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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties, functions, and operations of the Texas |
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Commission on Fire Protection. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 419.0082(a), Government Code, is amended |
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to read as follows: |
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(a) In adopting or amending a rule under Section 419.008(a) |
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or any other law, the commission may [shall] seek the input of the |
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fire fighter advisory committee and may request[, when appropriate,
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the funds allocation advisory committee. The commission shall
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permit] the [appropriate] advisory committee to review and comment |
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on any proposed rule, including a proposed amendment to a rule, |
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before the rule is adopted. |
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SECTION 2. Section 419.023(e), Government Code, is amended |
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to read as follows: |
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(e) On request by the commission, the [The] committee |
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[periodically] shall review commission rules relating to fire |
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protection personnel, fire departments, and other fire fighters and |
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fire fighting organizations that are subject to regulation under |
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this subchapter and recommend changes in the rules to the |
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commission. |
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SECTION 3. Subchapter Z, Chapter 419, Government Code, is |
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amended by adding Section 419.908 to read as follows: |
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Sec. 419.908. COOPERATION WITH FEDERAL AND STATE ENTITIES |
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IN A DISASTER. In a declared state of disaster under Section |
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418.014, the commission shall coordinate with appropriate state and |
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federal agencies, including the governor's office of homeland |
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security and the Federal Emergency Management Agency. |
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SECTION 4. (a) Sections 419.0082(b), (c), and (d), |
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Government Code, are repealed. |
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(b) Subchapter C, Chapter 419, Government Code, is |
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repealed. |
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SECTION 5. (a) As soon as practicable after the effective |
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date of this Act, the Texas Commission on Fire Protection and the |
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Texas Forest Service shall develop and enter into a memorandum of |
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understanding regarding the transfer described in this section. |
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(b) In accordance with the transition plan developed by the |
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Texas Commission on Fire Protection and the Texas Forest Service |
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under Subsection (a) of this section, on January 1, 2010: |
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(1) the fire department emergency program under |
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Subchapter C, Chapter 419, Government Code, is abolished; |
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(2) all money, loans and other contracts, leases, |
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property, and obligations of the Texas Commission on Fire |
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Protection related to the fire department emergency program are |
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transferred to the Texas Forest Service; and |
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(3) the unexpended and unobligated balance of any |
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money appropriated by the legislature for the Texas Commission on |
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Fire Protection related to the fire department emergency program is |
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transferred to the Texas Forest Service. |
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(c) Before January 1, 2010, the Texas Commission on Fire |
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Protection may agree with the Texas Forest Service to transfer any |
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property of the fire department emergency program to implement the |
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transfer required by this Act. |
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(d) The Texas Forest Service shall separately account for |
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money transferred under this section, including money received as |
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repayment for a loan transferred under this section. The Texas |
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Forest Service may adopt rules to award this money to any applicants |
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that would have been eligible for grants or loans from the fire |
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department emergency program as it existed immediately before |
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January 1, 2010. |
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(e) The Texas Forest Service shall administer any |
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outstanding loans transferred under this section. |
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SECTION 6. Section 419.0082, Government Code, as amended by |
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this Act, applies to a rule adopted on or after the effective date |
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of this Act. A rule adopted before the effective date of this Act is |
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governed by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) The repeal of Subchapter C, Chapter 419, Government |
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Code, by this Act takes effect January 1, 2010. |