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.