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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 fighting a |
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wildfire event that began as a prescribed burn, unless that person |
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is: |
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(1) a permanent, full-time fire department civil |
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service employee regularly assigned to perform one or more duties |
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listed under Section 419.021(3)(C); or |
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(2) certified by the commission to conduct fire |
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suppression in a wildland or wildland-urban interface setting and |
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is performing the wildland firefighting duty under the supervision |
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of a fire department that is authorized to act in the area in which |
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the wildland firefighting duty is being performed. |
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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 |
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municipal employee from performing a prescribed burn in accordance |
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with Chapter 153, Natural Resources Code, if: |
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(1) the prescribed burn is monitored by one or more |
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permanent, full-time fire department civil service employees |
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regularly assigned to perform one or more duties listed under |
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Section 419.021(3)(C); and |
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(2) a fire department employee described by |
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Subdivision (1): |
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(A) reviews the burn plan for the prescribed burn |
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and collaborates with the prescribed burn manager to ensure the |
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prescribed burn is conducted safely and within the burn plan |
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limits; and |
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(B) has the authority to stop any action relating |
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to the prescribed burn determined by the fire department employee |
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to be unsafe and to take corrective action, including by: |
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(i) stopping an unsafe firefighting |
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practice; |
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(ii) terminating the prescribed burn to |
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avoid extreme fire behavior; and |
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(iii) assuming incident command and |
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converting to emergency firefighting operations if such action is |
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determined necessary by the fire department employee. |
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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 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, 2018. |
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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, 2017. |