� |
� |
� |
�
|
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 |