By Bailey H.B. No. 1529 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to classification of positions within covered fire 1-3 departments. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter G, Chapter 143 of the Local Government 1-6 Code is amended by adding the following: 1-7 Sec. 143.1052. Classification. Except for the work of the 1-8 department head, the person the department head appoints in 1-9 accordance with Section 143.014 or 143.102, and purely clerical 1-10 personnel, all work of a type described in Section 143.003(4) shall 1-11 be performed and supervised by fire department personnel who are 1-12 classified in accordance with Section 143.021. 1-13 relating to the powers and duties of the Texas Commission on Fire 1-14 Protection. 1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-16 SECTION 1. Subchapter B, Chapter 419, Government Code, is 1-17 amended by adding Section 419.046 to read as follows: 1-18 Sec. 419.046 FIRE PROTECTION PERSONEL OPERATING AT EMERGENCY 1-19 INCIDENTS. (a) A fire department shall develop, maintain and use a 1-20 standard operating procedure covering fire protection personnel 1-21 operating at emergency incidents. The procedure shall specify an 1-22 adequate number of personnel to safely conduct emergency scene 2-1 operations. The procedure shall limit operations to those that can 2-2 be safely performed by the personnel available at the scene. 2-3 (b) A fire department shall require all personnel to be 2-4 trained in and to use the standard operating procedure pertaining 2-5 to fire protection personnel operating at emergency incidents. 2-6 (c) Except as allowed by Subsection (d), the standard 2-7 operating procedure adopted by the fire department shall comply 2-8 with the minimum standards established by the National Fire 2-9 Protection Association (NFPA) or its successor in function. 2-10 (d) A fire department may deviate from minimum standards 2-11 established by the NFPA or its successor in function in developing 2-12 a standard operating procedure covering fire protection personnel 2-13 operating at emergency incidents only if the following conditions 2-14 are met: 2-15 (1) The department head files a letter with the 2-16 Commission identifying and explaining each deviation from NFPA 2-17 standards, and stating the reasons the department has concluded 2-18 that compliance with NFPA standards is not necessary; and 2-19 (2) the governing body of the municipality served by 2-20 the fire department waives the municipality's immunity under 2-21 Section 101.028 of the Civil Practice & Remedies Code against 2-22 claims by fire fighters for personal injury or death caused in 2-23 whole or in part by the fire department's deviation from NFPA 2-24 standards. 2-25 SECTION 2. This Act takes effect September 1, 2001.