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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the Texas Commission on Fire |
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Protection and the disposition of certain fees collected by the |
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commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 419.004(a), Government Code, is amended |
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to read as follows: |
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(a) The commission is composed of the following 13 members: |
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(1) two members to be selected from a list of five |
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names submitted by the Texas Fire Chiefs Association who are chief |
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officers with a minimum rank that is equivalent to the position |
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immediately below that of the fire chief and who are employed in |
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fire departments as defined by Section 419.021 that are under the |
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jurisdiction of the commission, at least one of whom must be the |
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head of a fire department and one of whom must be employed by a |
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political subdivision with a population of less than 150,000 |
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[100,000]; |
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(2) two members to be selected from a list of five |
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names submitted by the Texas State Association of Fire Fighters who |
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are fire protection personnel as defined by Section 419.021 with |
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the rank of battalion chief or below and who are employed in fire |
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departments or other appropriate local authorities under the |
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jurisdiction of the commission, one of whom must be employed by a |
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political subdivision with a population of less than 150,000 |
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[100,000]; |
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(3) two members to be selected from a list of five |
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names submitted by the State Firemen's and Fire Marshals' |
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Association of Texas who are volunteer fire chiefs or volunteer |
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fire fighters; |
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(4) one certified fire protection engineer; |
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(5) one certified arson investigator or certified fire |
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protection inspector; |
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(6) one fire protection instructor from an institution |
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of higher education as defined by Section 61.003, Education Code; |
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and |
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(7) four public members. |
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SECTION 2. Section 419.026(d), Government Code, is amended |
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to read as follows: |
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(d) The commission shall send the fees authorized by |
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Subsection (a) and Section 419.033(b) to the comptroller. The |
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comptroller [, who] shall deposit a portion [50 percent] of the fees |
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collected [annually] into [the general revenue fund and 50 percent
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of the fees collected annually into] a special account in the |
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general revenue fund dedicated for use by the commission. In any |
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state fiscal biennium, the comptroller may not deposit into the |
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account fees in an amount that exceeds the amount appropriated to |
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the commission for that biennium, less any other amount |
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appropriated to the commission from a source other than the fees. |
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The account is exempt from the application of Section 403.095. The |
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comptroller shall deposit the remainder of the fees in the general |
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revenue fund. [Except as otherwise provided by this chapter, 50
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percent of the special fund created under this subsection may be
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used only to defray the commission's costs in performing
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inspections under Section 419.027 and the other 50 percent may be
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used only to provide training assistance under Section 419.031.] |
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SECTION 3. The dedication of certain fees to a special |
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account in the general revenue fund dedicated for use by the Texas |
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Commission on Fire Protection under Section 419.026(d), Government |
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Code, was abolished effective August 31, 1995, under former Section |
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403.094(h), Government Code, as enacted by Section 11.04, Chapter 4 |
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(S.B. 3), Acts of the 72nd Legislature, 1st Called Session, 1991. |
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Those fees are rededicated to that fund by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |