By: Gallegos S.B. No. 382
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 419.021, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 419.021. DEFINITIONS. In this subchapter:
1-8 (1) "Aircraft rescue [fire fighting] and [rescue] fire
1-9 protection personnel" means permanent, full-time local governmental
1-10 employees who, as a permanent duty assignment, fight aircraft fires
1-11 at airports, stand by for potential crash landings, and perform
1-12 aircraft crash rescue.
1-13 (2) "Fire department" means a department of a local
1-14 government that is staffed by permanent, full-time employees of the
1-15 local government and that is organized to prevent or suppress
1-16 fires.
1-17 (3) "Fire protection personnel" means:
1-18 (A) permanent, full-time law enforcement
1-19 officers designated as fire and arson investigators by an
1-20 appropriate local authority;
1-21 (B) aircraft [crash and] rescue and fire
1-22 protection personnel; or
1-23 (C) permanent, full-time fire department
1-24 employees who are not secretaries, stenographers, clerks, budget
1-25 analysts, or similar support staff persons or other administrative
2-1 employees and who are assigned duties in one or more of the
2-2 following categories:
2-3 (i) fire suppression;
2-4 (ii) fire inspection;
2-5 (iii) fire and arson investigation;
2-6 (iv) marine fire fighting;
2-7 (v) aircraft rescue and [crash] fire
2-8 fighting [and rescue];
2-9 (vi) fire training;
2-10 (vii) fire education;
2-11 (viii) fire administration; and
2-12 (ix) any other position necessarily or
2-13 customarily related to fire prevention or [and] suppression.
2-14 (4) "Local government" means a municipality, a county,
2-15 a special-purpose district or authority, or any other political
2-16 subdivision of the state.
2-17 (5) "Marine fire protection personnel" means
2-18 permanent, full-time local governmental employees who work aboard a
2-19 fireboat and fight fires that occur on or adjacent to a waterway,
2-20 waterfront, channel, or turning basin.
2-21 (6) "Protective clothing" means garments, including
2-22 turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
2-23 helmets, and protective hoods, worn by fire protection personnel in
2-24 the course of performing fire-fighting operations, to include
2-25 wildland fire suppression.
2-26 (7) "Structure fire protection personnel" means
3-1 permanent, full-time local government employees who engage in
3-2 fire-fighting activities involving structures and may perform other
3-3 emergency activities typically associated with fire-fighting duties
3-4 such as rescue, emergency medical response, confined space rescue,
3-5 hazardous materials response, and wildland fire fighting.
3-6 SECTION 2. Section 419.040, Government Code, is amended to
3-7 read as follows:
3-8 Sec. 419.040. PROTECTIVE CLOTHING. (a) A fire department
3-9 shall purchase, provide, and maintain a complete ensemble of
3-10 appropriate protective clothing for each of its fire protection
3-11 personnel who would be exposed to hazardous conditions from fire or
3-12 other emergencies or where the potential for such exposure exists
3-13 [local governmental agency providing fire protection shall provide
3-14 and maintain protective clothing for all of its fire protection
3-15 personnel or provide allowances to these fire protection personnel
3-16 to cover the purchase and maintenance of protective clothing and
3-17 require the fire protection personnel to maintain the clothing to
3-18 meet minimum standards. The protective clothing must comply with
3-19 minimum standards of the National Fire Protection Association or
3-20 its successor].
3-21 (b) The protective clothing shall be suitable for the task
3-22 that the individual is expected to perform and must comply with the
3-23 minimum standards of the National Fire Protection Association or
3-24 its successor [National Fire Protection Association standard
3-25 applicable to an item of clothing is the standard in effect when
3-26 the agency contracts for the item. An agency may continue to use
4-1 clothing in use or contracted for before a change in a standard
4-2 unless the commission determines that the continued use constitutes
4-3 an undue risk to the wearer, in which case the commission shall
4-4 order that the use be discontinued and shall set an appropriate
4-5 date for compliance with the revised standard].
4-6 (c) The fire department shall develop and maintain a
4-7 standard operating procedure covering the proper use, selection,
4-8 care, and maintenance of all of its protective clothing.
4-9 SECTION 3. Section 419.041, Government Code, is amended to
4-10 read as follows:
4-11 Sec. 419.041. SELF-CONTAINED BREATHING APPARATUS. (a) A
4-12 fire department shall furnish all of its fire protection personnel
4-13 who engage in operations where they might encounter atmospheres
4-14 that are immediately dangerous to life or health, where the
4-15 potential for such exposure exists, or where the atmosphere is
4-16 unknown with self-contained breathing apparatus [Each local
4-17 governmental agency providing fire protection shall furnish all of
4-18 its fire protection personnel who engage in fire fighting with
4-19 self-contained breathing apparatus that complies with a nationally
4-20 recognized standard approved by the commission for self-contained
4-21 breathing apparatus for use by fire protection personnel].
4-22 (b) All self-contained breathing apparatus shall comply with
4-23 the minimum standards of the National Fire Protection Association
4-24 or its successor [At least once in each 30-day period the agency
4-25 shall test each self-contained breathing apparatus used in the
4-26 agency according to the testing procedures included in a nationally
5-1 recognized standard approved by the commission for self-contained
5-2 breathing apparatus].
5-3 (c) A fire department shall develop and maintain a standard
5-4 operating procedure covering the proper use, selection, care, and
5-5 maintenance of all of its breathing apparatus [that uses compressed
5-6 breathing air compressors or any other breathing air systems,
5-7 including air purchased from private sources, to refill
5-8 self-contained breathing apparatus air bottles used by fire
5-9 protection personnel shall have samples of compressed air from
5-10 those systems tested at least twice annually by a competent testing
5-11 laboratory or facility that has equipment designed to test
5-12 compressed breathing air. The tests must include a check of the
5-13 percentages of oxygen, water, hydrocarbons, carbon monoxide, carbon
5-14 dioxide, and gaseous hydrocarbons in the compressed breathing air.
5-15 The quality of the compressed breathing air and the tests of the
5-16 compressed breathing air quality must conform with the quality and
5-17 testing procedures included in a nationally recognized standard
5-18 approved by the commission for self contained breathing apparatus].
5-19 (d) A fire department shall require each self-contained
5-20 breathing apparatus used by the department to be inspected at least
5-21 monthly. The inspection shall be done in a manner that complies
5-22 with the minimum standards of the National Fire Protection
5-23 Association or its successor.
5-24 (e) A fire department shall require each self-contained
5-25 breathing apparatus used by the department to be tested annually
5-26 for overall condition and proper functioning. The tests shall be
6-1 done in a manner that complies with the minimum standards of the
6-2 National Fire Protection Association or its successor.
6-3 (f) A fire department that uses self-contained breathing
6-4 apparatus shall have samples of the breathing air used to refill
6-5 the cylinders of the self-contained breathing apparatus tested at
6-6 least every six months by a competent testing laboratory that has
6-7 equipment designed to test compressed breathing air. The quality
6-8 of the compressed breathing air and the laboratory conducting the
6-9 tests of the compressed breathing air quality must conform with the
6-10 quality and testing procedures established by the National Fire
6-11 Protection Association or its successor.
6-12 SECTION 4. Section 419.042, Government Code, is amended to
6-13 read as follows:
6-14 Sec. 419.042. PERSONAL ALERT SAFETY SYSTEMS [COMMISSION
6-15 ENFORCEMENT]. (a) A fire department shall purchase, provide, and
6-16 maintain a personal alert safety system for each fire protection
6-17 personnel who would be exposed to hazardous conditions from fire or
6-18 other emergencies or where the potential for such exposure exists.
6-19 (b) The personal alert safety system must comply with
6-20 minimum standards of the National Fire Protection Association or
6-21 its successor.
6-22 (c) The fire department shall develop and maintain a
6-23 standard operating procedure covering the proper use, selection,
6-24 care, and maintenance of all of its personal alert safety systems
6-25 [The commission shall enforce Sections 419.040 and 419.041 and may
6-26 adopt minimum standards consistent with those sections for
7-1 protective clothing and self contained breathing apparatus for fire
7-2 protection personnel].
7-3 SECTION 5. Subchapter B, Chapter 419, Government Code, is
7-4 amended by adding Section 419.043 to read as follows:
7-5 Sec. 419.043. APPLICABLE NATIONAL FIRE PROTECTION
7-6 ASSOCIATION STANDARD. The National Fire Protection Association
7-7 standard applicable to protective clothing, self-contained
7-8 breathing apparatus, or personal alert safety systems is the
7-9 standard in effect when the agency contracts to purchase the item.
7-10 An agency may continue to use an item that was in use or contracted
7-11 for before a change in a standard unless the commission determines
7-12 that the continued use constitutes an undue risk to the wearer, in
7-13 which case the commission shall order that the use be discontinued
7-14 and shall set an appropriate date for compliance with the revised
7-15 standard.
7-16 SECTION 6. Subchapter B, Chapter 419, Government Code, is
7-17 amended by adding Section 419.044 to read as follows:
7-18 Sec. 419.044. INCIDENT MANAGEMENT SYSTEM. (a) A fire
7-19 department shall develop and maintain an incident management
7-20 system. The system shall include a written standard operating
7-21 procedure for the management of emergency incidents. The system
7-22 shall require operations to be conducted in a manner that
7-23 recognizes hazards and prevents accidents and injuries.
7-24 (b) A fire department shall require all fire protection
7-25 personnel to be trained in and to use the incident management
7-26 system. The system shall also be applied to all drills, exercises,
8-1 and other situations that involve hazards similar to those
8-2 encountered at actual emergency incidents.
8-3 (c) The incident management system shall comply with the
8-4 minimum standards established by the National Fire Protection
8-5 Association or its successor.
8-6 SECTION 7. Subchapter B, Chapter 419, Government Code, is
8-7 amended by adding Section 419.045 to read as follows:
8-8 Sec. 419.045. PERSONNEL ACCOUNTABILITY SYSTEM. (a) A fire
8-9 department shall develop and maintain a standard operating
8-10 procedure for personnel accountability. The system shall provide a
8-11 rapid accounting of all personnel at an emergency incident.
8-12 (b) A fire department shall require all personnel to be
8-13 trained in and to use the personnel accountability system.
8-14 (c) The personnel accountability system shall comply with
8-15 the minimum standards established by the National Fire Protection
8-16 Association or its successor. If the National Fire Protection
8-17 Association standard applicable to personnel accountability systems
8-18 is revised, the fire department shall comply with the new standard
8-19 within one year from the effective date of the new standard.
8-20 SECTION 8. Subchapter B, Chapter 419, Government Code, is
8-21 amended by adding Section 419.046 to read as follows:
8-22 Sec. 419.046. FIRE PROTECTION PERSONNEL OPERATING AT
8-23 EMERGENCY INCIDENTS. (a) A fire department shall develop,
8-24 maintain, and use a standard operating procedure covering fire
8-25 protection personnel operating at emergency incidents. The
8-26 procedure shall specify an adequate number of personnel to safely
9-1 conduct emergency scene operations. The procedure shall limit
9-2 operations to those that can be safely performed by the personnel
9-3 available at the scene.
9-4 (b) A fire department shall require all personnel to be
9-5 trained in and to use the standard operating procedure pertaining
9-6 to fire protection personnel operating at emergency incidents.
9-7 (c) The minimum standards established by the National Fire
9-8 Protection Association or its successor for operating procedures
9-9 for fire protection personnel operating at an emergency incident
9-10 may be used as a guideline for fire departments when developing
9-11 standard operating procedures.
9-12 (d) The standard operating procedures for structure fires
9-13 shall comply with the Occupational Safety and Health
9-14 Administration's final rule, 29 C.F.R. Section 1910.134(g)(4)
9-15 (Procedures for interior structural fire fighting), of July 1,
9-16 1998.
9-17 SECTION 9. Subchapter B, Chapter 419, Government Code, is
9-18 amended by adding Section 419.047 to read as follows:
9-19 Sec. 419.047. COMMISSION ENFORCEMENT. The commission shall
9-20 enforce Sections 419.040-419.046 and this section. The commission
9-21 may adopt minimum standards consistent with those sections for
9-22 protective clothing, self-contained breathing apparatus, personal
9-23 alert safety systems, incident management systems, personnel
9-24 accountability systems, fire protection personnel operating at
9-25 emergency incidents, and applicable National Fire Protection
9-26 Association standards for fire protection personnel.
10-1 SECTION 10. This Act takes effect September 1, 2001.