S.B. No. 879
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, 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.
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
amending Subsection (c) and adding Subsection (d) to read as
(c) The commission may not use money appropriated for
scholarships, grants, loans, and other financial assistance to be
awarded under this subchapter for the administrative expenses [ of
the commission or] of the funds allocation advisory committee.
(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 and participate in the National Incident
Management System in accordance with the Federal Emergency
Management Agency timeline. 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
President of the Senate Speaker of the House
I hereby certify that S.B. No. 879 passed the Senate on
April 19, 2005, by the following vote: Yeas 28, Nays 1; and that
the Senate concurred in House amendment on May 11, 2005, by the
following vote: Yeas 30, Nays 1.
Secretary of the Senate
I hereby certify that S.B. No. 879 passed the House, with
amendment, on May 9, 2005, by the following vote: Yeas 140,
Nays 0, one present not voting.
Chief Clerk of the House