2005S0390-1  02/28/05


By:  Gallegos                                                     S.B. No. 879


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.