81R4828 JSC-D
 
  By: Harper-Brown H.B. No. 3390
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Commission
  on Fire Protection.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 419.003, Government Code, is amended to
  read as follows:
         Sec. 419.003.  SUNSET PROVISION.  The Texas Commission on
  Fire Protection is subject to Chapter 325 (Texas Sunset Act).
  Unless continued in existence as provided by that chapter, the
  commission is abolished and this chapter expires September 1, 2021
  [2009].
         SECTION 2.  Section 419.004(e), Government Code, is amended
  to read as follows:
         (e)  A person may not be [is not eligible for appointment as]
  a public member of the commission if the person or the person's
  spouse:
               (1)  is registered, certified, or licensed by a
  regulatory agency in the field of fire protection [the commission];
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by [the
  commission] or receiving money [funds] from the commission;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by [the commission] or receiving money
  [funds] from the commission;
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money [funds] from the commission, other than
  compensation or reimbursement authorized by law for commission
  membership, attendance, or expenses; or
               (5)  is employed in the field of [a member of a paid or
  volunteer] fire protection [department].
         SECTION 3.  Sections 419.005(a) and (c), Government Code,
  are amended to read as follows:
         (a)  It is a ground for removal from the commission that [if]
  a member:
               (1)  does not have at the time of taking office
  [appointment] the qualifications required by Section 419.004;
               (2)  does not maintain during service on the commission
  the qualifications required by Section 419.004;
               (3)  is ineligible for membership under [violates a
  prohibition established by] Section 419.006;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term [for which the member is appointed because of illness or
  disability]; or
               (5)  is absent from more than half of the regularly
  scheduled commission meetings that the member is eligible to attend
  during a calendar year without an excuse approved [unless the
  absence is excused] by majority vote of the commission.
         (c)  If the executive director has knowledge that a potential
  ground for removal exists, the executive director shall notify the
  presiding officer of the commission of the potential ground. The
  presiding officer shall then notify the governor and the attorney
  general that a potential ground for removal exists. If the
  potential ground for removal involves the presiding officer, the
  executive director shall notify the next highest ranking officer of
  the commission, who shall then notify the governor and the attorney
  general that a potential ground for removal exists.
         SECTION 4.  Section 419.006, Government Code, is amended to
  read as follows:
         Sec. 419.006.  CONFLICT OF INTEREST.  (a) In [An officer,
  employee, or paid consultant of a Texas trade association in the
  field of fire protection may not be a member of the commission or an
  employee of the commission who is exempt from the state's position
  classification plan or is compensated at or above the amount
  prescribed by the General Appropriations Act for step 1, salary
  group 17, of the position classification salary schedule.
         [(b)     A person who is the spouse of an officer, manager, or
  paid consultant of a Texas trade association in the field of fire
  protection may not be a commission member and may not be a
  commission employee who is exempt from the state's position
  classification plan or is compensated at or above the amount
  prescribed by the General Appropriations Act for step 1, salary
  group 17, of the position classification salary schedule.
         [(c)  For the purposes of] this section, "Texas trade
  association" means [a Texas trade association is] a [nonprofit,]
  cooperative[,] and voluntarily joined statewide association of
  business or professional competitors in this state designed to
  assist its members and its industry or profession in dealing with
  mutual business or professional problems and in promoting their
  common interest.
         (b)  A person may not be a member of the commission and may
  not be a commission employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.), if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of fire
  protection; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of fire
  protection.
         (c) [(d)]  A person may not be [serve as] a member of the
  commission or act as the general counsel to the commission or the
  agency if the person is required to register as a lobbyist under
  Chapter 305 because of the person's activities for compensation on
  behalf of a profession related to the operation of the commission.
         SECTION 5.  Section 419.007(a), Government Code, is amended
  to read as follows:
         (a)  The governor shall designate a member of the commission
  [fire protection instructor appointed under Section 419.004(a)(6)
  serves] as the presiding officer of the commission to serve in that
  capacity at the pleasure of [unless] the governor [designates
  another member as presiding officer]. The commission shall elect
  from among its members an assistant presiding officer and a
  secretary.
         SECTION 6.  Section 419.0071, Government Code, is amended to
  read as follows:
         Sec. 419.0071.  COMMISSION MEMBER TRAINING.  (a) A [To be
  eligible to take office as a member of the commission, a] person who
  is appointed to and qualifies for office as a member of the
  commission may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the commission until the person
  completes [must complete at least one course of] a training program
  that complies with this section.
         (b)  The training program must provide [information to] the
  person with information regarding:
               (1)  the [enabling] legislation that created the
  commission;
               (2)  the programs, [operated by the commission;
               [(3)  the role and] functions, [of the commission;
               [(4)  the] rules, and [of the commission with an
  emphasis on the rules that relate to disciplinary and investigatory
  authority;
               [(5)  the current] budget of [for] the commission;
               (3) [(6)]  the results of the most recent formal audit
  of the commission;
               (4) [(7)]  the requirements of laws relating to [the:
                     [(A)]  open meetings [law], public information
  [Chapter 551;
                     [(B)  open records law, Chapter 552; and
                     [(C)  administrative procedure law], and [Chapter
  2001;
               [(8)  the requirements of the conflict] conflicts of
  interest [interests laws and other laws relating to public
  officials]; and
               (5) [(9)]  any applicable ethics policies adopted by
  the commission [agency] or the Texas Ethics Commission.
         (c)  A person appointed to the commission is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after [, as provided by the General Appropriations Act and as if]
  the person qualifies for office [were a member of the commission].
         SECTION 7.  Section 419.008(c), Government Code, is amended
  to read as follows:
         (c)  The commission shall perform duties assigned by law to
  the Commission on Fire Protection Personnel Standards and Education
  [or to the Fire Department Emergency Board].
         SECTION 8.  Section 419.0082(a), Government Code, is amended
  to read as follows:
         (a)  In adopting or amending a rule under Section 419.008(a)
  or any other law, the commission may [shall] seek the input of the
  fire fighter advisory committee and may request[, when appropriate,
  the funds allocation advisory committee. The commission shall
  permit] the [appropriate] advisory committee to review and comment
  on any proposed rule, including a proposed amendment to a rule,
  before the rule is adopted.
         SECTION 9.  Subchapter A, Chapter 419, Government Code, is
  amended by adding Section 419.0083 to read as follows:
         Sec. 419.0083.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION. (a) The commission shall develop and implement a
  policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of commission rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal and external disputes under the commission's
  jurisdiction.
         (b)  The commission's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the commission.
         SECTION 10.  Section 419.009(c), Government Code, is amended
  to read as follows:
         (c)  The commission shall develop and implement policies
  that clearly separate the policy-making [define the respective]
  responsibilities of the commission and the management
  responsibilities of the executive director and the staff of the
  commission.
         SECTION 11.  Section 419.011, Government Code, is amended to
  read as follows:
         Sec. 419.011.  [PUBLIC INTEREST INFORMATION AND]
  COMPLAINTS.  (a)  The commission shall maintain a system to
  promptly and efficiently act on complaints filed with the
  commission. The commission shall maintain information about
  parties to the complaint, the subject matter of the complaint, a
  summary of the results of the review or investigation of the
  complaint, and its disposition.
         (b)  The commission shall make [prepare] information
  available [of public interest] describing its [the functions of the
  commission and the commission's] procedures for complaint
  investigation and resolution [by which complaints are filed with
  and resolved by the commission.   The commission shall make the
  information available to the public and appropriate state agencies.
         [(b)     The commission shall keep a file about each written
  complaint filed with the commission that the commission has
  authority to resolve. The commission shall provide to the person
  filing the complaint and the persons or entities complained about
  the commission's policies and procedures pertaining to complaint
  investigation and resolution].
         (c)  The commission[, at least quarterly and until final
  disposition of the complaint,] shall periodically notify the
  [person filing the] complaint parties [and the persons or entities
  complained about] of the status of the complaint until final
  disposition [unless the notice would jeopardize an undercover
  investigation.
         [(c)     The commission shall keep information about each
  complaint filed with the commission. The information shall
  include:
               [(1)  the date the complaint is received;
               [(2)  the name of the complainant;
               [(3)  the subject matter of the complaint;
               [(4)     a record of all persons contacted in relation to
  the complaint;
               [(5)     a summary of the results of the review or
  investigation of the complaint; and
               [(6)     for complaints for which the agency took no
  action, an explanation of the reason the complaint was closed
  without action.
         [(d)     The commission shall comply with federal and state laws
  related to program and facility accessibility. The executive
  director shall also prepare and maintain a written plan that
  describes how a person who does not speak English can be provided
  reasonable access to the commission's programs].
         SECTION 12.  Subchapter A, Chapter 419, Government Code, is
  amended by adding Section 419.012 to read as follows:
         Sec. 419.012.  TECHNOLOGICAL SOLUTIONS. The commission
  shall implement a policy requiring the commission to use
  appropriate technological solutions to improve the commission's
  ability to perform its functions. The policy must ensure that the
  public is able to interact with the commission on the Internet.
         SECTION 13.  Section 419.023(e), Government Code, is amended
  to read as follows:
         (e)  On request by the commission, the [The] committee
  [periodically] shall review commission rules relating to fire
  protection personnel, fire departments, and other fire fighters and
  fire fighting organizations that are subject to regulation under
  this subchapter and recommend changes in the rules to the
  commission.
         SECTION 14.  Section 419.026(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall set and collect a fee [of not more
  than $35] for each certificate that the commission issues or renews
  under this subchapter, except that if a person holds more than one
  certificate the commission may collect only one fee each year for
  the renewal of those certificates. The commission by rule shall set
  the amount of the fee under this subsection in an amount designed to
  recover the commission's costs in connection with issuing
  certificates under this subchapter, including the cost to the
  commission of obtaining fingerprint-based criminal history record
  information under Section 419.0325. The employing agency or entity
  shall pay the [this] fee in the manner prescribed [as provided] by
  commission rule. The certificate must be renewed annually.
         SECTION 15.  Section 419.027, Government Code, is amended to
  read as follows:
         Sec. 419.027.  BIENNIAL INSPECTIONS. (a) At least
  biennially, the commission shall visit and inspect each institution
  or facility conducting courses for training fire protection
  personnel and recruits, each fire department, and each local
  governmental agency providing fire protection to determine if the
  department, agency, institution, or facility is complying with this
  chapter and commission rules.
         (b)  The commission may conduct risk-based inspections of
  institutions and facilities in addition to the inspections under
  Subsection (a). In determining whether to conduct an inspection of
  an institution or facility under this subsection, the commission
  shall consider:
               (1)  how recently the institution or facility has come
  under regulation;
               (2)  the institution's or facility's history of
  compliance with state law and commission rules;
               (3)  the number of complaints filed with the commission
  regarding the institution or facility during the last year;
               (4)  the number of paid personnel in the institution or
  facility;
               (5)  the frequency of fire responses;
               (6)  the institution's or facility's ability to inspect
  and maintain equipment; and
               (7)  any other factor the commission considers
  appropriate to assess an institution's or facility's safety risk.
         SECTION 16.  Sections 419.032(a) and (d), Government Code,
  are amended to read as follows:
         (a)  A fire department may not appoint a person to the fire
  department, except on a temporary or probationary basis, unless:
               (1)  the person:
                     (A) [(1)]  has satisfactorily completed a
  preparatory program of training in fire protection at a school
  approved by the commission; and
                     (B) [(2)]  meets the qualifications established
  by the commission under Subsection (b); and
               (2)  the commission has approved the person's
  fingerprint-based criminal history record information under
  Section 419.0325.
         (d)  The commission may certify persons who are qualified
  under this subchapter to be fire protection personnel. The
  commission shall adopt rules relating to presentation of evidence
  of satisfactory completion of a program or course of instruction in
  another jurisdiction equivalent in content and quality to that
  required by the commission for approved fire protection education
  and training programs in this state and shall issue to a person
  meeting the rules and the requirements of Section 419.0325 a
  certificate evidencing satisfaction of Subsections (a) and (b). The
  commission may waive any certification requirement, except those
  under Section 419.0325, for an applicant with a valid license from
  another state having certification requirements substantially
  equivalent to those of this state.
         SECTION 17.   Subchapter B, Chapter 419, Government Code, is
  amended by adding Section 419.0325 to read as follows:
         Sec. 419.0325.  CRIMINAL HISTORY RECORD INFORMATION
  APPROVAL REQUIRED FOR CERTIFICATION. (a)  The commission may not
  certify a person as fire protection personnel unless the
  commission, after review, has approved fingerprint-based criminal
  history record information about the person obtained from the
  Department of Public Safety under Subchapter F, Chapter 411, and
  from the Federal Bureau of Investigation under Section 411.087.
         (b)  The applicant for certification or the fire department
  may submit the required fingerprint-based state and national
  criminal history record information to the commission. If neither
  the applicant nor the fire department submits the required criminal
  history record information to the commission, the commission shall
  obtain the required criminal history record information pursuant to
  Sections 411.087 and 411.1236.
         (c)  The commission by rule shall establish criteria for
  denying a person certification to be fire protection personnel
  based on the person's criminal history record information.  The
  criteria must relate to a person's fitness to serve as fire
  protection personnel.
         (d)  Criminal history record information received by the
  commission is privileged and confidential and for commission use
  only.
         SECTION 18.  Sections 419.034(a), (b), and (c), Government
  Code, are amended to read as follows:
         (a)  A fire department or other employing entity may renew an
  unexpired certification by, [paying to the commission] before the
  expiration date of the certificate:
               (1)  submitting evidence satisfactory to the
  commission of completion of any required professional education;
  and
               (2)  paying to the commission the required renewal fee.
         (b)  If a person's certificate has been expired for 30 days
  or less, the fire department or other employing entity may renew the
  certificate by:
               (1)  submitting evidence satisfactory to the
  commission of completion of any required professional education;
  and
               (2)  paying to the commission the required renewal fee
  and a fee that is one-half of the certification fee for the
  certificate.
         (c)  If a person's certificate has been expired for longer
  than 30 days but less than one year, the fire department or other
  employing entity may renew the certificate by:
               (1)  submitting evidence satisfactory to the
  commission of completion of any required professional education;
  and
               (2)  paying to the commission all unpaid renewal fees
  and a fee that is equal to the certification fee.
         SECTION 19.  Section 419.036, Government Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  A complaint case opened by the commission based on a
  violation found during an inspection conducted under Section
  419.027 must be opened not later than the 30th day after the date
  the commission provides notice of the violation to the applicable
  department, agency, institution, or facility.
         (d)  The commission by rule shall create a matrix for
  determining penalty amounts and disciplinary actions for fire
  departments, training providers, and certified personnel who
  commit violations of this chapter or a rule adopted under this
  chapter. In developing the matrix, the commission shall consider
  the following factors:
               (1)  compliance history;
               (2)  seriousness of the violation;
               (3)  the safety threat to the public or fire personnel;
               (4)  any mitigating factors; and
               (5)  any other factors the commission considers
  appropriate.
         SECTION 20.  Subchapter B, Chapter 419, Government Code, is
  amended by adding Section 419.0366 to read as follows:
         Sec. 419.0366.  TRACKING AND ANALYSIS OF COMPLAINT AND
  VIOLATION DATA. (a) The commission shall develop and implement a
  method for tracking and categorizing the sources and types of
  complaints filed with the commission and of violations of this
  chapter or a rule adopted under this chapter.
         (b)  The commission shall analyze the complaint and
  violation data maintained under Subsection (a) to identify trends
  and areas that may require additional regulation or enforcement.
         SECTION 21.  Subchapter B, Chapter 419, Government Code, is
  amended by adding Section 419.048 to read as follows:
         Sec. 419.048.  FIRE PROTECTION PERSONNEL INJURY DATA;
  RECOMMENDATIONS TO REDUCE INJURIES. (a) Pursuant to Section
  417.004, the commission and the commissioner of insurance, as
  necessary to allow the agencies to perform their statutory duties,
  shall transfer information between the two agencies, including
  injury information from the Texas Fire Incident Reporting System
  and workers' compensation data showing claims filed by fire
  protection personnel.
         (b)  Personally identifiable information received by the
  commission under this section relating to injured fire protection
  personnel is confidential. The commission may not release, and a
  person may not gain access to, any information that could
  reasonably be expected to reveal the identity of injured fire
  protection personnel.
         (c)  The commission shall evaluate information and data on
  fire protection personnel injuries and develop recommendations for
  reducing fire protection personnel injuries. The commission shall
  forward the recommendations to the state fire marshal not later
  than September 1 of each year for inclusion in the annual report
  required by Section 417.0075.
         (d)  The commission shall establish criteria for evaluating
  fire protection personnel injury information to determine the
  nature of injuries that the commission should investigate. Based
  on these investigations, the commission shall identify fire
  departments in need of assistance in reducing injuries and may
  provide assistance to those fire departments.
         SECTION 22.  Section 419.906, Government Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  The commission may enter a default order if a fire
  department or training provider fails to take action to correct a
  violation found during an inspection conducted under this chapter
  or to request an informal settlement conference before the 61st day
  after the date the commission provides to the department or
  provider notice requiring the department or provider to correct the
  violation.
         (e)  Notwithstanding Section 419.0365, the commission may
  temporarily suspend a person's or regulated entity's certificate on
  a determination by a panel of the commission that continued
  activity by the person or entity would present an immediate threat
  to the public or to fire service trainees. The panel may hold a
  meeting for purposes of this subsection by teleconference call
  pursuant to Section 551.125. A person or regulated entity whose
  certificate is temporarily suspended under this subsection is
  entitled to a hearing before the commission not later than the 14th
  day after the date of the temporary suspension.
         SECTION 23.  Subchapter G, Chapter 614, Government Code, is
  amended by adding Section 614.105 to read as follows:
         Sec. 614.105.  SEPARATE ACCOUNT FOR MONEY FROM TEXAS
  COMMISSION ON FIRE PROTECTION. (a)  The service shall maintain a
  separate account within the volunteer fire department assistance
  fund.
         (b)  The account shall contain money:
               (1)  previously appropriated to the Texas Commission on
  Fire Protection for the administration of the fire department
  emergency program and transferred to the service;
               (2)  received from the repayment of outstanding loans
  transferred to the service from the Texas Commission on Fire
  Protection fire department emergency program; and
               (3)  from any legislative appropriations for the
  purposes of Subsection (c).
         (c)  The money in the account may be used only to award grants
  for scholarships for the education and training of firefighters to
  or for purchasing necessary fire-fighting equipment and facilities
  for:
               (1)  a fire department operated by its members, some of
  whom are volunteers and some of whom are paid; or
               (2)  a volunteer fire department.
         (d)  The service shall administer all outstanding loans
  transferred from the Texas Commission on Fire Protection fire
  department emergency program and deposit money obtained as
  repayment of those loans to the credit of the account created under
  this section.
         SECTION 24.  (a)  Sections 419.0082(b), (c), and (d),
  Government Code, are repealed.
         (b)  Subchapter C, Chapter 419, Government Code, is
  repealed.
         SECTION 25.  (a)  As soon as practicable after the effective
  date of this Act, the governor shall designate a member of the Texas
  Commission on Fire Protection as the presiding officer of the
  commission pursuant to Section 419.007, Government Code, as amended
  by this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the Texas Commission on Fire Protection shall adopt the rules
  required by Section 419.0325, Government Code, as added by this
  Act, and Sections 419.026 and 419.036, Government Code, as amended
  by this Act.
         (c)  Notwithstanding Section 419.048, Government Code, as
  added by this Act, the Texas Commission on Fire Protection is not
  required to submit its annual recommendations to the state fire
  marshal for inclusion in the report required by Section 417.0075,
  Government Code, before September 1, 2010.
         SECTION 26.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Commission on Fire Protection and the
  Texas Forest Service shall develop and enter into a memorandum of
  understanding regarding the transfer described in this section.
         (b)  In accordance with the transition plan developed by the
  Texas Commission on Fire Protection and the Texas Forest Service
  under Subsection (a) of this section, on January 1, 2010:
               (1)  the fire department emergency program under
  Subchapter C, Chapter 419, Government Code, is abolished;
               (2)  all money, loans and other contracts, leases,
  property, and obligations of the Texas Commission on Fire
  Protection related to the fire department emergency program are
  transferred to the Texas Forest Service; and
               (3)  the unexpended and unobligated balance of any
  money appropriated by the legislature for the Texas Commission on
  Fire Protection related to the fire department emergency program is
  transferred to the Texas Forest Service.
         (c)  Before January 1, 2010, the Texas Commission on Fire
  Protection may agree with the Texas Forest Service to transfer any
  property of the fire department emergency program to implement the
  transfer required by this Act.
         SECTION 27.  (a) Sections 419.004, 419.006, and 419.0071(a),
  Government Code, as amended by this Act, apply only to a person who
  is appointed or reappointed as a member of the Texas Commission on
  Fire Protection on or after the effective date of this Act. A
  person appointed or reappointed as a member of the commission
  before the effective date of this Act is governed by the law in
  effect immediately before that date, and the former law is
  continued in effect for that purpose.
         (b)  Section 419.005, Government Code, as amended by this
  Act, applies only to a ground for removal that occurs on or after
  the effective date of this Act. A ground for removal that occurs
  before the effective date of this Act is governed by the law in
  effect immediately before that date, and the former law is
  continued in effect for that purpose.
         (c)  Section 419.0071(b), Government Code, as amended by
  this Act, applies only to a training program attended on or after
  the effective date of this Act. A training program attended before
  the effective date of this Act is governed by the law in effect
  immediately before that date, and the former law is continued in
  effect for that purpose.
         (d)  Section 419.0071(c), Government Code, as amended by
  this Act, applies only to expenses incurred on or after the
  effective date of this Act. Expenses incurred before the effective
  date of this Act are governed by the law in effect immediately
  before that date, and the former law is continued in effect for that
  purpose.
         (e)  Section 419.0082, Government Code, as amended by this
  Act, applies to a rule adopted on or after the effective date of
  this Act. A rule adopted before the effective date of this Act is
  governed by the law in effect immediately before that date, and the
  former law is continued in effect for that purpose.
         (f)  Section 419.026, Government Code, as amended by this
  Act, applies only to a certificate issued or renewed on or after
  January 1, 2010. A certificate issued or renewed before January 1,
  2010, is governed by the law in effect on the date the certificate
  was issued or renewed, and the former law is continued in effect for
  that purpose.
         (g)  Section 419.032, Government Code, as amended by this
  Act, and Section 419.0325, Government Code, as added by this Act,
  apply only to a person who applies for an initial certificate on or
  after January 1, 2010. A person who applies for an initial
  certificate before January 1, 2010, is governed, even in relation
  to the person's renewal of the certificate on or after that date, by
  the law in effect immediately before that date, and the former law
  is continued in effect for that purpose.
         (h)  Section 419.034, Government Code, as amended by this
  Act, applies to a certificate renewed on or after the effective date
  of this Act. A certificate renewed before the effective date of
  this Act is governed by the law in effect immediately before that
  date, and the former law is continued in effect for that purpose.
         (i)  Section 419.906(d), Government Code, as added by this
  Act, applies only to an order pursuant to a violation that occurs on
  or after the effective date of this Act. An order pursuant to a
  violation that occurs before the effective date of this Act is
  governed by the law in effect immediately before that date, and the
  former law is continued in effect for that purpose.
         SECTION 28.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2009.
         (b)  The following changes in law take effect January 1,
  2010:
               (1)  the repeal of Subchapter C, Chapter 419,
  Government Code;
               (2)  the amendment to Section 419.026, Government Code;
  and
               (3)  the amendment to Subchapter G, Chapter 614,
  Government Code.