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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of firefighters and fire departments by |
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the Texas 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. Subchapter B, Chapter 419, Government Code, is |
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amended by adding Section 419.0323 to read as follows: |
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Sec. 419.0323. RESTRICTIONS ON CERTAIN CERTIFICATE |
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HOLDERS. (a) A person who is a municipal employee may not perform a |
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duty that is classified as a wildland fire-fighting duty, including |
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conducting a prescribed burn, unless the person is a permanent, |
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full-time fire department employee regularly assigned to perform |
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one or more duties listed under Section 419.021(3)(C), regardless |
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of whether the person holds a certificate issued by the commission |
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under this chapter. |
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(b) This section does not prohibit a municipal employee from |
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performing a duty that may be classified as a wildland |
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fire-fighting duty if the municipal employee: |
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(1) is not acting as an employee of a municipality when |
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performing the duty; and |
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(2) is acting as a member of a volunteer fire |
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department when performing the duty. |
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SECTION 2. Section 419.909, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The commission shall adopt and implement rules relating |
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to the application of this section to a fire department. |
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SECTION 3. The Texas Commission on Fire Protection shall |
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adopt the rules required under Section 419.909, Government Code, as |
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amended by this Act, not later than January 1, 2014. |
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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, 2013. |