| |
| |
|
|
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) This section may not be construed to prohibit a person |
|
|
certified as fire protection personnel by the commission from |
|
|
performing a wildland firefighting duty, including conducting a |
|
|
prescribed burn, under the supervision of a fire department in the |
|
|
area in which the fire department is authorized to act. |
|
|
(d) 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, 2018. |
|
|
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, 2017. |