BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1956

                                                                                                                                     By: Menendez

                                                                                                                                      Urban Affairs

                                                                                                           Committee Report (Amended)

 

 

 

BACKGROUND AND PURPOSE

 

The Texas Commission on Fire Protection is charged with enforcing statewide fire service standards, but is hampered in making changes to its rules because of a requirement that the Fire Fighter Advisory Committee made up of current fire protection personal review any changes to rules.  The majority of changes take up to or more than a year to make.

 

HB 1956 authorizes the Texas Commission on Fire Protection to make nonsubstantive clerical changes to its rules or adjust its fees without advisory committee review. In addition, the bill requires the commission to approve only those applications for grants, loans or other financial assistance under Section 419.063 of the Government Code who consistently report incidents to the Texas Fire Incident Reporting System and participates in the National Incident Management System.  The bill also makes conforming amendments to reflect numbering changes made by the 75th Legislature.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Amends Section 419.0082, Government Code, by adding subsection (d) to authorize the Commission of Fire Protection to make nonsubstantive changes to a rule or adjust the amount of a fee prescribed by rule without review by the Fire Fighter Advisory Committee.

 

Amends Section 419.0322, Government Code, by making conforming amendments to reflect numbering changes made to the section during the 75th legislative session in 1997.

 

Amends Section 419.063, Government Code, to require that the commission may not approve applications for scholarships, grants, loans or other financial assistance unless the applicant provides fire suppression services and consistently reports incidents to the Texas Fire Incident Reporting System and participates in the National Incident Management System in accordance with Federal Emergency Management Agency (FEMA) timelines.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2005 or immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.

 

EXPLANATION OF AMENDMENTS

 

Committee Amendment No. 1 amends the original by additionally requiring grant applicants to participate in the National Incident Management System in accordance with FEMA timelines.