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