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.