1-1                                   AN ACT
 1-2     relating to the powers and duties of the Texas Commission on Fire
 1-3     Protection and to certain authority of the Commission on Human
 1-4     Rights with regard to fire departments.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 419.021, Government Code, is amended to
 1-7     read as follows:
 1-8           Sec. 419.021.  DEFINITIONS.  In this subchapter:
 1-9                 (1)  "Aircraft rescue [fire fighting] and [rescue] fire
1-10     protection personnel" means permanent, full-time local governmental
1-11     employees who, as a permanent duty assignment, fight aircraft fires
1-12     at airports, stand by for potential crash landings, and perform
1-13     aircraft crash rescue.
1-14                 (2)  "Fire department" means a department of a local
1-15     government that is staffed by permanent, full-time employees of the
1-16     local government and that is organized to prevent or suppress
1-17     fires.
1-18                 (3)  "Fire protection personnel" means:
1-19                       (A)  permanent, full-time law enforcement
1-20     officers designated as fire and arson investigators by an
1-21     appropriate local authority;
1-22                       (B)  aircraft [crash and] rescue and fire
1-23     protection personnel; or
1-24                       (C)  permanent, full-time fire department
1-25     employees who are not secretaries, stenographers, clerks, budget
 2-1     analysts, or similar support staff persons or other administrative
 2-2     employees and who are assigned duties in one or more of the
 2-3     following categories:
 2-4                             (i)  fire suppression;
 2-5                             (ii)  fire inspection;
 2-6                             (iii)  fire and arson investigation;
 2-7                             (iv)  marine fire fighting;
 2-8                             (v)  aircraft rescue and [crash] fire
 2-9     fighting [and rescue];
2-10                             (vi)  fire training;
2-11                             (vii)  fire education;
2-12                             (viii) fire administration; and
2-13                             (ix)  any other position necessarily or
2-14     customarily related to fire prevention or [and] suppression.
2-15                 (4)  "Local government" means a municipality, a county,
2-16     a special-purpose district or authority, or any other political
2-17     subdivision of the state.
2-18                 (5)  "Marine fire protection personnel" means
2-19     permanent, full-time local governmental employees who work aboard a
2-20     fireboat and fight fires that occur on or adjacent to a waterway,
2-21     waterfront, channel, or turning basin.
2-22                 (6)  "Protective clothing" means garments, including
2-23     turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
2-24     helmets, and protective hoods, worn by fire protection personnel in
2-25     the course of performing fire-fighting operations, including
2-26     wildland fire suppression.
 3-1                 (7)  "Structure fire protection personnel" means
 3-2     permanent, full-time local government employees who engage in
 3-3     fire-fighting activities involving structures and may perform other
 3-4     emergency activities typically associated with fire-fighting duties
 3-5     such as rescue, emergency medical response, confined space rescue,
 3-6     hazardous materials response, and wildland fire-fighting.
 3-7           SECTION 2.  Subsection (c), Section 419.032, Government Code,
 3-8     is amended to read as follows:
 3-9           (c)  Fire protection personnel who receive temporary or
3-10     probationary appointment and who fail to satisfactorily complete a
3-11     basic course in fire protection, as prescribed by the commission,
3-12     before one year after the date of the original appointment forfeit,
3-13     and shall be removed from, the position.  A temporary or
3-14     probationary appointment may not be extended beyond one year by
3-15     renewal of appointment or otherwise, except that on petition of a
3-16     fire department one year or more after the date of the forfeiture
3-17     and removal, the commission may reinstate the person's temporary or
3-18     probationary employment.  Fire protection personnel must complete a
3-19     commission-approved training course in fire suppression before
3-20     being assigned full-time to fire suppression duties.  The
3-21     commission may, on application by a fire department and after
3-22     receiving the comments and advice of the fire fighter advisory
3-23     committee, extend from one year to a period not to exceed two years
3-24     the time allowed for fire protection personnel receiving a
3-25     temporary or probationary appointment to successfully complete a
3-26     basic course in fire protection.
 4-1           SECTION 3.  Section 419.040, Government Code, is amended to
 4-2     read as follows:
 4-3           Sec. 419.040.  PROTECTIVE CLOTHING.  (a)  A fire department
 4-4     shall purchase, provide, and maintain a complete ensemble of
 4-5     appropriate protective clothing for each of its fire protection
 4-6     personnel who would be exposed to hazardous conditions from fire or
 4-7     other emergencies or where the potential for such exposure exists
 4-8     [A local governmental agency providing fire protection shall
 4-9     provide and maintain protective clothing for all of its fire
4-10     protection personnel or provide allowances to these fire protection
4-11     personnel to cover the purchase and maintenance of protective
4-12     clothing and require the fire protection personnel to maintain the
4-13     clothing to meet minimum standards.  The protective clothing must
4-14     comply with minimum standards of the National Fire Protection
4-15     Association or its successor].
4-16           (b)  The protective clothing shall be suitable for the task
4-17     that the individual is expected to perform and must comply with the
4-18     minimum standards of the National Fire Protection Association or
4-19     its successor [The National Fire Protection Association standard
4-20     applicable to an item of clothing is the standard in effect when
4-21     the agency contracts for the item.  An agency may continue to use
4-22     clothing in use or contracted for before a change in a standard
4-23     unless the commission determines that the continued use constitutes
4-24     an undue risk to the wearer, in which ease the commission shall
4-25     order that the use be discontinued and shall set an appropriate
4-26     date for compliance with the revised standard].
 5-1           (c)  The fire department shall develop and maintain a
 5-2     standard operating procedure covering the proper use, selection,
 5-3     care, and maintenance of all of its protective clothing.
 5-4           SECTION 4.  Section 419.041, Government Code, is amended to
 5-5     read as follows:
 5-6           Sec. 419.041.  SELF-CONTAINED BREATHING APPARATUS.  (a)  A
 5-7     fire department shall furnish with self-contained breathing
 5-8     apparatus all of its fire protection personnel who engage in
 5-9     operations where the personnel might encounter atmospheres that are
5-10     immediately dangerous to life or health, where the potential for
5-11     such exposure exists, or where the atmosphere is unknown [Each
5-12     local governmental agency providing fire protection shall furnish
5-13     all of its fire protection personnel who engage in fire fighting
5-14     with self-contained breathing apparatus that complies with a
5-15     nationally recognized standard approved by the commission for
5-16     self-contained breathing apparatus for use by fire protection
5-17     personnel].
5-18           (b)  All self-contained breathing apparatus shall comply with
5-19     the minimum standards of the National Fire Protection Association
5-20     or its successor [At least once in each 30-day period the agency
5-21     shall test each self-contained breathing apparatus used in the
5-22     agency according to the testing procedures included in a nationally
5-23     recognized standard approved by the commission for self-contained
5-24     breathing apparatus].
5-25           (c)  A fire department shall develop and maintain a standard
5-26     operating procedure covering the proper use, selection, care, and
 6-1     maintenance of all of its breathing apparatus [A fire department
 6-2     that uses compressed breathing air compressors or any other
 6-3     breathing air systems, including air purchased from private
 6-4     sources, to refill self-contained breathing apparatus air bottles
 6-5     used by fire protection personnel shall have samples of compressed
 6-6     air from those systems tested at least twice annually by a
 6-7     competent testing laboratory or facility that has equipment
 6-8     designed to test compressed breathing air.  The tests must include
 6-9     a check of the percentages of oxygen, water, hydrocarbons, carbon
6-10     monoxide, carbon dioxide, and gaseous hydrocarbons in the
6-11     compressed breathing air.  The quality of the compressed breathing
6-12     air and the tests of the compressed breathing air quality must
6-13     conform with the quality and testing procedures included in a
6-14     nationally recognized standard approved by the commission for
6-15     self-contained breathing apparatus].
6-16           (d)  A fire department shall require each self-contained
6-17     breathing apparatus used by the department to be inspected at least
6-18     monthly.  The inspection shall comply with the minimum standards of
6-19     the National Fire Protection Association or its successor.
6-20           (e)  A fire department shall require each self-contained
6-21     breathing apparatus used by the department to be tested annually
6-22     for overall condition and proper functioning.  The tests shall
6-23     comply with the minimum standards of the National Fire Protection
6-24     Association or its successor.
6-25           (f)  A fire department that uses self-contained breathing
6-26     apparatus shall have samples of the breathing air used to refill
 7-1     the cylinders of the self-contained breathing apparatus tested at
 7-2     least every six months by a competent testing laboratory that has
 7-3     equipment designed to test compressed breathing air.  The quality
 7-4     of the compressed breathing air and the laboratory conducting the
 7-5     tests of the compressed breathing air quality must conform with the
 7-6     quality and testing procedures established by the National Fire
 7-7     Protection Association or its successor.
 7-8           SECTION 5.  Section 419.042, Government Code, is amended to
 7-9     read as follows:
7-10           Sec. 419.042.  PERSONAL ALERT SAFETY SYSTEMS.  (a)  A fire
7-11     department shall purchase, provide, and maintain a personal alert
7-12     safety system for each of its fire protection personnel who would
7-13     be exposed to hazardous conditions from fire or other emergencies
7-14     or where the potential for such exposure exists.
7-15           (b)  The personal alert safety system must comply with
7-16     minimum standards of the National Fire Protection Association or
7-17     its successor.
7-18           (c)  The fire department shall develop and maintain a
7-19     standard operating procedure covering the proper use, selection,
7-20     care, and maintenance of all of its personal alert safety systems.
7-21     [COMMISSION ENFORCEMENT.  The commission shall enforce Sections
7-22     419.040 and 419.041 and may adopt minimum standards consistent with
7-23     those sections for protective clothing and self-contained breathing
7-24     apparatus for fire protection personnel.]
7-25           SECTION 6.  Subchapter B, Chapter 419, Government Code, is
7-26     amended by adding Section 419.043 to read as follows:
 8-1           Sec. 419.043.  APPLICABLE NATIONAL FIRE PROTECTION
 8-2     ASSOCIATION STANDARD.  The National Fire Protection Association
 8-3     standard applicable to protective clothing, self-contained
 8-4     breathing apparatus, or personal alert safety systems is the
 8-5     standard in effect when a fire-fighting agency contracts to
 8-6     purchase the item.  The agency may continue to use an item that was
 8-7     in use or contracted for before a change in a standard unless the
 8-8     commission determines that the continued use constitutes an undue
 8-9     risk to the wearer, in which case the commission shall order the
8-10     use be discontinued and shall set an appropriate date for
8-11     compliance with the revised standard.
8-12           SECTION 7.  Subchapter B, Chapter 419, Government Code, is
8-13     amended by adding Section 419.044 to read as follows:
8-14           Sec. 419.044.  INCIDENT MANAGEMENT SYSTEM.  (a)  A fire
8-15     department shall develop and maintain an incident management
8-16     system.  The system shall include a written standard operating
8-17     procedure for the management of emergency incidents.  The system
8-18     shall require operations to be conducted in a manner that
8-19     recognizes hazards and prevents accidents and injuries.
8-20           (b)  A fire department shall require all fire protection
8-21     personnel to be trained in and to use the incident management
8-22     system.  The system shall also be applied to all drills, exercises,
8-23     and other situations that involve hazards similar to those
8-24     encountered at actual emergency incidents.
8-25           (c)  The incident management system shall comply with the
8-26     minimum standards established by the National Fire Protection
 9-1     Association or its successor.
 9-2           SECTION 8.  Subchapter B, Chapter 419, Government Code, is
 9-3     amended by adding Section 419.045 to read as follows:
 9-4           Sec. 419.045.  PERSONNEL ACCOUNTABILITY SYSTEM.  (a)  A fire
 9-5     department shall develop and maintain a standard operating
 9-6     procedure for personnel accountability.  The system shall provide a
 9-7     rapid accounting of all personnel at an emergency incident.
 9-8           (b)  A fire department shall require all personnel to be
 9-9     trained in and to use the personnel accountability system.
9-10           (c)  The personnel accountability system shall comply with
9-11     the minimum standards established by the National Fire Protection
9-12     Association or its successor.  If the National Fire Protection
9-13     Association standard applicable to personnel accountability systems
9-14     is revised, the fire department shall comply with the new standard
9-15     within one year from the effective date of the new standard.
9-16           SECTION 9.  Subchapter B, Chapter 419, Government Code, is
9-17     amended by adding Section 419.046 to read as follows:
9-18           Sec. 419.046.  FIRE PROTECTION PERSONNEL OPERATING AT
9-19     EMERGENCY INCIDENTS.  (a)  A fire department shall develop,
9-20     maintain, and use a standard operating procedure covering fire
9-21     protection personnel operating at emergency incidents.  The
9-22     procedure shall specify an adequate number of personnel to safely
9-23     conduct emergency scene operations.  The procedure shall limit
9-24     operations to those that can be safely performed by the personnel
9-25     available at the scene.
9-26           (b)  A fire department shall require all personnel to be
 10-1    trained in and to use the standard operating procedure pertaining
 10-2    to fire protection personnel operating at emergency incidents.
 10-3          (c)  The minimum standards established by the National Fire
 10-4    Protection Association or its successor for operating procedures
 10-5    for fire protection personnel operating at an emergency incident
 10-6    may be used as a guideline for fire departments when developing
 10-7    standard operating procedures.
 10-8          (d)  The standard operating procedures for structure fires
 10-9    shall comply with the Occupational Safety and Health
10-10    Administration's Final Rule, 29 C.F.R. Section 1910.134(g)(4),
10-11    procedures for interior structural fire fighting of July 1, 1998.
10-12          SECTION 10.  Subchapter B, Chapter 419, Government Code, is
10-13    amended by adding Section 419.047 to read as follows:
10-14          Sec. 419.047.  COMMISSION ENFORCEMENT.  The commission shall
10-15    enforce Sections 419.040, 419.041, 419.042, 419.043, 419.044,
10-16    419.045, and 419.046.  The commission may adopt minimum standards
10-17    consistent with those sections for protective clothing,
10-18    self-contained breathing apparatus, personal alert safety systems,
10-19    incident management systems, personnel accountability systems, fire
10-20    protection personnel operating at emergency incidents, and
10-21    applicable National Fire Protection Association standards for fire
10-22    protection personnel.
10-23          SECTION 11.  Chapter 419, Government Code, is amended by
10-24    adding Subchapter F to read as follows:
 11-1              SUBCHAPTER F.  REVIEW OF FIRE DEPARTMENT TESTS
 11-2          Sec. 419.101.  APPLICABILITY.  This subchapter applies to
 11-3    the initial tests administered by a fire department used to measure
 11-4    the ability of a person to perform the essential functions of a
 11-5    job.
 11-6          Sec. 419.102.  REVIEW OF TESTS.  (a)  The commission shall
 11-7    authorize the Commission on Human Rights to review the
 11-8    administration of tests by fire departments to determine whether
 11-9    the tests are administered in a manner that complies with Chapter
11-10    21, Labor Code.
11-11          (b)  The Commission on Human Rights shall by rule establish
11-12    an objective system to determine how to select the departments the
11-13    Commission on Human Rights will review and when the Commission on
11-14    Human Rights will review a certain department.
11-15          Sec. 419.103.  DISCRIMINATION PROHIBITED; DISPARATE IMPACT.
11-16    (a)  A test may not be administered in a manner that discriminates
11-17    on the basis of race or color.  A test may not be administered in a
11-18    manner that discriminates on the basis of disability, religion,
11-19    sex, national origin, or age unless the discrimination is a result
11-20    of a bona fide occupational qualification.
11-21          (b)  In determining whether the administration of a test
11-22    complies with Chapter 21, Labor Code, the Commission on Human
11-23    Rights shall ascertain whether the test has had a disparate impact
11-24    on any group defined by race, color, disability, religion, sex,
11-25    national origin, or age.  If the disparate impact on a group is the
11-26    result of a bona fide occupational qualification, the fire
 12-1    department has complied with that chapter.
 12-2          Sec. 419.104.  VIOLATION; RECOMMENDATIONS OF COMMISSION ON
 12-3    HUMAN RIGHTS.  (a)  If the Commission on Human Rights determines
 12-4    that the administration of a test by a fire department does not
 12-5    comply with Chapter 21, Labor Code, the Commission on Human Rights
 12-6    shall recommend appropriate changes for the administration of the
 12-7    test.
 12-8          (b)  The department shall consider a recommendation made
 12-9    under Subsection (a) and shall revise the administration of its
12-10    tests to comply with this chapter.
12-11          Sec. 419.105.  AUTHORITY TO ADMINISTER TEST.  This subchapter
12-12    does not affect the authority of a fire department to administer,
12-13    devise, or conduct a test or to require a certain level of
12-14    performance on a test as a prerequisite to employment or continued
12-15    employment.
12-16          SECTION 12.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 382 passed the Senate on
         May 1, 2001, by the following vote:  Yeas 30, Nays 0, one present
         not voting; and that the Senate concurred in House amendments on
         May 26, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 382 passed the House, with
         amendments, on May 11, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor