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.