77R13553 E                          
         By Gallegos                                            S.B. No. 382
         Substitute the following for S.B. No. 382:
         By Ehrhardt                                        C.S.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
 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.
2-27                 (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 419.032(c), Government Code, is amended
 3-7     to read as follows:
 3-8           (c)  Fire protection personnel who receive temporary or
 3-9     probationary appointment and who fail to satisfactorily complete a
3-10     basic course in fire protection, as prescribed by the commission,
3-11     before one year after the date of the original appointment forfeit,
3-12     and shall be removed from, the position.  A temporary or
3-13     probationary appointment may not be extended beyond one year by
3-14     renewal of appointment or otherwise, except that on petition of a
3-15     fire department one year or more after the date of the forfeiture
3-16     and removal, the commission may reinstate the person's temporary or
3-17     probationary employment.  Fire protection personnel must complete a
3-18     commission-approved training course in fire suppression before
3-19     being assigned full-time to fire suppression duties.  The
3-20     commission may, on application by a fire department and after
3-21     receiving the comments and advice of the fire fighter advisory
3-22     committee, extend from one year to a period not to exceed two
3-23     years, the time allowed for fire protection personnel receiving a
3-24     temporary or probationary appointment to successfully complete a
3-25     basic course in fire protection.
3-26           SECTION 3.  Section 419.040, Government Code, is amended to
3-27     read as follows:
 4-1           Sec. 419.040.  PROTECTIVE CLOTHING. (a)  A fire department
 4-2     shall purchase, provide, and maintain a complete ensemble of
 4-3     appropriate protective clothing for each of its fire protection
 4-4     personnel who would be exposed to hazardous conditions from fire or
 4-5     other emergencies or where the potential for such exposure exists
 4-6     [A local governmental agency providing fire protection shall
 4-7     provide and maintain protective clothing for all of its fire
 4-8     protection personnel or provide allowances to these fire protection
 4-9     personnel to cover the purchase and maintenance of protective
4-10     clothing and require the fire protection personnel to maintain the
4-11     clothing to meet minimum standards.  The protective clothing must
4-12     comply with minimum standards of the National Fire Protection
4-13     Association or its successor].
4-14           (b)  The protective clothing shall be suitable for the task
4-15     that the individual is expected to perform and must comply with the
4-16     minimum standards of the National Fire Protection Association or
4-17     its successor [The National Fire Protection Association standard
4-18     applicable to an item of clothing is the standard in effect when
4-19     the agency contracts for the item.  An agency may continue to use
4-20     clothing in use or contracted for before a change in a standard
4-21     unless the commission determines that the continued use constitutes
4-22     an undue risk to the wearer, in which ease the commission shall
4-23     order that the use be discontinued and shall set an appropriate
4-24     date for compliance with the revised standard].
4-25           (c)  The fire department shall develop and maintain a
4-26     standard operating procedure covering the proper use, selection,
4-27     care, and maintenance of all of its protective clothing.
 5-1           SECTION 4.  Section 419.041, Government Code, is amended to
 5-2     read as follows:
 5-3           Sec. 419.041.  SELF-CONTAINED BREATHING APPARATUS. (a)  A
 5-4     fire department shall furnish with self-contained breathing
 5-5     apparatus all of its fire protection personnel who engage in
 5-6     operations where the personnel might encounter atmospheres that are
 5-7     immediately dangerous to life or health, where the potential for
 5-8     such exposure exists, or where the atmosphere is unknown [Each
 5-9     local governmental agency providing fire protection shall furnish
5-10     all of its fire protection personnel who engage in fire fighting
5-11     with self-contained breathing apparatus that complies with a
5-12     nationally recognized standard approved by the commission for
5-13     self-contained breathing apparatus for use by fire protection
5-14     personnel].
5-15           (b)  All self-contained breathing apparatus shall comply with
5-16     the minimum standards of the National Fire Protection Association
5-17     or its successor [At least once in each 30-day period the agency
5-18     shall test each self-contained breathing apparatus used in the
5-19     agency according to the testing procedures included in a nationally
5-20     recognized standard approved by the commission for self-contained
5-21     breathing apparatus].
5-22           (c)  A fire department shall develop and maintain a standard
5-23     operating procedure covering the proper use, selection, care, and
5-24     maintenance of all of its breathing apparatus [A fire department
5-25     that uses compressed breathing air compressors or any other
5-26     breathing air systems, including air purchased from private
5-27     sources, to refill self-contained breathing apparatus air bottles
 6-1     used by fire protection personnel shall have samples of compressed
 6-2     air from those systems tested at least twice annually by a
 6-3     competent testing laboratory or facility that has equipment
 6-4     designed to test compressed breathing air.  The tests must include
 6-5     a check of the percentages of oxygen, water, hydrocarbons, carbon
 6-6     monoxide, carbon dioxide, and gaseous hydrocarbons in the
 6-7     compressed breathing air.  The quality of the compressed breathing
 6-8     air and the tests of the compressed breathing air quality must
 6-9     conform with the quality and testing procedures included in a
6-10     nationally recognized standard approved by the commission for
6-11     self-contained breathing apparatus].
6-12           (d)  A fire department shall require each self-contained
6-13     breathing apparatus used by the department to be inspected at least
6-14     monthly.  The inspection shall comply with the minimum standards of
6-15     the National Fire Protection Association or its successor.
6-16           (e)  A fire department shall require each self-contained
6-17     breathing apparatus used by the department to be tested annually
6-18     for overall condition and proper functioning. The tests shall
6-19     comply with the minimum standards of the National Fire Protection
6-20     Association or its successor.
6-21           (f)  A fire department that uses self-contained breathing
6-22     apparatus shall have samples of the breathing air used to refill
6-23     the cylinders of the self-contained breathing apparatus tested at
6-24     least every six months by a competent testing laboratory that has
6-25     equipment designed to test compressed breathing air.  The quality
6-26     of the compressed breathing air and the laboratory conducting the
6-27     tests of the compressed breathing air quality must conform with the
 7-1     quality and testing procedures established by the National Fire
 7-2     Protection Association or its successor.
 7-3           SECTION 5.  Section 419.042, Government Code, is amended to
 7-4     to read as follows:
 7-5           Sec. 419.042.  PERSONAL ALERT SAFETY SYSTEMS. (a)  A fire
 7-6     department shall purchase, provide, and maintain a personal alert
 7-7     safety system for each of its fire protection personnel who would
 7-8     be exposed to hazardous conditions from fire or other emergencies
 7-9     or where the potential for such exposure exists.
7-10           (b)  The personal alert safety system must comply with
7-11     minimum standards of the National Fire Protection Association or
7-12     its successor.
7-13           (c)  The fire department shall develop and maintain a
7-14     standard operating procedure covering the proper use, selection,
7-15     care, and maintenance of all of its personal alert safety systems.
7-16     [COMMISSION ENFORCEMENT.  The commission shall enforce Sections
7-17     419.040 and 419.041 and may adopt minimum standards consistent with
7-18     those sections for protective clothing and self-contained breathing
7-19     apparatus for fire protection personnel.]
7-20           SECTION 6.  Subchapter B, Chapter 419, Government Code, is
7-21     amended by adding Section 419.043 to read as follows:
7-22           Sec. 419.043.  APPLICABLE NATIONAL FIRE PROTECTION
7-23     ASSOCIATION STANDARD. The National Fire Protection Association
7-24     standard applicable to protective clothing, self-contained
7-25     breathing apparatus, or personal alert safety systems is the
7-26     standard in effect when a fire-fighting agency contracts to
7-27     purchase the item.  The agency may continue to use an item that was
 8-1     in use or contracted for before a change in a standard unless the
 8-2     commission determines that the continued use constitutes an undue
 8-3     risk to the wearer, in which case the  commission shall order the
 8-4     use be discontinued and shall set an appropriate date for
 8-5     compliance with the revised standard.
 8-6           SECTION 7.  Subchapter B, Chapter 419, Government Code, is
 8-7     amended by adding Section 419.044 to read as follows:
 8-8           Sec. 419.044.  INCIDENT MANAGEMENT SYSTEM. (a)  A fire
 8-9     department shall develop and maintain an incident management
8-10     system.  The system shall include a written standard operating
8-11     procedure for the management of emergency incidents.  The system
8-12     shall require operations to be conducted in a manner that
8-13     recognizes hazards and prevents accidents and injuries.
8-14           (b)  A fire department shall require all fire protection
8-15     personnel to be trained in and to use the incident management
8-16     system.  The system shall also be applied to all drills, exercises,
8-17     and other situations that involve hazards similar to those
8-18     encountered at actual emergency incidents.
8-19           (c)  The incident management system shall comply with the
8-20     minimum standards established by the National Fire Protection
8-21     Association or its successor.
8-22           SECTION 8.  Subchapter B, Chapter 419, Government Code, is
8-23     amended by adding Section 419.045 to read as follows:
8-24           Sec. 419.045.  PERSONNEL ACCOUNTABILITY SYSTEM. (a)  A fire
8-25     department shall develop and maintain a standard operating
8-26     procedure for personnel accountability.  The system shall provide a
8-27     rapid accounting of all personnel at an emergency incident.
 9-1           (b)  A fire department shall require all personnel to be
 9-2     trained in and to use the personnel accountability system.
 9-3           (c)  The personnel accountability system shall comply with
 9-4     the minimum standards established by the National Fire Protection
 9-5     Association or its successor.  If the National Fire Protection
 9-6     Association standard applicable to personnel accountability systems
 9-7     is revised, the fire department shall comply with the new standard
 9-8     within one year from the effective date of the new standard.
 9-9           SECTION 9.  Subchapter B, Chapter 419, Government Code, is
9-10     amended by adding Section 419.046 to read as follows:
9-11           Sec. 419.046.  FIRE PROTECTION PERSONNEL OPERATING AT
9-12     EMERGENCY INCIDENTS. (a)  A fire department shall develop,
9-13     maintain, and use a standard operating procedure covering fire
9-14     protection personnel operating at emergency incidents.  The
9-15     procedure shall specify an adequate number of personnel to safely
9-16     conduct emergency scene operations. The procedure shall limit
9-17     operations to those that can be safely performed by the personnel
9-18     available at the scene.
9-19           (b)  A fire department shall require all personnel to be
9-20     trained in and to use the standard operating procedure pertaining
9-21     to fire protection personnel operating at emergency incidents.
9-22           (c)  The minimum standards established by the National Fire
9-23     Protection Association or its successor for operating procedures
9-24     for fire protection personnel operating at an emergency incident
9-25     may be used as a guideline for fire departments when developing
9-26     standard operating procedures.
9-27           (d)  The standard operating procedures for structure fires
 10-1    shall comply with the Occupational Safety and Health
 10-2    Administration's Final Rule, 29 C.F.R. Section 1910.134(g)(4),
 10-3    procedures for interior structural fire fighting of July 1, 1998.
 10-4          SECTION 10.  Subchapter B, Chapter 419, Government Code, is
 10-5    amended by adding Section 419.047 to read as follows:
 10-6          Sec. 419.047.  COMMISSION ENFORCEMENT. The commission shall
 10-7    enforce Sections 419.040, 419.041, 419.042, 419.043, 419.044,
 10-8    419.045, and 419.046.  The commission may adopt minimum standards
 10-9    consistent with those sections for protective clothing,
10-10    self-contained breathing apparatus, personal alert safety systems,
10-11    incident management systems, personnel accountability systems, fire
10-12    protection personnel operating at emergency incidents, and
10-13    applicable National Fire Protection Association standards for fire
10-14    protection personnel.
10-15          SECTION 11.  This Act takes effect September 1, 2001.