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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) An employee of a municipality that has adopted |
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Chapter 143, Local Government Code, may not perform a duty that is |
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classified as a wildland firefighting duty, including conducting a |
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prescribed burn, unless that person is a permanent, full-time fire |
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department civil service employee regularly assigned to perform one |
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or more duties listed under Section 419.021(3)(C), regardless of |
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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 firefighting |
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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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(c) This section may not be construed to prohibit a person |
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certified as fire protection personnel by the commission from |
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performing a wildland firefighting duty, including conducting a |
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prescribed burn, under the supervision of a fire department in the |
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area in which the fire department is authorized to act. |
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(d |
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) 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 2. The Texas Commission on Fire Protection shall |
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adopt the rules required under Section 419.0323, Government Code, |
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as added by this Act, not later than January 1, 2016. |
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SECTION 3. 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, 2015. |