By: Hall, et al. S.B. No. 709
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Commission
  on Fire Protection.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 419.003, Government Code, is amended to
  read as follows:
         Sec. 419.003.  SUNSET PROVISION. The Texas Commission on
  Fire Protection is subject to Chapter 325 (Texas Sunset Act).
  Unless continued in existence as provided by that chapter, the
  commission is abolished [and this chapter expires] September 1,
  2033 [2021].
         SECTION 2.  Section 419.004(d), Government Code, is amended
  to read as follows:
         (d)  Appointments to the commission shall be made without
  regard to the race, color, disability [handicap], sex, religion,
  age, or national origin of the appointees.
         SECTION 3.  Section 419.0071, Government Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing [legislation that created the]
  commission operations;
               (2)  the programs, functions, rules, and budget of the
  commission;
               (3)  the scope of and limitations on the rulemaking
  authority of the commission;
               (4)  the results of the most recent formal audit of the
  commission;
               (5) [(4)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of a state
  policy-making body in performing their duties; and
               (6) [(5)]  any applicable ethics policies adopted by
  the commission or the Texas Ethics Commission.
         (d)  The executive director of the commission shall create a
  training manual that includes the information required by
  Subsection (b). The executive director shall distribute a copy of
  the training manual annually to each member of the commission. Each
  member of the commission shall sign and submit to the executive
  director a statement acknowledging that the member received and has
  reviewed the training manual.
         SECTION 4.  Section 419.008(f), Government Code, is amended
  to read as follows:
         (f)  The commission may appoint advisory committees to
  assist it in the performance of its duties. A member of an advisory
  committee appointed by the commission or otherwise appointed under
  this chapter may not receive compensation for service on the
  advisory committee. A member appointed under this chapter is
  entitled to receive reimbursement, subject to any applicable
  limitation on reimbursement provided by the General Appropriations
  Act, for actual and necessary expenses incurred in performing
  services as a member of the advisory committee. Members appointed
  under this chapter shall serve six-year staggered terms but may not
  be appointed to consecutive terms.
         SECTION 5.  Section 419.011(c), Government Code, is amended
  to read as follows:
         (c)  The commission shall periodically notify the complaint
  parties of the status of the complaint until final disposition
  unless the notice would jeopardize an investigation.
         SECTION 6.  Section 419.026(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall set and collect a fee for each
  certificate that the commission issues or renews under this
  subchapter, except that if a person holds more than one certificate
  the commission may collect only one fee [each year] for the renewal
  of those certificates. The commission by rule shall set the amount
  of the fee under this subsection in an amount designed to recover
  the commission's costs in connection with issuing certificates
  under this subchapter, including the cost to the commission of
  obtaining fingerprint-based criminal history record information
  under Section 419.0325. The employing agency or entity shall pay
  the fee in the manner prescribed by commission rule. A certificate
  issued under this subchapter is valid for one or two years as
  determined by commission rule [The certificate must be renewed
  annually].
         SECTION 7.  Subchapter B, Chapter 419, Government Code, is
  amended by adding Section 419.0265 to read as follows:
         Sec. 419.0265.  RECIPROCITY. (a) The commission may waive
  any prerequisite to obtaining a certificate under this subchapter
  for an applicant who holds a license or certificate issued by
  another jurisdiction:
               (1)  that has licensing or certification requirements
  substantially equivalent to those of this state; or
               (2)  with which this state has a reciprocity agreement.
         (b)  The commission may make an agreement with another state
  to allow for certification by reciprocity.
         SECTION 8.  Section 419.032(c), Government Code, is amended
  to read as follows:
         (c)  Fire protection personnel who receive temporary or
  probationary appointment and who fail to satisfactorily complete a
  basic course in fire protection, as prescribed by the commission,
  before one year after the date of the original appointment forfeit,
  and shall be removed from, the position. A temporary or
  probationary appointment may not be extended beyond one year by
  renewal of appointment or otherwise, except that on petition of a
  fire department one year or more after the date of the forfeiture
  and removal, the commission may reinstate the person's temporary or
  probationary employment. Fire protection personnel must complete a
  commission-approved training course in fire suppression before
  being assigned full-time to fire suppression duties. The
  commission may, on application by a fire department [and after
  receiving the comments and advice of the fire fighter advisory
  committee], extend from one year to a period not to exceed two years
  the time allowed for fire protection personnel receiving a
  temporary or probationary appointment to successfully complete a
  basic course in fire protection.
         SECTION 9.  Sections 419.008(e), 419.0082, and 419.023,
  Government Code, are repealed.
         SECTION 10.  (a) Except as provided by Subsection (b) of
  this section, Section 419.0071, Government Code, as amended by this
  Act, applies to a member of the Texas Commission on Fire Protection
  appointed before, on, or after the effective date of this Act.
         (b)  A member of the Texas Commission on Fire Protection who,
  before the effective date of this Act, completed the training
  program required by Section 419.0071, Government Code, as the
  applicable law existed before the effective date of this Act, is
  required to complete additional training only on the subjects added
  by this Act to the training program required by Section 419.0071,
  Government Code. A member described by this subsection may not
  vote, deliberate, or be counted as a member in attendance at a
  meeting of the commission held on or after December 1, 2021, until
  the member completes the additional training.
         SECTION 11.  This Act takes effect September 1, 2021.