, apprentice permits, hydrostatic testing
15-28 certificates, certificates of registration, or approvals of testing
15-29 laboratories issued under this article or the application to
15-30 suspend, revoke, refuse to renew, or refuse to issue the same].
15-31 SECTION 4.02. Article 5.43-1, Insurance Code, is amended by
15-32 adding Section 8A to read as follows:
15-33 Sec. 8A. CERTAIN RULES PROHIBITED. (a) The commissioner
15-34 may not adopt rules restricting competitive bidding or advertising
15-35 by the holder of a license, permit, certificate, or approval issued
15-36 under this article except to prohibit false, misleading, or
15-37 deceptive practices.
15-38 (b) In the commissioner's rules to prohibit false,
15-39 misleading, or deceptive practices, the commissioner may not
15-40 include a rule that:
15-41 (1) restricts the use of any medium for advertising;
15-42 (2) restricts the use of a license, permit,
15-43 certificate, or approval holder's personal appearance or voice in
15-44 an advertisement;
15-45 (3) relates to the size or duration of an
15-46 advertisement by the license, permit, certificate, or approval
15-47 holder; or
15-48 (4) restricts the license, permit, certificate, or
15-49 approval holder's advertisement under a trade name.
15-50 SECTION 4.03. Section 9, Article 5.43-1, Insurance Code, is
15-51 amended to read as follows:
15-52 Sec. 9. FIRE EXTINGUISHER ADVISORY COUNCIL [DELEGATION OF
15-53 POWER BY STATE BOARD OF INSURANCE]. (a) The commissioner [State
15-54 Board of Insurance] may delegate the exercise of all or part of the
15-55 commissioner's [its] functions, powers, and duties under this
15-56 article, except for the issuance of licenses, certificates, and
15-57 permits, to a Fire Extinguisher Advisory Council whose members
15-58 shall be appointed by the commissioner [State Board of Insurance].
15-59 The council shall assist in the review and formulation of rules
15-60 adopted under this article and shall periodically review rules
15-61 implementing this article and recommend changes in the rules to the
15-62 commissioner [in accordance with Section 417.0041, Government
15-63 Code].
15-64 (b) The members of the council shall be experienced and
15-65 knowledgeable in one or more of the following areas: fire
15-66 services, fire extinguisher manufacturing, fire insurance
15-67 inspection or underwriting, fire extinguisher servicing, or be a
15-68 member of a fire protection association or industrial safety
15-69 association.
16-1 SECTION 4.04. Article 5.43-1, Insurance Code, is amended by
16-2 adding Section 13 to read as follows:
16-3 Sec. 13. DISCIPLINARY HEARING. If the State Fire Marshal
16-4 proposes to suspend, revoke, or refuse to renew a license, permit,
16-5 certificate, or approval issued under this article, the holder of
16-6 the license, permit, certificate, or approval is entitled to a
16-7 hearing conducted by the State Office of Administrative Hearings.
16-8 Proceedings for a disciplinary action are governed by the
16-9 administrative procedure law, Chapter 2001, Government Code. Rules
16-10 of practice adopted by the commissioner applicable to the
16-11 proceedings for a disciplinary action may not conflict with rules
16-12 adopted by the State Office of Administrative Hearings.
16-13 SECTION 4.05. Section 1, Article 5.43-2, Insurance Code, is
16-14 amended to read as follows:
16-15 Sec. 1. PURPOSE. The purpose of this article is to regulate
16-16 the planning, certifying, leasing, selling, servicing, installing,
16-17 monitoring, and maintaining of fire detection and fire alarm
16-18 devices and systems and, except as provided by rules adopted under
16-19 Section 6 of this article, to prohibit fire detection and fire
16-20 alarm devices, [and] equipment, and systems not labeled or listed
16-21 by a nationally recognized testing laboratory [approved by the
16-22 State Board of Insurance], in the interest of safeguarding lives
16-23 and property.
16-24 SECTION 4.06. Subsections (a) and (b), Section 5, Article
16-25 5.43-2, Insurance Code, are amended to read as follows:
16-26 (a) Each person or organization engaged in the business of
16-27 planning, certifying, leasing, selling, servicing, installing,
16-28 monitoring, or maintaining fire alarm or fire detection devices or
16-29 systems shall have a certificate of registration issued by the
16-30 commissioner [board]. The initial fee for the certificate of
16-31 registration must be in an amount not to exceed $500 and the
16-32 renewal fee for each year thereafter must be in an amount not to
16-33 exceed $500. The renewal fee for a person or organization engaged
16-34 in the business of planning, certifying, leasing, selling,
16-35 servicing, installing, monitoring, or maintaining exclusively
16-36 single station devices shall be in an amount not to exceed $250. A
16-37 registered person or firm shall retain at least one fire alarm
16-38 technician, residential fire alarm superintendent or fire alarm
16-39 planning superintendent as an employee. A registered person or
16-40 firm that is engaged in the business of planning, certifying,
16-41 leasing, selling, servicing, installing, monitoring, or maintaining
16-42 exclusively single station devices shall have at least one fire
16-43 alarm technician, residential fire alarm superintendent, or fire
16-44 alarm planning superintendent. A limited certificate of
16-45 registration may be issued to persons or organizations whose
16-46 business is restricted to monitoring.
16-47 (b) Each separate office location of a registered firm,
16-48 other than the location identified on the certificate of
16-49 registration, shall have a branch office registration certificate
16-50 issued by the commissioner [board]. The initial fee for this
16-51 branch office registration certificate must be in an amount not to
16-52 exceed $150 and the renewal fee for each year thereafter must be in
16-53 an amount not to exceed $150. The commissioner [board] shall
16-54 identify each branch office location as a part of a registered
16-55 organization before a branch office registration certificate may be
16-56 issued. A registered person or firm that is engaged in the
16-57 business of planning, certifying, leasing, selling, servicing,
16-58 installing, monitoring, or maintaining exclusively single station
16-59 devices shall not be required to apply for or obtain a branch
16-60 office registration certificate for a separate office or location
16-61 of the registered firm.
16-62 SECTION 4.07. Section 6, Article 5.43-2, Insurance Code, is
16-63 amended to read as follows:
16-64 Sec. 6. POWERS AND DUTIES OF THE COMMISSIONER [STATE BOARD
16-65 OF INSURANCE]. (a) The commissioner may adopt rules as necessary
16-66 to administer this article. The rules may establish specialized
16-67 licenses and certificates of registration for organizations or
16-68 persons engaged in the business of planning, certifying, leasing,
16-69 selling, servicing, installing, monitoring, or maintaining fire
17-1 alarm or fire detection devices or systems. The rules shall
17-2 establish appropriate training and qualification standards for each
17-3 kind of license and certificate of registration [board shall
17-4 delegate authority to exercise all or part of its functions,
17-5 powers, and duties under this article, including the issuance of
17-6 certificates and licenses, to the state fire marshal, and the state
17-7 fire marshal along with assistance of an advisory council to be
17-8 appointed by the board shall implement such rules as may be
17-9 determined by the board in accordance with Section 417.0041,
17-10 Government Code to be essentially necessary for the protection and
17-11 preservation of life and property in controlling:]
17-12 [(1) the registration of persons and organizations
17-13 engaging in the business of planning, certifying, leasing, selling,
17-14 servicing, installing, monitoring, or maintaining fire alarm or
17-15 fire detection devices or systems; and]
17-16 [(2) the requirements for the planning, certifying,
17-17 leasing, selling, servicing, installing, monitoring, or maintaining
17-18 of fire alarm or fire detection devices or systems by:]
17-19 [(A) conducting examinations and evaluating the
17-20 qualifications of applicants for a certificate of registration to
17-21 engage in the business of planning, certifying, leasing, selling,
17-22 servicing, installing, monitoring, or maintaining fire alarm or
17-23 fire detection devices or systems;]
17-24 [(B) conducting examinations and evaluating the
17-25 qualifications of applicants for fire alarm technician, residential
17-26 fire alarm superintendent, or fire alarm planning superintendent
17-27 licenses;]
17-28 [(C) evaluating and determining which
17-29 organizations shall be approved as testing laboratories for the
17-30 purpose of this article; and]
17-31 [(D) evaluating and approving required training
17-32 programs for all persons who engage in the business of planning,
17-33 certifying, leasing, selling, servicing, installing, monitoring, or
17-34 maintaining fire alarm or fire detection devices or systems].
17-35 (b) The commissioner shall also adopt standards applicable
17-36 to any fire alarm device, equipment, or system regulated under this
17-37 article. In adopting standards under this subsection, the
17-38 commissioner may permit the operation of a fire alarm monitoring
17-39 station that relies on fire alarm devices or equipment that is
17-40 approved or listed by a nationally recognized testing laboratory,
17-41 without regard to whether the monitoring station is approved or
17-42 listed by a nationally recognized testing laboratory [board may,
17-43 after notice and opportunity for hearing, increase or decrease the
17-44 limits of insurance coverage].
17-45 (c) An advisory council appointed in accordance with
17-46 Subsection (d) of this section shall periodically review rules
17-47 implementing this article and recommend changes in the rules to the
17-48 commissioner.
17-49 (d) The advisory council is appointed by the commissioner
17-50 and is composed of seven individuals as follows:
17-51 (1) three individuals employed by any registered firm
17-52 in the fire protection industry who have a minimum of three years
17-53 experience in the sale, installation, maintenance, or manufacturing
17-54 of fire alarm or fire detection devices;
17-55 (2) two individuals who must either be experienced in
17-56 the engineering of fire prevention services or be a member of a
17-57 fire protection association;
17-58 (3) one person experienced and employed by a
17-59 municipality or county as a fire prevention officer; and
17-60 (4) one person who is employed by any registered firm
17-61 and who has at least three years experience in the operation of a
17-62 central fire alarm monitoring station.
17-63 SECTION 4.08. Article 5.43-2, Insurance Code, is amended by
17-64 adding Sections 6A and 10A to read as follows:
17-65 Sec. 6A. CERTAIN RULES PROHIBITED. (a) The commissioner
17-66 may not adopt rules restricting competitive bidding or advertising
17-67 by the holder of a license or registration issued under this
17-68 article except to prohibit false, misleading, or deceptive
17-69 practices.
18-1 (b) In the commissioner's rules to prohibit false,
18-2 misleading, or deceptive practices, the commissioner may not
18-3 include a rule that:
18-4 (1) restricts the use of any medium for advertising;
18-5 (2) restricts the use of a license or registration
18-6 holder's personal appearance or voice in an advertisement;
18-7 (3) relates to the size or duration of an
18-8 advertisement by the license or registration holder; or
18-9 (4) restricts the license or registration holder's
18-10 advertisement under a trade name.
18-11 Sec. 10A. DISCIPLINARY HEARING. If the State Fire Marshal
18-12 proposes to suspend, revoke, or refuse to renew a license or
18-13 certificate of registration of a person, the person is entitled to
18-14 a hearing conducted by the State Office of Administrative Hearings.
18-15 Proceedings for a disciplinary action are governed by the
18-16 administrative procedure law, Chapter 2001, Government Code. Rules
18-17 of practice adopted by the commissioner applicable to the
18-18 proceedings for a disciplinary action may not conflict with rules
18-19 adopted by the State Office of Administrative Hearings.
18-20 SECTION 4.09. Section 6, Article 5.43-3, Insurance Code, is
18-21 amended to read as follows:
18-22 Sec. 6. ADVISORY COUNCIL. (a) The Fire Protection Advisory
18-23 Council is created. The commissioner [board] shall appoint the
18-24 members of the advisory council, who shall serve at the pleasure of
18-25 the commissioner [board].
18-26 (b) The advisory council, in addition to other duties
18-27 delegated by the commissioner [board], shall [in accordance with
18-28 Section 417.0041, Government Code]:
18-29 (1) advise the State Fire Marshal concerning practices
18-30 in the fire protection sprinkler system industry and the rules
18-31 necessary to implement and administer this article; and
18-32 (2) make recommendations to the State Fire Marshal
18-33 regarding forms and procedures for certificates of registration and
18-34 licenses.
18-35 (c) The advisory council shall have seven members as
18-36 follows:
18-37 (1) three individuals who have been actively engaged
18-38 in the management of a fire protection sprinkler system business
18-39 for not less than five years preceding their appointment;
18-40 (2) one representative of the engineering section of
18-41 the board's property division;
18-42 (3) one volunteer fire fighter [member of the State
18-43 Firemen's and Fire Marshal's Association of Texas]; and
18-44 (4) one member from each of two fire departments of
18-45 incorporated cities of this state.
18-46 (d) The advisory council shall periodically review rules
18-47 implementing this article and recommend changes in the rules to the
18-48 commissioner.
18-49 (e) The State Firemen's and Fire Marshals' Association of
18-50 Texas may, on request by the commissioner, recommend a volunteer
18-51 fire fighter for appointment to the advisory council.
18-52 SECTION 4.10. Article 5.43-3, Insurance Code, is amended by
18-53 adding Sections 7A and 9A to read as follows:
18-54 Sec. 7A. CERTAIN RULES PROHIBITED. (a) The commissioner
18-55 may not adopt rules restricting competitive bidding or advertising
18-56 by the holder of a certificate of registration, license, or permit
18-57 issued under this article except to prohibit false, misleading, or
18-58 deceptive practices.
18-59 (b) In the commissioner's rules to prohibit false,
18-60 misleading, or deceptive practices, the commissioner may not
18-61 include a rule that:
18-62 (1) restricts the use of any medium for advertising;
18-63 (2) restricts the use of a certificate, license, or
18-64 permit holder's personal appearance or voice in an advertisement;
18-65 (3) relates to the size or duration of an
18-66 advertisement by the certificate, license, or permit holder; or
18-67 (4) restricts the certificate, license, or permit
18-68 holder's advertisement under a trade name.
18-69 Sec. 9A. DISCIPLINARY HEARING. If the State Fire Marshal
19-1 proposes to suspend, revoke, or refuse to renew a certificate of
19-2 registration, license, or permit of a person, the person is
19-3 entitled to a hearing conducted by the State Office of
19-4 Administrative Hearings. Proceedings for a disciplinary action are
19-5 governed by the administrative procedure law, Chapter 2001,
19-6 Government Code. Rules of practice adopted by the commissioner
19-7 applicable to the proceedings for a disciplinary action may not
19-8 conflict with rules adopted by the State Office of Administrative
19-9 Hearings.
19-10 SECTION 4.11. Section 5, Article 5.43-4, Insurance Code, is
19-11 amended to read as follows:
19-12 Sec. 5. ADMINISTRATION. The commissioner [board] shall
19-13 administer this article through the state fire marshal and may
19-14 issue rules for the commissioner's [its] administration in
19-15 accordance with Section 5B of this article [417.0041, Government
19-16 Code]. The commissioner [board], in promulgating rules, may use
19-17 standards recognized by federal law or regulation, and those
19-18 published by a nationally recognized standards-making organization.
19-19 Rules may not be adopted under this article that are more
19-20 restrictive than the rules in effect on January 1, 1991, without
19-21 specific statutory authority.
19-22 SECTION 4.12. Section 5B, Article 5.43-4, Insurance Code, is
19-23 amended to read as follows:
19-24 Sec. 5B. ADVISORY COUNCIL. (a) The commissioner
19-25 [commission] shall establish an advisory council to assist the
19-26 commission in the administration of this article. The council is
19-27 composed of five members who must be representatives from the
19-28 fireworks industry. The[, three of whom must be appointed from a
19-29 list submitted to the commission by the] Texas Pyrotechnic
19-30 Association may, on request by the commissioner, recommend
19-31 individuals for appointment to the council. A council member
19-32 serves at the will of the commissioner [commission].
19-33 (b) The council shall periodically review rules relating to
19-34 the program and recommend changes in the rules to the commissioner.
19-35 Notwithstanding Section 2001.031, Government Code, the commissioner
19-36 shall submit all proposed changes and additions to the rules that
19-37 relate to administration of this article to the council for
19-38 development. If the commissioner does not approve a rule developed
19-39 by the council, the commissioner shall indicate to the council the
19-40 reasons that the commissioner did not approve the rule and return
19-41 the rule to the council for further development [assist the
19-42 commission in the review and adoption of rules under this article
19-43 as provided by Section 417.0041, Government Code].
19-44 SECTION 4.13. Article 5.43-4, Insurance Code, is amended by
19-45 amending Section 18 and adding Sections 16A and 18A to read as
19-46 follows:
19-47 Sec. 16A. CERTAIN RULES PROHIBITED. (a) The commissioner
19-48 may not adopt rules restricting competitive bidding or advertising
19-49 by the holder of a license or permit issued under this article
19-50 except to prohibit false, misleading, or deceptive practices.
19-51 (b) In the commissioner's rules to prohibit false,
19-52 misleading, or deceptive practices, the commissioner may not
19-53 include a rule that:
19-54 (1) restricts the use of any medium for advertising;
19-55 (2) restricts the use of a license or permit holder's
19-56 personal appearance or voice in an advertisement;
19-57 (3) relates to the size or duration of an
19-58 advertisement by the license or permit holder; or
19-59 (4) restricts the license or permit holder's
19-60 advertisement under a trade name.
19-61 Sec. 18. ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF
19-62 [APPLICATIONS FOR AND HEARINGS ON] LICENSES AND PERMITS. (a) The
19-63 commissioner [board] shall adopt rules for applications and set
19-64 qualifications for licenses and permits.
19-65 (b) The commissioner [board] may, through the state fire
19-66 marshal, suspend, revoke, or refuse to issue or renew [conduct
19-67 hearings or proceedings concerning the suspension, revocation, or
19-68 refusal to issue or renew] a license or permit.
19-69 (c) A license or permit may be denied, suspended, or
20-1 revoked, or renewal may be refused, if the commissioner [board],
20-2 through the state fire marshal and after notice and a public
20-3 hearing conducted under Section 18A of this article, finds that any
20-4 provision of this article, or any rule promulgated under this
20-5 article, has been violated.
20-6 (d) A person or organization that has a license or permit
20-7 revoked may not reapply for the license or permit earlier than one
20-8 year from the date of revocation. A person reapplying under this
20-9 subsection must request a public hearing on the reissuance of the
20-10 license or permit, and has the burden of proving that a license or
20-11 permit should be granted.
20-12 Sec. 18A. DISCIPLINARY HEARING. If the state fire marshal
20-13 proposes to suspend, revoke, or refuse to renew a license or permit
20-14 of a person, the person is entitled to a hearing conducted by the
20-15 State Office of Administrative Hearings. Proceedings for a
20-16 disciplinary action are governed by the administrative procedure
20-17 law, Chapter 2001, Government Code. Rules of practice adopted by
20-18 the commissioner applicable to the proceedings for a disciplinary
20-19 action may not conflict with rules adopted by the State Office of
20-20 Administrative Hearings.
20-21 SECTION 4.14. The following laws are repealed:
20-22 (1) Section 2A, Article 5.43-1, Insurance Code;
20-23 (2) Subdivision (3), Section 2, Article 5.43-2,
20-24 Insurance Code;
20-25 (3) Section 4A, Article 5.43-2, Insurance Code;
20-26 (4) Subdivision (4), Section 1, Article 5.43-3,
20-27 Insurance Code;
20-28 (5) Section 3A, Article 5.43-3, Insurance Code; and
20-29 (6) Section 5A, Article 5.43-4, Insurance Code.
20-30 SECTION 4.15. The change in law made by Section 13, Article
20-31 5.43-1, Insurance Code, Section 10A, Article 5.43-2, Insurance
20-32 Code, Section 9A, Article 5.43-3, Insurance Code, and Section 18A,
20-33 Article 5.43-4, Insurance Code, as added by this Act, applies only
20-34 to a disciplinary proceeding commenced on or after the effective
20-35 date of this Act. A disciplinary proceeding commenced before the
20-36 effective date of this Act is governed by the law in effect
20-37 immediately before the effective date of this Act, and that law is
20-38 continued in effect for this purpose.
20-39 ARTICLE 5. DIVISION OF EMERGENCY MANAGEMENT
20-40 SECTION 5.01. Subchapter E, Chapter 418, Government Code, is
20-41 amended by adding Section 418.110 to read as follows:
20-42 Sec. 418.110. STATEWIDE MUTUAL AID PROGRAM FOR FIRE
20-43 EMERGENCIES. The division, in consultation with the Texas
20-44 Commission on Fire Protection, shall develop a statewide mutual aid
20-45 program that specifies how and when the state will provide and
20-46 coordinate emergency assistance to local authorities during a fire
20-47 emergency.
20-48 ARTICLE 6. TRANSFER OF FUNCTIONS AND DUTIES
20-49 SECTION 6.01. (a) The powers, duties, rights, obligations,
20-50 contracts, records, personnel, property, funds, and unspent
20-51 appropriations of the Texas Commission on Fire Protection with
20-52 respect to the commission's administration of Articles 5.43-1,
20-53 5.43-2, 5.43-3, and 5.43-4, Insurance Code, and the operations of
20-54 the state fire marshal or the Texas Fire Incident Reporting System
20-55 are transferred to the Texas Department of Insurance.
20-56 (b) A rule of the Texas Commission on Fire Protection that
20-57 relates to the commission's administration of Articles 5.43-1,
20-58 5.43-2, 5.43-3, and 5.43-4, Insurance Code, or the operations of
20-59 the state fire marshal or the Texas Fire Incident Reporting System
20-60 continues in effect as a rule of the Commissioner of Insurance
20-61 until superseded by a rule of the commissioner.
20-62 (c) The state fire marshal serving on the effective date of
20-63 this Act continues to serve unless replaced by the Commissioner of
20-64 Insurance in accordance with Section 417.002, Government Code, as
20-65 amended by this Act.
20-66 (d) Not later than January 1, 1998, the Texas Commission on
20-67 Fire Protection and the Commissioner of Insurance shall adopt a
20-68 memorandum of understanding to accomplish an orderly transfer in
20-69 accordance with this section.
21-1 SECTION 6.02. (a) Except as provided by Section 419.0091,
21-2 Government Code, as added by this Act, each person employed as an
21-3 attorney for the Texas Commission on Fire Protection, and any
21-4 unspent appropriations relating to the employment of these persons,
21-5 are transferred to the office of the attorney general to provide
21-6 legal assistance relating to programs administered by the Texas
21-7 Commission on Fire Protection immediately before the effective date
21-8 of this Act, as directed by the attorney general.
21-9 (b) Not later than January 1, 1998, the Texas Commission on
21-10 Fire Protection and the attorney general shall adopt a memorandum
21-11 of understanding to accomplish an orderly transfer in accordance
21-12 with this section.
21-13 ARTICLE 7. EFFECTIVE DATE AND EMERGENCY
21-14 SECTION 7.01. This Act takes effect September 1, 1997.
21-15 SECTION 7.02. The importance of this legislation and the
21-16 crowded condition of the calendars in both houses create an
21-17 emergency and an imperative public necessity that the
21-18 constitutional rule requiring bills to be read on three several
21-19 days in each house be suspended, and this rule is hereby suspended.
21-20 * * * * *