By Armbrister                                   S.B. No. 1737

      75R3778 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of the Texas Commission on Fire

 1-3     Protection.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 417.0041(b), Government Code, is amended

 1-6     to read as follows:

 1-7           (b)  Each council periodically shall review commission rules

 1-8     implementing the article under which the council was established

 1-9     and recommend changes in the rules to the commission.

1-10     [Notwithstanding Chapter 2001.031, the commission shall submit all

1-11     changes and additions to rules that implement the article under

1-12     which an advisory council was established to that council for

1-13     development.  If the commission does not approve a rule developed

1-14     by the council, the commission shall indicate to the council the

1-15     reasons that the commission did not approve the rule and return the

1-16     rule to the council for further development.]

1-17           SECTION 2.  Subchapter A, Chapter 419, Government Code, is

1-18     amended by adding Section 419.0082 to read as follows:

1-19           Sec. 419.0082.  RULEMAKING.  (a)  In adopting or amending a

1-20     rule under Section 419.008(a) or any other law, the commission

1-21     shall seek the input of the appropriate advisory bodies to the

1-22     commission.  The commission shall permit each appropriate advisory

1-23     body to review and comment on any proposed rule, including a

1-24     proposed amendment to a rule, before the rule is adopted.

 2-1           (b)  The commission may not adopt a rule, including an

 2-2     amendment to a rule, before the commission meeting held after the

 2-3     commission meeting at which the rule is first proposed.

 2-4           (c)  This section does not apply to an emergency rule adopted

 2-5     under Section 2001.034.

 2-6           SECTION 3.  The heading of Subchapter B, Chapter 419,

 2-7     Government Code, is amended to read as follows:

 2-8          SUBCHAPTER B.  REGULATING AND ASSISTING FIRE FIGHTERS AND

 2-9           [FULLY PAID LOCAL FIRE PROTECTION PERSONNEL AND LOCAL]

2-10                              FIRE DEPARTMENTS

2-11           SECTION 4.  Section 419.023, Government Code, is amended to

2-12     read as follows:

2-13           Sec. 419.023.  FIRE SERVICE STANDARDS AND CERTIFICATION

2-14     [PROTECTION PERSONNEL] ADVISORY COMMITTEE.  (a)  The commission

2-15     shall establish a fire service standards and certification

2-16     [protection  personnel] advisory committee to assist the commission

2-17     in matters relating to fire protection personnel, volunteer fire

2-18     fighters, [and] fire departments, and volunteer fire departments.

2-19     The  committee shall be composed of nine members appointed by the

2-20     commission.

2-21           (b)  Three [Six] members of the committee must be fire

2-22     protection personnel or retired fire protection personnel.  Three

2-23     members must be volunteer fire fighters.  The members appointed

2-24     under this subsection must [who] collectively represent various

2-25     areas in the field of fire protection.

2-26           (c)  Three members of the committee must be instructors of

2-27     fire protection personnel or volunteer fire fighters.

 3-1           (d)  The State Firemen's and Fire Marshals' Association of

 3-2     Texas may, on request by the commission, recommend volunteer fire

 3-3     fighters and instructors of volunteer fire fighters for appointment

 3-4     to the committee.  The Texas State Association of Fire Fighters

 3-5     may, on request by the commission, recommend fire protection

 3-6     personnel, retired fire protection personnel, and instructors of

 3-7     fire protection personnel for appointment to the committee.

 3-8           (e)  A committee member serves at the will of the commission.

 3-9           (f) [(b)]  The committee shall elect a member of the

3-10     committee as the presiding officer of the committee.  The committee

3-11     shall meet at least twice each calendar year at the call of the

3-12     presiding officer or at the call of the commission.

3-13           (g) [(c)]  The committee periodically shall review commission

3-14     rules relating to fire protection personnel, [and] fire

3-15     departments, and other fire fighters and fire fighting

3-16     organizations that are subject to regulation under this subchapter

3-17     and recommend changes in the rules to the commission.

3-18     [Notwithstanding Chapter 2001.031, the commission shall submit all

3-19     proposed changes and additions to the rules that relate to fire

3-20     protection personnel and fire departments to the committee for

3-21     development.  If the commission does not approve a rule developed

3-22     by the committee, the commission shall indicate to the committee

3-23     the reasons that the commission did not approve the rule and return

3-24     the rule to the committee for further development.]

3-25           SECTION 5.  Sections 419.0321 and 419.0322, Government Code,

3-26     are amended to read as follows:

3-27           Sec. 419.0321.  PART-TIME FIRE PROTECTION EMPLOYEES.  (a)  A

 4-1     fire department may employ part-time fire protection employees

 4-2     under this section.  [The commission shall create a separate

 4-3     certification class for part-time fire protection employees.]

 4-4           (b)  A [To become certified as a] part-time fire protection

 4-5     employee[, a person] must[:]

 4-6                 [(1)]  satisfy the requirements of Sections 419.032(a)

 4-7     and (b) or Section 419.032(d) for certification as fire protection

 4-8     personnel[; and]

 4-9                 [(2)  be employed by a fire department as a temporary

4-10     or probationary part-time fire protection employee].

4-11           (c)  A fire department may not employ a person as a part-time

4-12     fire protection employee, except on a temporary or probationary

4-13     basis, unless the person has been certified by the commission as

4-14     [a part-time] fire protection personnel [employee].  A temporary or

4-15     probationary employment may not extend beyond one year or be

4-16     renewed, except that on petition of a fire department one year or

4-17     more after the date that a temporary or probationary part-time

4-18     employment expires, the commission may reinstate the person's

4-19     temporary or probationary part-time employment.

4-20           (d)  [A person who is certified as a part-time fire

4-21     protection employee and a fire department or local government that

4-22     employs a part-time fire protection employee are subject to this

4-23     subchapter and applicable commission rules to the same extent that

4-24     this subchapter and applicable commission rules apply to certified

4-25     fire protection personnel and to a fire department or local

4-26     government in the employment of fire protection personnel.]

4-27           [(e)]  A part-time fire protection employee may not:

 5-1                 (1)  work more than 24 hours a week or average more

 5-2     than approximately 24 hours a week during a work cycle, as

 5-3     appropriate, for an employing fire department; or

 5-4                 (2)  work more than 500 hours a year for an employing

 5-5     fire department in duties related to fire suppression.

 5-6           (e) [(f)]  A part-time fire protection employee may work, on

 5-7     a temporary basis only, in place of a person who is full-time fire

 5-8     protection personnel who is absent from work because of vacation,

 5-9     illness, injury, or administrative leave.  Work may not be assigned

5-10     under this subsection in a manner that will cause a reduction in

5-11     the number of authorized full-time positions in a fire department.

5-12     Hours worked under this subsection are not counted when computing

5-13     hours under Subsection (d)(1) [(e)(1)].

5-14           Sec. 419.0322.  CATEGORIES AND DESIGNATION OF PERSONS

5-15     PERFORMING FIRE PROTECTION DUTIES.  (a)  Each person who is

5-16     assigned by a fire department to perform one or more duties listed

5-17     under Section 419.021(a)(3)(B) must be:

5-18                 (1)  full-time fire protection personnel;

5-19                 (2)  a part-time fire protection employee; or

5-20                 (3)  a volunteer or other auxiliary fire fighter.

5-21           (b)  Each fire department shall designate each person who is

5-22     assigned by the department to perform one or more duties listed

5-23     under Section 419.021(a)(3)(B) as full-time fire protection

5-24     personnel, a part-time fire protection employee, or a volunteer or

5-25     auxiliary fire  fighter, but a department may not designate the

5-26     same person under more than one category under this section.  The

5-27     designation shall be made on the records of the department and the

 6-1     designation shall be made available for inspection by the

 6-2     commission or sent to the commission on request.

 6-3           (c)  A fire department may not compensate, reimburse, or

 6-4     provide benefits to a person the department has designated as a

 6-5     volunteer or other auxiliary fire fighter to the extent that the

 6-6     person would be considered fully paid under Section 419.021(b).

 6-7           (d)  A person designated as a part-time fire protection

 6-8     employee under this section is subject to Section 419.0321.

 6-9           SECTION 6.  Subchapter B, Chapter 419, Government Code, is

6-10     amended by adding Section 419.0341 to read as follows:

6-11           Sec. 419.0341.  INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE

6-12     RENEWAL.  (a)  Notwithstanding any other provision of this

6-13     subchapter, fire protection personnel certified under this

6-14     subchapter may continue to hold and renew the certificate without

6-15     regard to whether the person continues to be employed by a local

6-16     authority or fire department.

6-17           (b)  Former fire protection personnel who are no longer

6-18     employed by a local authority or fire department may renew an

6-19     unexpired certificate before the expiration of the certificate by:

6-20                 (1)  submitting evidence satisfactory to the commission

6-21     of completion of any required professional education; and

6-22                 (2)  paying to the commission the required renewal fee.

6-23           (c)  If a person's certificate has been expired for 30 days

6-24     or less, the person may renew the certificate by:

6-25                 (1)  submitting evidence satisfactory to the commission

6-26     of completion of any required professional education; and

6-27                 (2)  paying to the commission the required renewal fee

 7-1     and a fee that is one-half of the certification fee for the

 7-2     certificate.

 7-3           (d)  If a person's certificate has been expired for longer

 7-4     than 30 days but less than one year, the person may renew the

 7-5     certificate by:

 7-6                 (1)  submitting evidence satisfactory to the commission

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

 7-8                 (2)  paying to the commission all unpaid renewal fees

 7-9     and a fee that is equal to the certification fee.

7-10           (e)  If a person's certificate has been expired for one year

7-11     or longer, the person may not renew the certificate.

7-12           (f)  After receiving notice that a person is no longer

7-13     employed by a local authority or fire department, the commission,

7-14     at least 30 days before the expiration of a person's certificate,

7-15     shall send written notice of the impending certificate expiration

7-16     to the last known address of the person according to the records of

7-17     the commission.

7-18           SECTION 7.  Section 419.054(c), Government Code, is amended

7-19     to read as follows:

7-20           (c)  The committee shall assist the commission in matters

7-21     relating to the administration of this subchapter.  The committee

7-22     periodically shall review commission rules relating to the program

7-23     and recommend changes in the rules to the commission.

7-24     [Notwithstanding Chapter 2001.031, the commission shall submit all

7-25     proposed changes and additions to the rules that relate to the

7-26     program to the committee for development.  If the commission does

7-27     not approve a rule developed by the committee, the commission shall

 8-1     indicate to the committee the reasons that the commission did not

 8-2     approve the rule and return the rule to the committee for further

 8-3     development.]

 8-4           SECTION 8.  Subchapter D, Chapter 419, Government Code, is

 8-5     amended to read as follows:

 8-6         SUBCHAPTER D. VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS

 8-7           Sec. 419.071.  VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER

 8-8     FIRE FIGHTERS AND FIRE DEPARTMENTS.  (a)  The commission shall

 8-9     develop a voluntary certification program for volunteer fire

8-10     fighters and volunteer fire departments.  The program must include

8-11     the same components and requirements as the certification program

8-12     established under Subchapter B. The certification program for

8-13     volunteer fire fighters and volunteer fire departments may take

8-14     into account the different circumstances of volunteer fire

8-15     fighters in establishing deadlines for completion of various

8-16     components or requirements of the program.

8-17           (b)  A certificate for a given type and level of

8-18     certification that is issued under the certification program

8-19     established under this section is equivalent to a certificate for

8-20     the same type and level issued under Subchapter B.  The certificate

8-21     is subject to the same issuance and renewal requirements as a

8-22     certificate issued under Subchapter B, and a certificate holder may

8-23     be disciplined and regulated in the same manner as provided by

8-24     Subchapter B.  [Components of the program developed by the

8-25     commission shall include voluntary certification of volunteer fire

8-26     fighters, voluntary certification of facilities that train

8-27     volunteer fire fighters, and voluntary inspection and certification

 9-1     of protective clothing and self-contained breathing apparatus of

 9-2     volunteer fire departments.  A volunteer fire fighter or other

 9-3     entity that chooses to become certified under a component of the

 9-4     commission's certification program under this subchapter is subject

 9-5     to commission rules that relate to that component.]

 9-6           [(b)  The commission shall contract with a statewide

 9-7     organization whose members include both volunteer and paid fire

 9-8     fighters to administer and implement the program.  The commission

 9-9     in the contract shall reserve the right to evaluate the

9-10     administration and implementation of the program under the contract

9-11     and the right to observe and to require information from the other

9-12     party to the contract so that the commission may perform a

9-13     meaningful evaluation.]

9-14           (c)  A volunteer fire fighter, volunteer fire department, or

9-15     facility that provides training to volunteer fire fighters is not

9-16     required to participate in any component of the commission's

9-17     program under this chapter.  A volunteer fire fighter, volunteer

9-18     fire department, or facility that provides training to volunteer

9-19     fire fighters may on request participate in one or more components

9-20     of the program under this subchapter as appropriate.  The volunteer

9-21     fire department with which a volunteer fire fighter is affiliated

9-22     may, but is not required to, pay the certificate fee for a

9-23     volunteer fire fighter certified under this subchapter.

9-24           (d)  At least 30 days before the expiration of a volunteer

9-25     fire fighter's certificate, the commission shall send written

9-26     notice of the impending certificate expiration to the last known

9-27     address of the fire fighter according to the records of the

 10-1    commission.  [The program shall make available to volunteer fire

 10-2    fighters the same level of training that is made available to paid

 10-3    fire protection personnel and recruits through the commission's

 10-4    basic certification program under Subchapter B, but in a way that

 10-5    takes into account the circumstances of volunteer fire fighters.]

 10-6          [(e)  The commission by rule may:]

 10-7                [(1)  establish qualifications relating to minimum age,

 10-8    education, and physical and mental condition required for

 10-9    certification under this subchapter;]

10-10                [(2)  establish standards relating to training programs

10-11    and to continuing education under this subchapter;]

10-12                [(3)  establish the training components required for

10-13    certification under this subchapter;]

10-14                [(4)  establish testing procedures for certification

10-15    candidates and procedures to test the satisfactory completion of

10-16    training components; and]

10-17                [(5)  recognize other training for credit towards

10-18    certification under this chapter.]

10-19          [(f)  Qualifications established for persons under this

10-20    section may only be qualifications for certification and may not be

10-21    qualifications for entering a certification program.]

10-22          Sec. 419.072[.  VOLUNTEER FIRE FIGHTER ADVISORY COMMITTEE.

10-23    (a)  The commission shall establish a volunteer fire fighter

10-24    advisory committee to assist the commission in matters relating to

10-25    volunteer fire fighters and volunteer fire departments.  The

10-26    committee shall be composed of nine members appointed by the

10-27    commission.  Six members must be volunteer fire fighters who

 11-1    collectively represent various areas in the field of fire

 11-2    protection.  Three members must be instructors of volunteer fire

 11-3    fighters.  Six of the nine members must be appointed from a list

 11-4    submitted each year before September 1 to the commission by the

 11-5    State Firemen's and Fire Marshals' Association of Texas.  A

 11-6    committee member:]

 11-7                [(1)  serves at the will of the commission;]

 11-8                [(2)  serves for a one-year term that expires February

 11-9    1; and]

11-10                [(3)  may be reappointed to the committee after the

11-11    expiration of a term.]

11-12          [(b)  The committee shall elect a member of the committee as

11-13    presiding officer of the committee.  The committee shall meet at

11-14    least twice each calendar year at the call of the presiding officer

11-15    or at the call of the commission.]

11-16          [(c)  The committee shall develop and recommend to the

11-17    commission for approval the rules of the program under this

11-18    subchapter.  The committee periodically shall review commission

11-19    rules relating to the commission's program under this subchapter

11-20    and recommend changes in the rules to the commission.

11-21    Notwithstanding Chapter 2001.031, the commission shall submit all

11-22    proposed rules and all proposed changes and additions to the rules

11-23    that relate to the program under this subchapter to the committee

11-24    for development.  If the commission does not approve a rule

11-25    developed by the committee, the commission shall indicate to the

11-26    committee the reasons that the commission did not approve the rule

11-27    and return the rule to the committee for further development.]

 12-1          [Sec. 419.073.  CERTIFICATION FEE.  The commission shall set

 12-2    and collect a fee of not more than $10 for each certificate issued

 12-3    under this subchapter designed to recover the commission's costs

 12-4    under this subchapter.  The commission may choose to pay the fee

 12-5    out of money appropriated for the implementation of Subchapter C.]

 12-6          [Sec. 419.074.  RECOGNITION OF CERTAIN PRIOR CERTIFICATIONS.

 12-7    (a)  The commission shall, on application, certify a person under

 12-8    the commission's program under this subchapter if the person

 12-9    received an advanced certificate from the State Firemen's and Fire

12-10    Marshals' Association of Texas before September 1, 1993.]

12-11          [(b)  A volunteer fire fighter who receives an advanced

12-12    certificate from the State Firemen's and Fire Marshals' Association

12-13    of Texas after September 1, 1993, shall on application be certified

12-14    under this subchapter:]

12-15                [(1)  if the commission determines that the standards

12-16    under which the volunteer fire fighter received the advanced

12-17    certificate are at least as stringent as the applicable standards

12-18    in effect for that certificate on January 1, 1993; and]

12-19                [(2)  after the successful completion of an examination

12-20    administered by the commission for the purpose of certification

12-21    under this subchapter.]

12-22          [Sec. 419.075].  OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER

12-23    [BECOMING CERTIFIED UNDER SUBCHAPTER B].  (a)  Notwithstanding

12-24    anything to the contrary in Subchapter B, a fire department may

12-25    appoint as fire protection personnel a [A] volunteer fire fighter

12-26    or former volunteer fire fighter who is certified by the commission

12-27    under this subchapter.  On receiving the appointment from the

 13-1    employing fire department, the person is considered to be certified

 13-2    fire protection personnel.  [is eligible to be certified to be fire

 13-3    protection personnel under Subchapter B  if the person successfully

 13-4    completes the fire protection personnel examination administered

 13-5    under Subchapter B on the first or second attempt.  A volunteer

 13-6    fire fighter who is certified by the commission under this

 13-7    subchapter and who does not successfully complete the fire

 13-8    protection personnel examination administered under Subchapter B on

 13-9    the first or second attempt is eligible to be certified to be fire

13-10    protection personnel under Subchapter B only after completing a

13-11    commission-approved certification program under Subchapter B and

13-12    subsequent successful completion of the fire protection personnel

13-13    examination administered under Subchapter B.]

13-14          (b)  In this section, "fire department" has the meaning

13-15    assigned by Section 419.021.

13-16          Sec. 419.073.  INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE

13-17    RENEWAL.  (a)  A volunteer fire fighter certified under this

13-18    subchapter may continue to hold and renew the certificate without

13-19    regard to whether the person continues to be affiliated with a

13-20    volunteer fire department.

13-21          (b)  A former volunteer fire fighter who is no longer

13-22    affiliated with a volunteer fire department may renew an unexpired

13-23    certificate before the expiration of the certificate by:

13-24                (1)  submitting evidence satisfactory to the commission

13-25    of completion of any required professional education; and

13-26                (2)  paying to the commission the required renewal fee.

13-27          (c)  If a person's certificate has been expired for 30 days

 14-1    or less, the person may renew the certificate by:

 14-2                (1)  submitting evidence satisfactory to the commission

 14-3    of completion of any required professional education; and

 14-4                (2)  paying to the commission the required renewal fee

 14-5    and a fee that is one-half of the certification fee for the

 14-6    certificate.

 14-7          (d)  If a person's certificate has been expired for longer

 14-8    than 30 days but less than one year, the person may renew the

 14-9    certificate by:

14-10                (1)  submitting evidence satisfactory to the commission

14-11    of completion of any required professional education; and

14-12                (2)  paying to the commission all unpaid renewal fees

14-13    and a fee that is equal to the certification fee.

14-14          (e)  If a person's certificate has been expired for one year

14-15    or longer, the person may not renew the certificate.

14-16          SECTION 9.  (a)  The volunteer fire fighter advisory

14-17    committee established under Section 419.072, Government Code, as

14-18    that section existed immediately before the effective date of this

14-19    Act, is abolished.

14-20          (b)  The Fire Protection Personnel Advisory Committee

14-21    established under Section 419.023, Government Code, as that section

14-22    existed immediately before the effective date of this Act, is

14-23    abolished.

14-24          (c)  As soon as possible on or after the effective date of

14-25    this Act, the Texas Commission on Fire Protection shall establish

14-26    and make appointments to the Fire Service Standards and

14-27    Certification Advisory Committee under Section 419.023, Government

 15-1    Code, as amended by this Act.

 15-2          SECTION 10.  This Act takes effect September 1, 1997.

 15-3          SECTION 11.  The importance of this legislation and the

 15-4    crowded condition of the calendars in both houses create an

 15-5    emergency and an imperative public necessity that the

 15-6    constitutional rule requiring bills to be read on three several

 15-7    days in each house be suspended, and this rule is hereby suspended.