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�	S.B.�No.�1011

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�	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.��Subdivision (2), Section 419.001, Government
�	Code, is amended to read as follows:
�	�������������(2)��Except as otherwise provided in this chapter,
�	"volunteer ["Volunteer] fire fighter" and "volunteer fire chief" do
�	not include a person who is also employed full-time in the fire
�	service.
�	�������SECTION�2.��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, 2021
�	[2009].
�	�������SECTION�3.��Section 419.004, Government Code, is amended by
�	amending Subsections (a) and (e) and adding Subsection (f) to read
�	as follows:
�	�������(a)��The commission is composed of the following 13 members:
�	�������������(1)��two members to be selected from a list of five
�	names submitted by the Texas Fire Chiefs Association who are chief
�	officers with a minimum rank that is equivalent to the position
�	immediately below that of the fire chief and who are employed in
�	fire departments as defined by Section 419.021 that are under the
�	jurisdiction of the commission, at least one of whom must be the
�	head of a fire department and one of whom must be employed by a
�	political subdivision with a population of less than 100,000
�	[50,000];
�	�������������(2)��two members to be selected from a list of five
�	names submitted by the Texas State Association of Fire Fighters who
�	are fire protection personnel as defined by Section 419.021 with
�	the rank of battalion chief or below and who are employed in fire
�	departments or other appropriate local authorities under the
�	jurisdiction of the commission, one of whom must be employed by a
�	political subdivision with a population of less than 100,000
�	[50,000];
�	�������������(3)��two members to be selected from a list of five
�	names submitted by the State Firemen's and Fire Marshals'
�	Association of Texas who are volunteer fire chiefs or volunteer
�	fire fighters;
�	�������������(4)��one certified fire protection engineer;
�	�������������(5)��one certified arson investigator or certified fire
�	protection inspector;
�	�������������(6)��one fire protection instructor from an institution
�	of higher education as defined by Section 61.003, Education Code;
�	and
�	�������������(7)��four public members.
�	�������(e)��A person may not be [is not eligible for appointment as]
�	a public member of the commission if the person or the person's
�	spouse:
�	�������������(1)��is registered, certified, or licensed by a
�	regulatory agency in the field of fire protection [the commission];
�	�������������(2)��is employed by or participates in the management
�	of a business entity or other organization regulated by [the
�	commission] or receiving money [funds] from the commission;
�	�������������(3)��owns or controls, directly or indirectly, more
�	than a 10 percent interest in a business entity or other
�	organization regulated by [the commission] or receiving money
�	[funds] from the commission;
�	�������������(4)��uses or receives a substantial amount of tangible
�	goods, services, or money [funds] from the commission, other than
�	compensation or reimbursement authorized by law for commission
�	membership, attendance, or expenses; or
�	�������������(5)��is employed in the field of [a member of a paid or
�	volunteer] fire protection [department].
�	�������(f)��For purposes of this section, "volunteer fire fighter"
�	and "volunteer fire chief" mean a person who is a member of a
�	nonprofit volunteer fire department, and the term may include a
�	person who is also employed full-time in the fire service.
�	�������SECTION�4.��Subsections (a) and (c), Section 419.005,
�	Government Code, are amended to read as follows:
�	�������(a)��It is a ground for removal from the commission that [if]
�	a member:
�	�������������(1)��does not have at the time of taking office
�	[appointment] the qualifications required by Section 419.004;
�	�������������(2)��does not maintain during service on the commission
�	the qualifications required by Section 419.004;
�	�������������(3)��is ineligible for membership under [violates a
�	prohibition established by] Section 419.006;
�	�������������(4)��cannot, because of illness or disability,
�	discharge the member's duties for a substantial part of the member's
�	term [for which the member is appointed because of illness or
�	disability]; or
�	�������������(5)��is absent from more than half of the regularly
�	scheduled commission meetings that the member is eligible to attend
�	during a calendar year without an excuse approved [unless the
�	absence is excused] by majority vote of the commission.
�	�������(c)��If the executive director has knowledge that a potential
�	ground for removal exists, the executive director shall notify the
�	presiding officer of the commission of the potential ground. The
�	presiding officer shall then notify the governor and the attorney
�	general that a potential ground for removal exists. If the
�	potential ground for removal involves the presiding officer, the
�	executive director shall notify the next highest ranking officer of
�	the commission, who shall then notify the governor and the attorney
�	general that a potential ground for removal exists.
�	�������SECTION�5.��Section 419.006, Government Code, is amended to
�	read as follows:
�	�������Sec.�419.006.��CONFLICT OF INTEREST. (a)��In [An officer,
�	employee, or paid consultant of a Texas trade association in the
�	field of fire protection may not be a member of the commission or an
�	employee of the commission who is exempt from the state's position
�	classification plan or is compensated at or above the amount
�	prescribed by the General Appropriations Act for step 1, salary
�	group 17, of the position classification salary schedule.
�	�������[(b) � � A person who is the spouse of an officer, manager, or
�	paid consultant of a Texas trade association in the field of fire
�	protection may not be a commission member and may not be a
�	commission employee who is exempt from the state's position
�	classification plan or is compensated at or above the amount
�	prescribed by the General Appropriations Act for step 1, salary
�	group 17, of the position classification salary schedule.
�	�������[(c)��For the purposes of] this section, "Texas trade
�	association" means [a Texas trade association is] a [nonprofit,]
�	cooperative[,] and voluntarily joined statewide association of
�	business or professional competitors in this state designed to
�	assist its members and its industry or profession in dealing with
�	mutual business or professional problems and in promoting their
�	common interest.
�	�������(b)��A person may not be a member of the commission and may
�	not be a commission employee employed in a "bona fide executive,
�	administrative, or professional capacity," as that phrase is used
�	for purposes of establishing an exemption to the overtime
�	provisions of the federal Fair Labor Standards Act of 1938 (29
�	U.S.C. Section 201 et seq.), if:
�	�������������(1)��the person is an officer, employee, or paid
�	consultant of a Texas trade association in the field of fire
�	protection; or
�	�������������(2)��the person's spouse is an officer, manager, or paid
�	consultant of a Texas trade association in the field of fire
�	protection.
�	�������(c)�[(d)]��A person may not be [serve as] a member of the
�	commission or act as the general counsel to the commission or the
�	agency if the person is required to register as a lobbyist under
�	Chapter 305 because of the person's activities for compensation on
�	behalf of a profession related to the operation of the commission.
�	�������SECTION�6.��Subsection (a), Section 419.007, Government
�	Code, is amended to read as follows:
�	�������(a)��The governor shall designate a member of the commission
�	[fire protection instructor appointed under Section 419.004(a)(6)
�	serves] as the presiding officer of the commission to serve in that
�	capacity at the pleasure of [unless] the governor [designates
�	another member as presiding officer]. The commission shall elect
�	from among its members an assistant presiding officer and a
�	secretary.
�	�������SECTION�7.��Section 419.0071, Government Code, is amended to
�	read as follows:
�	�������Sec.�419.0071.��COMMISSION MEMBER TRAINING. (a)��A�[To be
�	eligible to take office as a member of the commission, a] person who
�	is appointed to and qualifies for office as a member of the
�	commission may not vote, deliberate, or be counted as a member in
�	attendance at a meeting of the commission until the person
�	completes [must complete at least one course of] a training program
�	that complies with this section.
�	�������(b)��The training program must provide [information to] the
�	person with information regarding:
�	�������������(1)��the [enabling] legislation that created the
�	commission;
�	�������������(2)��the programs, [operated by the commission;
�	�������������[(3)��the role and] functions, [of the commission;
�	�������������[(4)��the] rules, and [of the commission with an
�	emphasis on the rules that relate to disciplinary and investigatory
�	authority;
�	�������������[(5)��the current] budget of [for] the commission;
�	�������������(3)�[(6)]��the results of the most recent formal audit
�	of the commission;
�	�������������(4)�[(7)]��the requirements of laws relating to [the:
�	�������������������[(A)]��open meetings [law], public information
�	[Chapter 551;
�	�������������������[(B)��open records law, Chapter 552; and
�	�������������������[(C)��administrative procedure law], and
�	conflicts [Chapter 2001;
�	�������������[(8)��the requirements of the conflict] of interest
�	[interests laws and other laws relating to public officials];
�	and
�	�������������(5)�[(9)]��any applicable ethics policies adopted by
�	the commission [agency] or the Texas Ethics Commission.
�	�������(c)��A person appointed to the commission is entitled to
�	reimbursement, as provided by the General Appropriations Act, for
�	the travel expenses incurred in attending the training program
�	regardless of whether the attendance at the program occurs before
�	or after[, as provided by the General Appropriations Act and as if]
�	the person qualifies for office [were a member of the commission].
�	�������SECTION�8.��Subsection (c), Section 419.008, Government
�	Code, is amended to read as follows:
�	�������(c)��The commission shall perform duties assigned by law to
�	the Commission on Fire Protection Personnel Standards and Education
�	[or to the Fire Department Emergency Board].
�	�������SECTION�9.��Subsection (a), Section 419.0082, Government
�	Code, is amended to read as follows:
�	�������(a)��In adopting or amending a rule under Section 419.008(a)
�	or any other law, the commission shall seek the input of the fire
�	fighter advisory committee [and, when appropriate, the funds
�	allocation advisory committee]. The commission shall permit the
�	[appropriate] advisory committee to review and comment on any
�	proposed rule, including a proposed amendment to a rule, before the
�	rule is adopted. The recommendations of the advisory committee are
�	subject to modification or rejection by the commission, in the
�	commission's sole discretion, without the resubmission of the
�	matter to the advisory committee.
�	�������SECTION�10.��Subchapter A, Chapter 419, Government Code, is
�	amended by adding Section 419.0083 to read as follows:
�	�������Sec.�419.0083.��NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
�	RESOLUTION. (a)��The commission shall develop and implement a
�	policy to encourage the use of:
�	�������������(1)��negotiated rulemaking procedures under Chapter
�	2008 for the adoption of commission rules; and
�	�������������(2)��appropriate alternative dispute resolution
�	procedures under Chapter 2009 to assist in the resolution of
�	internal and external disputes under the commission's
�	jurisdiction.
�	�������(b)��The commission's procedures relating to alternative
�	dispute resolution must conform, to the extent possible, to any
�	model guidelines issued by the State Office of Administrative
�	Hearings for the use of alternative dispute resolution by state
�	agencies.
�	�������(c)��The commission shall designate a trained person to:
�	�������������(1)��coordinate the implementation of the policy
�	adopted under Subsection (a);
�	�������������(2)��serve as a resource for any training needed to
�	implement the procedures for negotiated rulemaking or alternative
�	dispute resolution; and
�	�������������(3)��collect data concerning the effectiveness of those
�	procedures, as implemented by the commission.
�	�������SECTION�11.��Subsection (c), Section 419.009, Government
�	Code, is amended to read as follows:
�	�������(c)��The commission shall develop and implement policies
�	that clearly separate the policy-making [define the respective]
�	responsibilities of the commission and the management
�	responsibilities of the executive director and the staff of the
�	commission.
�	�������SECTION�12.��Section 419.011, Government Code, is amended to
�	read as follows:
�	�������Sec.�419.011.��[PUBLIC INTEREST INFORMATION AND]
�	COMPLAINTS. (a)��The commission shall maintain a system to
�	promptly and efficiently act on complaints filed with the
�	commission. The commission shall maintain information about
�	parties to the complaint, the subject matter of the complaint, a
�	summary of the results of the review or investigation of the
�	complaint, and its disposition.
�	�������(b)��The commission shall make [prepare] information
�	available [of public interest] describing its [the functions of the
�	commission and the commission's] procedures for complaint
�	investigation and resolution [by which complaints are filed with
�	and resolved by the commission. The commission shall make the
�	information available to the public and appropriate state agencies.
�	�������[(b) � � The commission shall keep a file about each written
�	complaint filed with the commission that the commission has
�	authority to resolve. The commission shall provide to the person
�	filing the complaint and the persons or entities complained about
�	the commission's policies and procedures pertaining to complaint
�	investigation and resolution].
�	�������(c)��The commission[, at least quarterly and until final
�	disposition of the complaint,] shall periodically notify the
�	[person filing the] complaint parties [and the persons or entities
�	complained about] of the status of the complaint until final
�	disposition [unless the notice would jeopardize an undercover
�	investigation.
�	�������[(c) � � The commission shall keep information about each
�	complaint filed with the commission. The information shall
�	include:
�	�������������[(1)��the date the complaint is received;
�	�������������[(2)��the name of the complainant;
�	�������������[(3)��the subject matter of the complaint;
�	�������������[(4) � � a record of all persons contacted in relation to
�	the complaint;
�	�������������[(5) � � a summary of the results of the review or
�	investigation of the complaint; and
�	�������������[(6) � � for complaints for which the agency took no
�	action, an explanation of the reason the complaint was closed
�	without action.
�	�������[(d) � � The commission shall comply with federal and state laws
�	related to program and facility accessibility. The executive
�	director shall also prepare and maintain a written plan that
�	describes how a person who does not speak English can be provided
�	reasonable access to the commission's programs].
�	�������SECTION�13.��Subchapter A, Chapter 419, Government Code, is
�	amended by adding Section 419.012 to read as follows:
�	�������Sec.�419.012.��TECHNOLOGICAL SOLUTIONS. The commission
�	shall implement a policy requiring the commission to use
�	appropriate technological solutions to improve the commission's
�	ability to perform its functions. The policy must ensure that the
�	public is able to interact with the commission on the Internet.
�	�������SECTION�14.��Section 419.023, Government Code, is amended by
�	adding Subsection (f) to read as follows:
�	�������(f)��Appointments to the committee shall be made without
�	regard to the race, color, disability, sex, religion, age, or
�	national origin of the appointees.
�	�������SECTION�15.��Subsection (a), Section 419.026, Government
�	Code, is amended to read as follows:
�	�������(a)��The commission shall set and collect a fee [of not more
�	than $35] 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 [this] fee in the manner prescribed [as provided] by
�	commission rule. The certificate must be renewed annually.
�	�������SECTION�16.��Section 419.027, Government Code, is amended to
�	read as follows:
�	�������Sec.�419.027.��BIENNIAL INSPECTIONS. (a)��At least
�	biennially, the commission shall visit and inspect each institution
�	or facility conducting courses for training fire protection
�	personnel and recruits, each fire department, and each local
�	governmental agency providing fire protection to determine if the
�	department, agency, institution, or facility is complying with this
�	chapter and commission rules.
�	�������(b)��The commission may conduct risk-based inspections of
�	institutions and facilities in addition to the inspections under
�	Subsection (a). In determining whether to conduct an inspection of
�	an institution or facility under this subsection, the commission
�	shall consider:
�	�������������(1)��how recently the institution or facility has come
�	under regulation;
�	�������������(2)��the institution's or facility's history of
�	compliance with state law and commission rules;
�	�������������(3)��the number of complaints filed with the commission
�	regarding the institution or facility during the last year;
�	�������������(4)��the number of paid personnel in the institution or
�	facility;
�	�������������(5)��the frequency of fire responses;
�	�������������(6)��the institution's or facility's ability to inspect
�	and maintain equipment; and
�	�������������(7)��any other factor the commission considers
�	appropriate to assess an institution's or facility's safety risk.
�	�������SECTION�17.��Subsections (a) and (d), Section 419.032,
�	Government Code, are amended to read as follows:
�	�������(a)��A fire department may not appoint a person to the fire
�	department, except on a temporary or probationary basis, unless:
�	�������������(1)��the person:
�	�������������������(A)�[(1)]��has satisfactorily completed a
�	preparatory program of training in fire protection at a school
�	approved by the commission; and
�	�������������������(B)�[(2)]��meets the qualifications established
�	by the commission under Subsection (b); and
�	�������������(2)��the commission has approved the person's
�	fingerprint-based criminal history record information under
�	Section 419.0325.
�	�������(d)��The commission may certify persons who are qualified
�	under this subchapter to be fire protection personnel. The
�	commission shall adopt rules relating to presentation of evidence
�	of satisfactory completion of a program or course of instruction in
�	another jurisdiction equivalent in content and quality to that
�	required by the commission for approved fire protection education
�	and training programs in this state and shall issue to a person
�	meeting the rules and the requirements of Section 419.0325 a
�	certificate evidencing satisfaction of Subsections (a) and (b).
�	The commission may waive any certification requirement, except
�	those under Section 419.0325, for an applicant with a valid license
�	from another state having certification requirements substantially
�	equivalent to those of this state.
�	�������SECTION�18.��Subchapter B, Chapter 419, Government Code, is
�	amended by adding Section 419.0325 to read as follows:
�	�������Sec.�419.0325.��CRIMINAL HISTORY RECORD INFORMATION
�	APPROVAL REQUIRED FOR CERTIFICATION. (a)��The commission may not
�	certify a person as fire protection personnel unless the
�	commission, after review, has approved fingerprint-based criminal
�	history record information about the person obtained from the
�	Department of Public Safety under Subchapter F, Chapter 411, and
�	from the Federal Bureau of Investigation under Section 411.087.
�	�������(b)��The applicant for certification or the fire department
�	may submit the required fingerprint-based state and national
�	criminal history record information to the commission. If neither
�	the applicant nor the fire department submits the required criminal
�	history record information to the commission, the commission shall
�	obtain the required criminal history record information pursuant to
�	Sections 411.087 and 411.1236.
�	�������(c)��The commission by rule shall establish criteria for
�	denying a person certification to be fire protection personnel
�	based on the person's criminal history record information. The
�	criteria must relate to a person's fitness to serve as fire
�	protection personnel.
�	�������(d)��Criminal history record information received by the
�	commission is privileged and confidential and for commission use
�	only.
�	�������SECTION�19.��Subsections (a), (b), and (c), Section 419.034,
�	Government Code, are amended to read as follows:
�	�������(a)��A fire department or other employing entity may renew an
�	unexpired certification by, [paying to the commission] before the
�	expiration date of the certificate:
�	�������������(1)��submitting evidence satisfactory to the
�	commission of completion of any required professional education;
�	and
�	�������������(2)��paying to the commission the required renewal fee.
�	�������(b)��If a person's certificate has been expired for 30 days
�	or less, the fire department or other employing entity may renew the
�	certificate by:
�	�������������(1)��submitting evidence satisfactory to the
�	commission of completion of any required professional education;
�	and
�	�������������(2)��paying to the commission the required renewal fee
�	and a fee that is one-half of the certification fee for the
�	certificate.
�	�������(c)��If a person's certificate has been expired for longer
�	than 30 days but less than one year, the fire department or other
�	employing entity may renew the certificate by:
�	�������������(1)��submitting evidence satisfactory to the
�	commission of completion of any required professional education;
�	and
�	�������������(2)��paying to the commission all unpaid renewal fees
�	and a fee that is equal to the certification fee.
�	�������SECTION�20.��Section 419.036, Government Code, is amended by
�	adding Subsections (c) and (d) to read as follows:
�	�������(c)��A complaint case opened by the commission based on a
�	violation found during an inspection conducted under Section
�	419.027 must be opened not later than the 30th day after the date
�	the commission provides notice of the violation to the applicable
�	department, agency, institution, or facility.
�	�������(d)��The commission by rule shall create a matrix for
�	determining penalty amounts and disciplinary actions for fire
�	departments, training providers, and certified personnel who
�	commit violations of this chapter or a rule adopted under this
�	chapter. In developing the matrix, the commission shall consider
�	the following factors:
�	�������������(1)��compliance history;
�	�������������(2)��seriousness of the violation;
�	�������������(3)��the safety threat to the public or fire personnel;
�	�������������(4)��any mitigating factors; and
�	�������������(5)��any other factors the commission considers
�	appropriate.
�	�������SECTION�21.��Subchapter B, Chapter 419, Government Code, is
�	amended by adding Section 419.0366 to read as follows:
�	�������Sec.�419.0366.��TRACKING AND ANALYSIS OF COMPLAINT AND
�	VIOLATION DATA. (a)��The commission shall develop and implement a
�	method for tracking and categorizing the sources and types of
�	complaints filed with the commission and of violations of this
�	chapter or a rule adopted under this chapter.
�	�������(b)��The commission shall analyze the complaint and
�	violation data maintained under Subsection (a) to identify trends
�	and areas that may require additional regulation or enforcement.
�	�������SECTION�22.��Subchapter B, Chapter 419, Government Code, is
�	amended by adding Section 419.048 to read as follows:
�	�������Sec.�419.048.��FIRE PROTECTION PERSONNEL INJURY DATA;
�	RECOMMENDATIONS TO REDUCE INJURIES. (a)��Pursuant to Section
�	417.004, the commission and the commissioner of insurance, as
�	necessary to allow the agencies to perform their statutory duties,
�	shall transfer information between the two agencies, including
�	injury information from the Texas Fire Incident Reporting System
�	and workers' compensation data showing claims filed by fire
�	protection personnel.
�	�������(b)��Personally identifiable information received by the
�	commission under this section relating to injured fire protection
�	personnel is confidential. The commission may not release, and a
�	person may not gain access to, any information that could
�	reasonably be expected to reveal the identity of injured fire
�	protection personnel.
�	�������(c)��The commission shall evaluate information and data on
�	fire protection personnel injuries and develop recommendations for
�	reducing fire protection personnel injuries. The commission shall
�	forward the recommendations to the state fire marshal not later
�	than September 1 of each year for inclusion in the annual report
�	required by Section 417.0075.
�	�������(d)��The commission shall establish criteria for evaluating
�	fire protection personnel injury information to determine the
�	nature of injuries that the commission should investigate. Based
�	on these investigations, the commission shall identify fire
�	departments in need of assistance in reducing injuries and may
�	provide assistance to those fire departments.
�	�������SECTION�23.��Section 419.906, Government Code, is amended by
�	adding Subsections (d) and (e) to read as follows:
�	�������(d)��The commission may enter a default order if a fire
�	department or training provider fails to take action to correct a
�	violation found during an inspection conducted under this chapter
�	or to request an informal settlement conference before the 61st day
�	after the date the commission provides to the department or
�	provider notice requiring the department or provider to correct the
�	violation.
�	�������(e)��Notwithstanding Section 419.0365, the commission may
�	temporarily suspend a person's or regulated entity's certificate on
�	a determination by a panel of the commission that continued
�	activity by the person or entity would present an immediate threat
�	to the public or to fire service trainees. The panel may hold a
�	meeting for purposes of this subsection by teleconference call
�	pursuant to Section 551.125. A person or regulated entity whose
�	certificate is temporarily suspended under this subsection is
�	entitled to a hearing before the commission not later than the 14th
�	day after the date of the temporary suspension.
�	�������SECTION�24.��Subchapter Z, Chapter 419, Government Code, is
�	amended by adding Section 419.908 to read as follows:
�	�������Sec.�419.908.��COOPERATION WITH FEDERAL AND STATE ENTITIES
�	IN A DISASTER. In a declared state of disaster under Section
�	418.014, the commission shall coordinate with appropriate state and
�	federal agencies, including the governor's office of the homeland
�	security and the Federal Emergency Management Agency.
�	�������SECTION�25.��Subchapter G, Chapter 614, Government Code, is
�	amended by adding Section 614.105 to read as follows:
�	�������Sec.�614.105.��SEPARATE ACCOUNT FOR MONEY FROM TEXAS
�	COMMISSION ON FIRE PROTECTION. (a)��The service shall maintain a
�	separate account within the volunteer fire department assistance
�	fund.
�	�������(b)��The account shall contain money:
�	�������������(1)��previously appropriated to the Texas Commission on
�	Fire Protection for the administration of the fire department
�	emergency program and transferred to the service;
�	�������������(2)��received from the repayment of outstanding loans
�	transferred to the service from the Texas Commission on Fire
�	Protection fire department emergency program; and
�	�������������(3)��from any legislative appropriations for the
�	purposes of Subsection (c).
�	�������(c)��The money in the account may be used only to award grants
�	for scholarships for the education and training of firefighters or
�	for purchasing necessary firefighting equipment and facilities
�	for:
�	�������������(1)��a municipal fire department with any number of
�	paid personnel;
�	�������������(2)��a fire department operated by its members, some of
�	whom are volunteers and some of whom are paid; or
�	�������������(3)��a volunteer fire department.
�	�������(d)��The service shall administer all outstanding loans
�	transferred from the Texas Commission on Fire Protection fire
�	department emergency program and deposit money obtained as
�	repayment of those loans to the credit of the account created under
�	this section.
�	�������SECTION�26.��Subchapter C, Chapter 419, Government Code, is
�	repealed.
�	�������SECTION�27.��(a)��As soon as practicable after the effective
�	date of this Act, the governor shall designate a member of the Texas
�	Commission on Fire Protection as the presiding officer of the
�	commission pursuant to Section 419.007, Government Code, as amended
�	by this Act.
�	�������(b)��As soon as practicable after the effective date of this
�	Act, the Texas Commission on Fire Protection shall adopt the rules
�	required by Section 419.0325, Government Code, as added by this
�	Act, and Sections 419.026 and 419.036, Government Code, as amended
�	by this Act.
�	�������(c)��Notwithstanding Section 419.048, Government Code, as
�	added by this Act, the Texas Commission on Fire Protection is not
�	required to submit its annual recommendations to the state fire
�	marshal for inclusion in the report required by Section 417.0075,
�	Government Code, before September 1, 2010.
�	�������SECTION�28.��(a)��As soon as practicable after the effective
�	date of this Act, the Texas Commission on Fire Protection and the
�	Texas Forest Service shall develop and enter into a memorandum of
�	understanding regarding the transfer described in this section.
�	�������(b)��In accordance with the transition plan developed by the
�	Texas Commission on Fire Protection and the Texas Forest Service
�	under Subsection (a) of this section, on January 1, 2010:
�	�������������(1)��the fire department emergency program under
�	Subchapter C, Chapter 419, Government Code, is abolished;
�	�������������(2)��all money, loans and other contracts, leases,
�	property, and obligations of the Texas Commission on Fire
�	Protection related to the fire department emergency program are
�	transferred to the Texas Forest Service; and
�	�������������(3)��the unexpended and unobligated balance of any
�	money appropriated by the legislature for the Texas Commission on
�	Fire Protection related to the fire department emergency program is
�	transferred to the Texas Forest Service.
�	�������(c)��Before January 1, 2010, the Texas Commission on Fire
�	Protection may agree with the Texas Forest Service to transfer any
�	property of the fire department emergency program to implement the
�	transfer required by this Act.
�	�������SECTION�29.��(a)��Sections 419.004 and 419.006 and
�	Subsection (a), Section 419.0071, Government Code, as amended by
�	this Act, apply only to a person who is appointed or reappointed as
�	a member of the Texas Commission on Fire Protection on or after the
�	effective date of this Act. A person appointed or reappointed as a
�	member of the commission before the effective date of this Act is
�	governed by the law in effect immediately before that date, and the
�	former law is continued in effect for that purpose.
�	�������(b)��Section 419.005, Government Code, as amended by this
�	Act, applies only to a ground for removal that occurs on or after
�	the effective date of this Act. A ground for removal that occurs
�	before the effective date of this Act is governed by the law in
�	effect immediately before that date, and the former law is
�	continued in effect for that purpose.
�	�������(c)��Subsection (b), Section 419.0071, Government Code, as
�	amended by this Act, applies only to a training program attended on
�	or after the effective date of this Act. A training program
�	attended before the effective date of this Act is governed by the
�	law in effect immediately before that date, and the former law is
�	continued in effect for that purpose.
�	�������(d)��Subsection (c), Section 419.0071, Government Code, as
�	amended by this Act, applies only to expenses incurred on or after
�	the effective date of this Act. Expenses incurred before the
�	effective date of this Act are governed by the law in effect
�	immediately before that date, and the former law is continued in
�	effect for that purpose.
�	�������(e)��Section 419.0082, Government Code, as amended by this
�	Act, applies to a rule adopted on or after the effective date of
�	this Act. A rule adopted before the effective date of this Act is
�	governed by the law in effect immediately before that date, and the
�	former law is continued in effect for that purpose.
�	�������(f)��Section 419.026, Government Code, as amended by this
�	Act, applies only to a certificate issued or renewed on or after
�	January 1, 2010. A certificate issued or renewed before January 1,
�	2010, is governed by the law in effect on the date the certificate
�	was issued or renewed, and the former law is continued in effect for
�	that purpose.
�	�������(g)��Section 419.032, Government Code, as amended by this
�	Act, and Section 419.0325, Government Code, as added by this Act,
�	apply only to a person who applies for an initial certificate on or
�	after January 1, 2010. A person who applies for an initial
�	certificate before January 1, 2010, is governed, even in relation
�	to the person's renewal of the certificate on or after that date, by
�	the law in effect immediately before that date, and the former law
�	is continued in effect for that purpose.
�	�������(h)��Section 419.034, Government Code, as amended by this
�	Act, applies to a certificate renewed on or after the effective date
�	of this Act. A certificate renewed before the effective date of
�	this Act is governed by the law in effect immediately before that
�	date, and the former law is continued in effect for that purpose.
�	�������(i)��Subsection (d), Section 419.906, Government Code, as
�	added by this Act, applies only to an order pursuant to a violation
�	that occurs on or after the effective date of this Act. An order
�	pursuant to a violation that occurs before the effective date of
�	this Act is governed by the law in effect immediately before that
�	date, and the former law is continued in effect for that purpose.
�	�������SECTION�30.��(a)��Except as provided by Subsection (b) of
�	this section, this Act takes effect September 1, 2009.
�	�������(b)��The following changes in law take effect January 1,
�	2010:
�	�������������(1)��the repeal of Subchapter C, Chapter 419,
�	Government Code;
�	�������������(2)��the amendment to Section 419.026, Government Code;
�	and
�	�������������(3)��the amendment to Subchapter G, Chapter 614,
�	Government Code.
�
�
�
�
�
�
�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
�
�	�������I hereby certify that S.B.�No.�1011 passed the Senate on
�	April�20,�2009, by the following vote:��Yeas�30, Nays�0;
�	May�21,�2009, Senate refused to concur in House amendments and
�	requested appointment of Conference Committee; May�30,�2009, House
�	granted request of the Senate; May�31,�2009, Senate adopted
�	Conference Committee Report by the following vote:��Yeas�31,
�	Nays�0.
�
�
�	______________________________
�	Secretary of the Senate����
�
�	�������I hereby certify that S.B.�No.�1011 passed the House, with
�	amendments, on May�15,�2009, by the following vote:��Yeas�137,
�	Nays�1, one present not voting; May�30,�2009, House granted request
�	of the Senate for appointment of Conference Committee;
�	May�31,�2009, House adopted Conference Committee Report by the
�	following vote:��Yeas�143, Nays�2, one present not voting.
�
�
�	______________________________
�	Chief Clerk of the House���
�
�
�
�	Approved:
�
�	______________________________�
�	�����������Date
�
�
�	______________________________�
�	����������Governor