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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Commission |
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on Fire Protection. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 419.003, Government Code, is amended to |
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read as follows: |
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Sec. 419.003. SUNSET PROVISION. The Texas Commission on |
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Fire Protection is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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commission is abolished and this chapter expires September 1, 2033 |
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[2021]. |
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SECTION 2. Section 419.004(d), Government Code, is amended |
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to read as follows: |
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(d) Appointments to the commission shall be made without |
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regard to the race, color, disability [handicap], sex, religion, |
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age, or national origin of the appointees. |
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SECTION 3. Section 419.0071, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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commission operations; |
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(2) the programs, functions, rules, and budget of the |
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commission; |
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(3) the scope of and limitations on the rulemaking |
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authority of the commission; |
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(4) the results of the most recent formal audit of the |
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commission; |
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(5) [(4)] the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest; and |
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(B) other laws applicable to members of a state |
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policy-making body in performing their duties; and |
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(6) [(5)] any applicable ethics policies adopted by |
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the commission or the Texas Ethics Commission. |
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(d) The executive director of the commission shall create a |
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training manual that includes the information required by |
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Subsection (b). The executive director shall distribute a copy of |
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the training manual annually to each member of the commission. Each |
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member of the commission shall sign and submit to the executive |
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director a statement acknowledging that the member received and has |
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reviewed the training manual. |
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SECTION 4. Section 419.008(f), Government Code, is amended |
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to read as follows: |
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(f) The commission may appoint advisory committees to |
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assist it in the performance of its duties. A member of an advisory |
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committee appointed by the commission or otherwise appointed under |
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this chapter may not receive compensation for service on the |
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advisory committee. A member appointed under this chapter is |
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entitled to receive reimbursement, subject to any applicable |
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limitation on reimbursement provided by the General Appropriations |
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Act, for actual and necessary expenses incurred in performing |
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services as a member of the advisory committee. Members appointed |
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under this chapter shall serve six-year staggered terms but may not |
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be appointed to consecutive terms. |
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SECTION 5. Section 419.0082, Government Code, is amended to |
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read as follows: |
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Sec. 419.0082. TIMING OF RULE AMENDMENT OR ADOPTION |
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[RULEMAKING]. (a) [In adopting or amending a rule under Section |
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419.008(a) or any other law, the commission shall seek the input of |
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the fire fighter advisory committee. The commission shall permit |
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the advisory committee to review and comment on any proposed rule, |
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including a proposed amendment to a rule, before the rule is |
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adopted. The recommendations of the advisory committee are subject |
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to modification or rejection by the commission, in the commission's |
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sole discretion, without the resubmission of the matter to the |
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advisory committee. |
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[(b)] The commission may not adopt or amend a rule under |
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Section 419.008(a) or any other law[, including an amendment to a |
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rule,] before the commission meeting held after the commission |
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meeting at which the rule is first proposed. |
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(b) [(c)] This section does not apply to an emergency rule |
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adopted under Section 2001.034. |
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[(d) Notwithstanding other provisions of this section, the |
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commission may, without review by an advisory committee, make |
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nonsubstantive clerical changes to a rule.] |
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SECTION 6. Section 419.011(c), Government Code, is amended |
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to read as follows: |
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(c) The commission shall periodically notify the complaint |
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parties of the status of the complaint until final disposition |
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unless the notice would jeopardize an investigation. |
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SECTION 7. Section 419.026(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall set and collect a fee for each |
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certificate that the commission issues or renews under this |
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subchapter, except that if a person holds more than one certificate |
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the commission may collect only one fee [each year] for the renewal |
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of those certificates. The commission by rule shall set the amount |
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of the fee under this subsection in an amount designed to recover |
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the commission's costs in connection with issuing certificates |
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under this subchapter, including the cost to the commission of |
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obtaining fingerprint-based criminal history record information |
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under Section 419.0325. The employing agency or entity shall pay |
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the fee in the manner prescribed by commission rule. A certificate |
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issued under this subchapter is valid for one or two years as |
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determined by commission rule [The certificate must be renewed |
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annually]. |
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SECTION 8. Subchapter B, Chapter 419, Government Code, is |
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amended by adding Section 419.0265 to read as follows: |
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Sec. 419.0265. RECIPROCITY. (a) The commission may waive |
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any prerequisite to obtaining a certificate under this subchapter |
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for an applicant who holds a license or certificate issued by |
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another jurisdiction: |
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(1) that has licensing or certification requirements |
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substantially equivalent to those of this state; or |
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(2) with which this state has a reciprocity agreement. |
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(b) The commission may make an agreement with another state |
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to allow for certification by reciprocity. |
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SECTION 9. Section 419.032(c), Government Code, is amended |
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to read as follows: |
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(c) Fire protection personnel who receive temporary or |
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probationary appointment and who fail to satisfactorily complete a |
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basic course in fire protection, as prescribed by the commission, |
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before one year after the date of the original appointment forfeit, |
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and shall be removed from, the position. A temporary or |
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probationary appointment may not be extended beyond one year by |
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renewal of appointment or otherwise, except that on petition of a |
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fire department one year or more after the date of the forfeiture |
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and removal, the commission may reinstate the person's temporary or |
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probationary employment. Fire protection personnel must complete a |
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commission-approved training course in fire suppression before |
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being assigned full-time to fire suppression duties. The |
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commission may, on application by a fire department [and after |
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receiving the comments and advice of the fire fighter advisory |
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committee], extend from one year to a period not to exceed two years |
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the time allowed for fire protection personnel receiving a |
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temporary or probationary appointment to successfully complete a |
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basic course in fire protection. |
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SECTION 10. Sections 419.008(e) and 419.023, Government |
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Code, are repealed. |
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SECTION 11. (a) Except as provided by Subsection (b) of |
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this section, Section 419.0071, Government Code, as amended by this |
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Act, applies to a member of the Texas Commission on Fire Protection |
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appointed before, on, or after the effective date of this Act. |
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(b) A member of the Texas Commission on Fire Protection who, |
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before the effective date of this Act, completed the training |
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program required by Section 419.0071, Government Code, as the |
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applicable law existed before the effective date of this Act, is |
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required to complete additional training only on the subjects added |
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by this Act to the training program required by Section 419.0071, |
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Government Code. A member described by this subsection may not |
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vote, deliberate, or be counted as a member in attendance at a |
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meeting of the commission held on or after December 1, 2021, until |
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the member completes the additional training. |
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SECTION 12. This Act takes effect September 1, 2021. |