84R21139 CJC-F
 
  By: Alonzo H.B. No. 2870
 
  Substitute the following for H.B. No. 2870:
 
  By:  Elkins C.S.H.B. No. 2870
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of firefighters and fire departments by
  the Texas Commission on Fire Protection.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 419, Government Code, is
  amended by adding Section 419.0323 to read as follows:
         Sec. 419.0323.  RESTRICTIONS ON CERTAIN CERTIFICATE
  HOLDERS. (a)  An employee of a municipality that has adopted
  Chapter 143, Local Government Code, may not perform a duty that is
  classified as a wildland firefighting duty, including conducting a
  prescribed burn, unless that person is a permanent, full-time fire
  department civil service employee regularly assigned to perform one
  or more duties listed under Section 419.021(3)(C), regardless of
  whether the person holds a certificate issued by the commission
  under this chapter.
         (b)  This section does not prohibit a municipal employee from
  performing a duty that may be classified as a wildland firefighting
  duty if the municipal employee:
               (1)  is not acting as an employee of a municipality when
  performing the duty; and
               (2)  is acting as a member of a volunteer fire
  department when performing the duty.
         (c)  The commission shall adopt and implement rules relating
  to the application of this section to a fire department.
         SECTION 2.  The Texas Commission on Fire Protection shall
  adopt the rules required under Section 419.0323, Government Code,
  as added by this Act, not later than January 1, 2016.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.