By Ehrhardt H.B. No. 2245
77R5096 YDB-F
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 and the duties of certain fire departments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 419.021(1), (3), and (6), Government
1-6 Code, are amended to read as follows:
1-7 (1) "Aircraft [fire fighting and] rescue fire
1-8 protection personnel" means permanent, full-time local governmental
1-9 employees who, as a permanent duty assignment, fight aircraft fires
1-10 at airports, stand by for potential crash landings, and perform
1-11 aircraft crash rescue.
1-12 (3) "Fire protection personnel" means:
1-13 (A) permanent, full-time law enforcement
1-14 officers designated as fire and arson investigators by an
1-15 appropriate local authority;
1-16 (B) aircraft [crash and] rescue fire protection
1-17 personnel; or
1-18 (C) permanent, full-time fire department
1-19 employees who are not secretaries, stenographers, clerks, budget
1-20 analysts, or similar support staff persons or other administrative
1-21 employees and who are assigned duties in one or more of the
1-22 following categories:
1-23 (i) fire suppression;
1-24 (ii) fire inspection;
2-1 (iii) fire and arson investigation;
2-2 (iv) marine fire fighting;
2-3 (v) aircraft rescue and [crash] fire
2-4 fighting [and rescue];
2-5 (vi) fire training;
2-6 (vii) fire education;
2-7 (viii) fire administration; and
2-8 (ix) any other position necessarily or
2-9 customarily related to fire prevention or [and] suppression.
2-10 (6) "Protective clothing" means garments, including
2-11 turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
2-12 helmets, and protective hoods, worn by fire protection personnel in
2-13 the course of performing fire-fighting operations, including
2-14 wildland fire suppression.
2-15 SECTION 2. Section 419.040, Government Code, is amended to
2-16 read as follows:
2-17 Sec. 419.040. PROTECTIVE CLOTHING. (a) A fire department
2-18 [local governmental agency providing fire protection] shall
2-19 purchase, provide, and maintain a complete ensemble of appropriate
2-20 protective clothing for each [all] of its fire protection personnel
2-21 who may be exposed to hazardous conditions from fire or other
2-22 emergencies [or provide allowances to these fire protection
2-23 personnel to cover the purchase and maintenance of protective
2-24 clothing and require the fire protection personnel to maintain the
2-25 clothing to meet minimum standards. The protective clothing must
2-26 comply with minimum standards of the National Fire Protection
2-27 Association or its successor].
3-1 (b) The protective clothing issued to an individual must be
3-2 suitable for tasks the individual may be expected to perform and
3-3 must comply with the minimum standards established by the National
3-4 Fire Protection Association or its successor in function [standard
3-5 applicable to an item of clothing is the standard in effect when
3-6 the agency contracts for the item. An agency may continue to use
3-7 clothing in use or contracted for before a change in a standard
3-8 unless the commission determines that the continued use constitutes
3-9 an undue risk to the wearer, in which case the commission shall
3-10 order that the use be discontinued and shall set an appropriate
3-11 date for compliance with the revised standard].
3-12 (c) The fire department shall develop and maintain a
3-13 standard operating procedure on the proper use, selection, care,
3-14 and maintenance of the department's protective clothing.
3-15 SECTION 3. Section 419.041, Government Code, is amended to
3-16 read as follows:
3-17 Sec. 419.041. SELF-CONTAINED BREATHING APPARATUS. (a) A
3-18 fire department [Each local governmental agency providing fire
3-19 protection] shall furnish all of its fire protection personnel who
3-20 engage in operations in which the personnel may encounter unknown
3-21 atmospheres or atmospheres immediately or potentially dangerous to
3-22 life or health [fire fighting] with self-contained breathing
3-23 apparatus [that complies with a nationally recognized standard
3-24 approved by the commission for self-contained breathing apparatus
3-25 for use by fire protection personnel].
3-26 (b) The [At least once in each 30-day period the agency
3-27 shall test each] self-contained breathing apparatus must comply
4-1 with the minimum standards established by the National Fire
4-2 Protection Association or its successor in function [used in the
4-3 agency according to the testing procedures included in a nationally
4-4 recognized standard approved by the commission for self-contained
4-5 breathing apparatus].
4-6 (c) A fire department shall develop and maintain a standard
4-7 operating procedure on the proper use, selection, care, and
4-8 maintenance of all the department's [that uses compressed breathing
4-9 air compressors or any other breathing air systems, including air
4-10 purchased from private sources, to refill self-contained breathing
4-11 apparatus air bottles used by fire protection personnel shall have
4-12 samples of compressed air from those systems tested at least twice
4-13 annually by a competent testing laboratory or facility that has
4-14 equipment designed to test compressed breathing air. The tests
4-15 must include a check of the percentages of oxygen, water,
4-16 hydrocarbons, carbon monoxide, carbon dioxide, and gaseous
4-17 hydrocarbons in the compressed breathing air. The quality of the
4-18 compressed breathing air and the tests of the compressed breathing
4-19 air quality must conform with the quality and testing procedures
4-20 included in a nationally recognized standard approved by the
4-21 commission for self-contained] breathing apparatus.
4-22 (d) A fire department shall have each self-contained
4-23 breathing apparatus used by the department inspected monthly. The
4-24 inspection must comply with the minimum standards established by
4-25 the National Fire Protection Association or its successor in
4-26 function.
4-27 (e) A fire department shall have the overall condition and
5-1 proper functioning of each self-contained breathing apparatus used
5-2 by the department tested annually. The tests must comply with the
5-3 minimum standards established by the National Fire Protection
5-4 Association or its successor in function.
5-5 (f) A fire department that uses self-contained breathing
5-6 apparatus shall have samples of the breathing air used to refill
5-7 the cylinders of the self-contained breathing apparatus tested at
5-8 least every six months by a competent testing laboratory with
5-9 equipment designed to test compressed breathing air. The quality
5-10 of the compressed breathing air and the laboratory conducting the
5-11 tests of the compressed breathing air quality must conform with the
5-12 quality and testing procedures established by the National Fire
5-13 Protection Association or its successor in function.
5-14 SECTION 4. Subchapter B, Chapter 419, Government Code, is
5-15 amended by amending Section 419.042 and adding Sections
5-16 419.043-419.047 to read as follows:
5-17 Sec. 419.042. PERSONAL ALERT SAFETY SYSTEMS. (a) A fire
5-18 department shall purchase, provide, and maintain a personal alert
5-19 safety system for the fire protection personnel who may be exposed
5-20 to hazardous conditions from fire or other emergencies.
5-21 (b) The personal alert safety system must comply with the
5-22 minimum standards established by the National Fire Protection
5-23 Association or its successor in function.
5-24 (c) The fire department shall develop and maintain a
5-25 standard operating procedure on the proper use, selection, care,
5-26 and maintenance of all of its personal alert safety systems.
5-27 Sec. 419.043. APPLICABLE NATIONAL FIRE PROTECTION
6-1 ASSOCIATION STANDARD. (a) The National Fire Protection Association
6-2 standard applicable to protective clothing, self-contained
6-3 breathing apparatus, or personal alert safety systems is the
6-4 standard in effect when a fire-fighting agency contracts to
6-5 purchase the item.
6-6 (b) A fire-fighting agency may continue to use an item that
6-7 was in use or contracted for use before a change in a standard
6-8 unless the commission determines the continued use constitutes an
6-9 undue risk to the wearer. If an undue risk exists, the commission
6-10 shall order use of the item discontinued and shall set a date for
6-11 compliance with the revised standard.
6-12 Sec. 419.044. INCIDENT MANAGEMENT SYSTEM. (a) A fire
6-13 department shall develop, maintain, and use an incident management
6-14 system. The system must:
6-15 (1) include a written standard operating procedure for
6-16 the management of emergency incidents; and
6-17 (2) require operations to be conducted in a manner
6-18 that recognizes hazards and prevents accidents and injuries.
6-19 (b) A fire department shall require all fire protection
6-20 personnel to be trained in and to use the incident management
6-21 system.
6-22 (c) The system shall be applied to all drills, exercises,
6-23 and other situations involving hazards similar to those encountered
6-24 at actual emergency incidents.
6-25 (d) The incident management system shall comply with the
6-26 minimum standards established by the National Fire Protection
6-27 Association or its successor in function.
7-1 Sec. 419.045. PERSONNEL ACCOUNTABILITY SYSTEM. (a) A fire
7-2 department shall develop, maintain, and use a standard operating
7-3 procedure for personnel accountability. The system shall provide a
7-4 rapid accounting procedure for all personnel at an emergency
7-5 incident.
7-6 (b) A fire department shall require all fire protection
7-7 personnel to be trained in and to use the personnel accountability
7-8 system.
7-9 (c) The personnel accountability system must comply with the
7-10 minimum standards established by the National Fire Protection
7-11 Association or its successor in function. If the National Fire
7-12 Protection Association standard applicable to personnel
7-13 accountability systems is revised, the fire department shall comply
7-14 with the new standard not later than the first anniversary of the
7-15 effective date of the new standard.
7-16 Sec. 419.046. FIRE PROTECTION PERSONNEL OPERATING AT
7-17 EMERGENCY INCIDENTS. (a) A fire department shall develop,
7-18 maintain, and use a standard operating procedure for fire
7-19 protection personnel operating at emergency incidents. The
7-20 procedure must:
7-21 (1) specify an adequate number of personnel to safely
7-22 conduct emergency scene operations; and
7-23 (2) limit operations to those that can be safely
7-24 performed by the personnel at the scene.
7-25 (b) A fire department shall require all personnel to be
7-26 trained in and to use the standard operating procedure for fire
7-27 protection personnel operating at emergency incidents.
8-1 (c) The standard operating procedure for fire protection
8-2 personnel operating at an emergency incident must comply with the
8-3 minimum standards established by the National Fire Protection
8-4 Association or its successor in function.
8-5 Sec. 419.047. COMMISSION ENFORCEMENT. The commission shall
8-6 enforce Sections 419.040-419.046. The commission [419.040 and
8-7 419.041 and] may adopt minimum standards consistent with those
8-8 sections and with applicable National Fire Protection Association
8-9 standards for protective clothing, [and] self-contained breathing
8-10 apparatus, personal alert safety systems, incident management
8-11 systems, personnel accountability systems, and procedures for fire
8-12 protection personnel at emergency incidents.
8-13 SECTION 5. This Act takes effect September 1, 2001.