HBA-CMT H.B. 1529 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1529
By: Bailey
Urban Affairs
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

Currently the Texas Commission on Fire Protection establishes standards for
and regulates both paid and volunteer firefighters.  House Bill 1529
requires covered fire departments to adopt standard operating procedures
which generally conform to the standards established by the National Fire
Protection Association (NFPA), and allows for deviation from NFPA standards
in delineated circumstances.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1529 amends the Government and Local Government codes to require
a fire department to develop, maintain, and use a standard operating
procedure covering fire protection personnel operating at emergency
incidents.  The procedure is required to specify an adequate number of
personnel to safely conduct emergency scene operations, and limit
operations to those that can be safely performed by the personnel available
at the scene.   

The department must require all personnel to be trained in and to use the
standard operating procedure pertaining to fire protection personnel
operating at emergency incidents.  The standard operating procedure adopted
by the fire department is required to comply with the minimum standards
established by the National Fire Protection Association (NFPA) or its
successor in function.   

The bill authorizes a fire department to deviate from minimum standards
established by the NFPA or its successor in developing a standard operating
procedure covering fire protection personnel operating at emergency
incidents only if: 

_The department head files a letter with the Texas Commission on Fire
Protection identifying and explaining each deviation from NFPA standards,
and stating the reasons the department concluded compliance was not
necessary; and 

 _the governing body of the municipality served by the fire department
waives the municipality's immunity under provisions for worker's
compensation insurance against claims by fire fighters for personal injury
or death caused in whole or in part by the fire department's deviation from
NFPA standards. 

The bill requires that all firefighter work be performed and supervised by
classified fire department personnel. 
 



 EFFECTIVE DATE

September 1, 2001.