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.