1-1     By:  Gallegos                                          S.B. No. 382
 1-2           (In the Senate - Filed January 24, 2001; January 29, 2001,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; April 19, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     April 19, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 382                  By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the powers and duties of the Texas Commission on Fire
1-11     Protection.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 419.021, Government Code, is amended to
1-14     read as follows:
1-15           Sec. 419.021.  DEFINITIONS.  In this subchapter:
1-16                 (1)  "Aircraft rescue [fire fighting] and [rescue] fire
1-17     protection personnel" means permanent, full-time local governmental
1-18     employees who, as a permanent duty assignment, fight aircraft fires
1-19     at airports, stand by for potential crash landings, and perform
1-20     aircraft crash rescue.
1-21                 (2)  "Fire department" means a department of a local
1-22     government that is staffed by permanent, full-time employees of the
1-23     local government and that is organized to prevent or suppress
1-24     fires.
1-25                 (3)  "Fire protection personnel" means:
1-26                       (A)  permanent, full-time law enforcement
1-27     officers designated as fire and arson investigators by an
1-28     appropriate local authority;
1-29                       (B)  aircraft [crash and] rescue and fire
1-30     protection personnel; or
1-31                       (C)  permanent, full-time fire department
1-32     employees who are not secretaries, stenographers, clerks, budget
1-33     analysts, or similar support staff persons or other administrative
1-34     employees and who are assigned duties in one or more of the
1-35     following categories:
1-36                             (i)  fire suppression;
1-37                             (ii)  fire inspection;
1-38                             (iii)  fire and arson investigation;
1-39                             (iv)  marine fire fighting;
1-40                             (v)  aircraft rescue and [crash] fire
1-41     fighting [and rescue];
1-42                             (vi)  fire training;
1-43                             (vii)  fire education;
1-44                             (viii)  fire administration; and
1-45                             (ix)  any other position necessarily or
1-46     customarily related to fire prevention or [and] suppression.
1-47                 (4)  "Local government" means a municipality, a county,
1-48     a special-purpose district or authority, or any other political
1-49     subdivision of the state.
1-50                 (5)  "Marine fire protection personnel" means
1-51     permanent, full-time local governmental employees who work aboard a
1-52     fireboat and fight fires that occur on or adjacent to a waterway,
1-53     waterfront, channel, or turning basin.
1-54                 (6)  "Protective clothing" means garments, including
1-55     turnout coats, bunker coats, bunker pants, boots, gloves, trousers,
1-56     helmets, and protective hoods, worn by fire protection personnel in
1-57     the course of performing fire-fighting operations, to include
1-58     wildland fire suppression.
1-59                 (7)  "Structure fire protection personnel" means
1-60     permanent, full-time local government employees who engage in
1-61     fire-fighting activities involving structures and may perform other
1-62     emergency activities typically associated with fire-fighting duties
1-63     such as rescue, emergency medical response, confined space rescue,
1-64     hazardous materials response, and wildland fire fighting.
 2-1           SECTION 2.  Section 419.040, Government Code, is amended to
 2-2     read as follows:
 2-3           Sec. 419.040.  PROTECTIVE CLOTHING.  (a)  A fire department
 2-4     shall purchase, provide, and maintain a complete ensemble of
 2-5     appropriate protective clothing for each of its fire protection
 2-6     personnel who would be exposed to hazardous conditions from fire or
 2-7     other emergencies or where the potential for such exposure exists
 2-8     [local governmental agency providing fire protection shall provide
 2-9     and maintain protective clothing for all of its fire protection
2-10     personnel or provide allowances to these fire protection personnel
2-11     to cover the purchase and maintenance of protective clothing and
2-12     require the fire protection personnel to maintain the clothing to
2-13     meet minimum standards.  The protective clothing must comply with
2-14     minimum standards of the National Fire Protection Association or
2-15     its successor].
2-16           (b)  The protective clothing shall be suitable for the task
2-17     that the individual is expected to perform and must comply with the
2-18     minimum standards of the National Fire Protection Association or
2-19     its successor [National Fire Protection Association standard
2-20     applicable to an item of clothing is the standard in effect when
2-21     the agency contracts for the item.  An agency may continue to use
2-22     clothing in use or contracted for before a change in a standard
2-23     unless the commission determines that the continued use constitutes
2-24     an undue risk to the wearer, in which case the commission shall
2-25     order that the use be discontinued and shall set an appropriate
2-26     date for compliance with the revised standard].
2-27           (c)  The fire department shall develop and maintain a
2-28     standard operating procedure covering the proper use, selection,
2-29     care, and maintenance of all of its protective clothing.
2-30           SECTION 3.  Section 419.041, Government Code, is amended to
2-31     read as follows:
2-32           Sec. 419.041.  SELF-CONTAINED BREATHING APPARATUS.  (a)  A
2-33     fire department shall furnish all of its fire protection personnel
2-34     who engage in operations where they might encounter atmospheres
2-35     that are immediately dangerous to life or health, where the
2-36     potential for such exposure exists, or where the atmosphere is
2-37     unknown with self-contained breathing apparatus [Each local
2-38     governmental agency providing fire protection shall furnish all of
2-39     its fire protection personnel who engage in fire fighting with
2-40     self-contained breathing apparatus that complies with a nationally
2-41     recognized standard approved by the commission for self-contained
2-42     breathing apparatus for use by fire protection personnel].
2-43           (b)  All self-contained breathing apparatus shall comply with
2-44     the minimum standards of the National Fire Protection Association
2-45     or its successor [At least once in each 30-day period the agency
2-46     shall test each self-contained breathing apparatus used in the
2-47     agency according to the testing procedures included in a nationally
2-48     recognized standard approved by the commission for self-contained
2-49     breathing apparatus].
2-50           (c)  A fire department shall develop and maintain a standard
2-51     operating procedure covering the proper use, selection, care, and
2-52     maintenance of all of its breathing apparatus [that uses compressed
2-53     breathing air compressors or any other breathing air systems,
2-54     including air purchased from private sources, to refill
2-55     self-contained breathing apparatus air bottles used by fire
2-56     protection personnel shall have samples of compressed air from
2-57     those systems tested at least twice annually by a competent testing
2-58     laboratory or facility that has equipment designed to test
2-59     compressed breathing air.  The tests must include a check of the
2-60     percentages of oxygen, water, hydrocarbons, carbon monoxide, carbon
2-61     dioxide, and gaseous hydrocarbons in the compressed breathing air.
2-62     The quality of the compressed breathing air and the tests of the
2-63     compressed breathing air quality must conform with the quality and
2-64     testing procedures included in a nationally recognized standard
2-65     approved by the commission for self contained breathing apparatus].
2-66           (d)  A fire department shall require each self-contained
2-67     breathing apparatus used by the department to be inspected at least
2-68     monthly.  The inspection shall be done in a manner that complies
2-69     with the minimum standards of the National Fire Protection
 3-1     Association or its successor.
 3-2           (e)  A fire department shall require each self-contained
 3-3     breathing apparatus used by the department to be tested annually
 3-4     for overall condition and proper functioning.  The tests shall be
 3-5     done in a manner that complies with the minimum standards of the
 3-6     National Fire Protection Association or its successor.
 3-7           (f)  A fire department that uses self-contained breathing
 3-8     apparatus shall have samples of the breathing air used to refill
 3-9     the cylinders of the self-contained breathing apparatus tested at
3-10     least every six months by a competent testing laboratory that has
3-11     equipment designed to test compressed breathing air.  The quality
3-12     of the compressed breathing air and the laboratory conducting the
3-13     tests of the compressed breathing air quality must conform with the
3-14     quality and testing procedures established by the National Fire
3-15     Protection Association or its successor.
3-16           SECTION 4.  Section 419.042, Government Code, is amended to
3-17     read as follows:
3-18           Sec. 419.042.  PERSONAL ALERT SAFETY SYSTEMS [COMMISSION
3-19     ENFORCEMENT].  (a)  A fire department shall purchase, provide, and
3-20     maintain a personal alert safety system for each fire protection
3-21     personnel who would be exposed to hazardous conditions from fire or
3-22     other emergencies or where the potential for such exposure exists.
3-23           (b)  The personal alert safety system must comply with
3-24     minimum standards of the National Fire Protection Association or
3-25     its successor.
3-26           (c)  The fire department shall develop and maintain a
3-27     standard operating procedure covering the proper use, selection,
3-28     care, and maintenance of all of its personal alert safety systems
3-29     [The commission shall enforce Sections 419.040 and 419.041 and may
3-30     adopt minimum standards consistent with those sections for
3-31     protective clothing and self contained breathing apparatus for fire
3-32     protection personnel].
3-33           SECTION 5.  Subchapter B, Chapter 419, Government Code, is
3-34     amended by adding Section 419.043 to read as follows:
3-35           Sec. 419.043.  APPLICABLE NATIONAL FIRE PROTECTION
3-36     ASSOCIATION STANDARD.  The National Fire Protection Association
3-37     standard applicable to protective clothing, self-contained
3-38     breathing apparatus, or personal alert safety systems is the
3-39     standard in effect when the agency contracts to purchase the item.
3-40     An agency may continue to use an item that was in use or contracted
3-41     for before a change in a standard unless the commission determines
3-42     that the continued use constitutes an undue risk to the wearer, in
3-43     which case the commission shall order that the use be discontinued
3-44     and shall set an appropriate date for compliance with the revised
3-45     standard.
3-46           SECTION 6.  Subchapter B, Chapter 419, Government Code, is
3-47     amended by adding Section 419.044 to read as follows:
3-48           Sec. 419.044.  INCIDENT MANAGEMENT SYSTEM.  (a)  A fire
3-49     department shall develop and maintain an incident management
3-50     system.  The system shall include a written standard operating
3-51     procedure for the management of emergency incidents.  The system
3-52     shall require operations to be conducted in a manner that
3-53     recognizes hazards and prevents accidents and injuries.
3-54           (b)  A fire department shall require all fire protection
3-55     personnel to be trained in and to use the incident management
3-56     system.  The system shall also be applied to all drills, exercises,
3-57     and other situations that involve hazards similar to those
3-58     encountered at actual emergency incidents.
3-59           (c)  The incident management system shall comply with the
3-60     minimum standards established by the National Fire Protection
3-61     Association or its successor.
3-62           SECTION 7.  Subchapter B, Chapter 419, Government Code, is
3-63     amended by adding Section 419.045 to read as follows:
3-64           Sec. 419.045.  PERSONNEL ACCOUNTABILITY SYSTEM.  (a)  A fire
3-65     department shall develop and maintain a standard operating
3-66     procedure for personnel accountability.  The system shall provide a
3-67     rapid accounting of all personnel at an emergency incident.
3-68           (b)  A fire department shall require all personnel to be
3-69     trained in and to use the personnel accountability system.
 4-1           (c)  The personnel accountability system shall comply with
 4-2     the minimum standards established by the National Fire Protection
 4-3     Association or its successor.   If the National Fire Protection
 4-4     Association standard applicable to personnel accountability systems
 4-5     is revised, the fire department shall comply with the new standard
 4-6     within one year from the effective date of the new standard.
 4-7           SECTION 8.  Subchapter B, Chapter 419, Government Code, is
 4-8     amended by adding Section 419.046 to read as follows:
 4-9           Sec. 419.046.  FIRE PROTECTION PERSONNEL OPERATING AT
4-10     EMERGENCY INCIDENTS.  (a)  A fire department shall develop,
4-11     maintain, and use a standard operating procedure covering fire
4-12     protection personnel operating at emergency incidents.  The
4-13     procedure shall specify an adequate number of personnel to safely
4-14     conduct emergency scene operations.  The procedure shall limit
4-15     operations to those that can be safely performed by the personnel
4-16     available at the scene.
4-17           (b)  A fire department shall require all personnel to be
4-18     trained in and to use the standard operating procedure pertaining
4-19     to fire protection personnel operating at emergency incidents.
4-20           (c)  The minimum standards established by the National Fire
4-21     Protection Association or its successor for operating procedures
4-22     for fire protection personnel operating at an emergency incident
4-23     may be used as a guideline for fire departments when developing
4-24     standard operating procedures.
4-25           (d)  The standard operating procedures for structure fires
4-26     shall comply with the Occupational Safety and Health
4-27     Administration's final rule, 29 C.F.R.  Section 1910.134(g)(4)
4-28     (Procedures for interior structural fire fighting), of July 1,
4-29     1998.
4-30           SECTION 9.  Subchapter B, Chapter 419, Government Code, is
4-31     amended by adding Section 419.047 to read as follows:
4-32           Sec. 419.047.  COMMISSION ENFORCEMENT.  The commission shall
4-33     enforce Sections 419.040-419.046 and this section.  The commission
4-34     may adopt minimum standards consistent with those sections for
4-35     protective clothing, self-contained breathing apparatus, personal
4-36     alert safety systems, incident management systems, personnel
4-37     accountability systems, fire protection personnel operating at
4-38     emergency incidents, and applicable National Fire Protection
4-39     Association standards for fire protection personnel.
4-40           SECTION 10.  This Act takes effect September 1, 2001.
4-41                                  * * * * *