By:  Menendez                                                     H.B. No. 1956


A BILL TO BE ENTITLED
AN ACT
relating to the regulation of firefighters and fire departments by the Texas Commission on Fire Protection. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 419.0082, Texas Government Code, is amended by adding Subsection (d) to read as follows: (d) Notwithstanding other provisions of this section, the commission may, without review by an advisory committee, make nonsubstantive clerical changes to a rule or adjust the amount of a fee prescribed by a rule. SECTION 2. Section 419.0322, Government Code, is amended to read as follows: Sec. 419.0322. CATEGORIES AND DESIGNATION OF PERSONS PERFORMING FIRE PROTECTION DUTIES. (a) Each person who is assigned by a fire department to perform one or more duties listed under Section 419.021(3)(C) [419.021(a)(3)(B)] must be: (1) fire protection personnel; (2) a part-time fire protection employee; or (3) a volunteer or other auxiliary fire fighter. (b) Each fire department shall designate each person who is assigned by the department to perform one or more duties listed under Section 419.021(3)(C) [419.021(a)(3)(B)] as fire protection personnel, a part-time fire protection employee, or a volunteer or auxiliary fire fighter, but a department may not designate the same person under more than one category under this section. The designation shall be made on the records of the department and the designation shall be made available for inspection by the commission or sent to the commission on request. (c) A fire department may not compensate, reimburse, or provide benefits to a person the department has designated as a volunteer or other auxiliary fire fighter to the extent that the person would be considered fully paid fire protection personnel [under Section 419.021(b)]. (d) A person designated as a part-time fire protection employee under this section is subject to Section 419.0321. SECTION 3. Section 419.063, Government Code, is amended by adding Subsection (d) to read as follows: (d) The commission may not approve an application if the applicant provides fire suppression services and the applicant does not routinely and consistently report incidents to the Texas Fire Incident Reporting System. The applicant shall furnish sufficient proof of the required reporting to the commission at the time the application for a scholarship, grant, loan or other financial assistance is submitted. SECTION 4. This Act takes effect 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. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
COMMITTEE AMENDMENT NO. 1
Amend H.B. No. 1956 as follows: On page 2, line 17, between "System" and "." insert, "and participate in the National Incident Management System in accordance with the Federal Emergency Management Agency timeline". Wong