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