CHAPTER 419. TEXAS COMMISSION ON FIRE PROTECTION
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 419. TEXAS COMMISSION ON FIRE PROTECTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 419.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on Fire Protection.
(2) Except as otherwise provided in this chapter, "volunteer
fire fighter" and "volunteer fire chief" do not include a person
who is also employed full-time in the fire service.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 1, eff. September 1, 2009.
Sec. 419.002. COMMISSION. The Texas Commission on Fire
Protection is an agency of the state.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991.
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.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
3.10, eff. Nov. 12, 1991; Acts 1997, 75th Leg., ch. 1172, Sec.
1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 2, eff. September 1, 2009.
Sec. 419.004. COMPOSITION OF COMMISSION. (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;
(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;
(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.
(b) The members of the commission are appointed by the governor
with the advice and consent of the senate for staggered terms of
six years with four or five members' terms expiring February 1 of
each odd-numbered year.
(c) The duties of a public officer or employee on the commission
constitute additional duties of the member's office or
employment.
(d) Appointments to the commission shall be made without regard
to the race, color, handicap, sex, religion, age, or national
origin of the appointees.
(e) A person may not be 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;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money 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 or receiving money from the commission;
(4) uses or receives a substantial amount of tangible goods,
services, or money 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 fire protection.
(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.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 1, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1172, Sec. 1.02, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1170, Sec. 14.01, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 3, eff. September 1, 2009.
Sec. 419.005. REMOVAL OF COMMISSION MEMBERS. (a) It is a
ground for removal from the commission that a member:
(1) does not have at the time of taking office 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 Section 419.006;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; 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 by majority vote of
the commission.
(b) The validity of an action of the commission is not affected
by the fact that it is taken when a ground for removal of a
commission member exists.
(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.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.03, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 4, eff. September 1, 2009.
Sec. 419.006. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a 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) A person may not be 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.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 5, eff. September 1, 2009.
Sec. 419.007. OFFICERS; COMPENSATION; MEETINGS. (a) The
governor shall designate a member of the commission as the
presiding officer of the commission to serve in that capacity at
the pleasure of the governor. The commission shall elect from
among its members an assistant presiding officer and a secretary.
(b) The commission shall meet at least quarterly.
(c) A member of the commission may not receive compensation for
service on the commission. A member 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 commission.
(d) The commission shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the commission and to speak on any issue under the jurisdiction
of the commission.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 2, eff.
Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 6, eff. September 1, 2009.
Sec. 419.0071. COMMISSION MEMBER TRAINING. (a) 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 a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs, functions, rules, and budget of the
commission;
(3) the results of the most recent formal audit of the
commission;
(4) the requirements of laws relating to open meetings, public
information, and conflicts of interest; and
(5) any applicable ethics policies adopted by the commission 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 the person qualifies for office.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.04, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 7, eff. September 1, 2009.
Sec. 419.008. GENERAL POWERS AND DUTIES. (a) The commission
may adopt rules for its internal management and control and for
the administration of its powers and duties.
(b) The commission shall perform the duties assigned to the
commission under this chapter or other law.
(c) The commission shall perform duties assigned by law to the
Commission on Fire Protection Personnel Standards and Education.
(d) The commission may accept gifts, grants, and contributions
from private individuals or foundations and from the federal
government.
(e) The commission shall report to the governor annually and to
the legislature at each regular session on the commission's
activities. The commission may make recommendations in those
reports on matters under its jurisdiction. The commission may
make other reports in its discretion.
(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.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 3, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1172, Sec. 1.05, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 8, eff. September 1, 2009.
Sec. 419.0082. RULEMAKING. (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. The
commission shall permit the 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.
(b) The commission may not adopt a rule, including an amendment
to a rule, before the commission meeting held after the
commission meeting at which the rule is first proposed.
(c) This section does not apply to an emergency rule adopted
under Section 2001.034.
(d) Notwithstanding other provisions of this section, the
commission may, without review by an advisory committee, make
nonsubstantive clerical changes to a rule.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.06, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
112, Sec. 1, eff. May 20, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 9, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 10, eff. September 1, 2009.
Sec. 419.009. PERSONNEL. (a) The commission shall employ an
executive director who shall employ other personnel necessary for
the performance of commission functions.
(b) The commission shall provide to its members and employees,
as often as necessary, information regarding their qualifications
for office or employment under this chapter and their
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
(c) The commission shall develop and implement policies that
clearly separate the policy-making responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
(d) The executive director or the executive director's designee
shall develop an intraagency career ladder program that addresses
opportunities for mobility and advancement for employees within
the commission. The program shall require intraagency postings of
all positions concurrently with any public posting.
(e) The executive director or the executive director's designee
shall develop a system of annual performance evaluations that are
based on documented employee performance. All merit pay for
commission employees must be based on the system established
under this subsection.
(f) The executive director or the executive director's designee
shall prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission work force that
meets federal and state laws, rules, regulations, and
instructions directly adopted under those laws, rules, or
regulations;
(3) procedures by which a determination can be made about the
extent of underuse in the commission work force of all persons
for whom federal or state laws, rules, regulations, and
instructions directly adopted under those laws, rules, or
regulations encourage a more equitable balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(g) A policy statement prepared under Subsection (f) must cover
an annual period, be updated annually and reviewed by the
Commission on Human Rights for compliance with Subsection (f)(1),
and be filed with the governor's office.
(h) The governor's office shall deliver a biennial report to the
legislature based on the information received under Subsection
(g). The report may be made separately or as a part of other
biennial reports made to the legislature.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.07, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 11, eff. September 1, 2009.
Sec. 419.0091. GENERAL COUNSEL. The commission may employ not
more than one attorney. The attorney shall serve as general
counsel of the commission.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.08, eff. Sept. 1,
1997.
Sec. 419.010. FISCAL REPORT. The commission shall prepare
annually a complete and detailed written report accounting for
all funds received and disbursed by the commission during the
preceding fiscal year. The annual report must meet the reporting
requirements applicable to financial reporting provided in the
General Appropriations Act.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.09, eff.
Sept. 1, 1997.
Sec. 419.011. 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 information available describing
its procedures for complaint investigation and resolution.
(c) The commission shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.09, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 12, eff. September 1, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 13, eff. September 1, 2009.
SUBCHAPTER B. REGULATING AND ASSISTING FIRE FIGHTERS AND FIRE
DEPARTMENTS
Sec. 419.021. DEFINITIONS. In this subchapter:
(1) "Aircraft rescue and fire protection personnel" means
permanent, full-time local governmental employees who, as a
permanent duty assignment, fight aircraft fires at airports,
stand by for potential crash landings, and perform aircraft crash
rescue.
(2) "Fire department" means a department of a local government
that is staffed by permanent, full-time employees of the local
government and that is organized to prevent or suppress fires.
(3) "Fire protection personnel" means:
(A) permanent, full-time law enforcement officers designated as
fire and arson investigators by an appropriate local authority;
(B) aircraft rescue and fire protection personnel; or
(C) permanent, full-time fire department employees who are not
secretaries, stenographers, clerks, budget analysts, or similar
support staff persons or other administrative employees and who
are assigned duties in one or more of the following categories:
(i) fire suppression;
(ii) fire inspection;
(iii) fire and arson investigation;
(iv) marine fire fighting;
(v) aircraft rescue and fire fighting;
(vi) fire training;
(vii) fire education;
(viii) fire administration; and
(ix) any other position necessarily or customarily related to
fire prevention or suppression.
(4) "Local government" means a municipality, a county, a
special-purpose district or authority, or any other political
subdivision of the state.
(5) "Marine fire protection personnel" means permanent,
full-time local governmental employees who work aboard a fireboat
and fight fires that occur on or adjacent to a waterway,
waterfront, channel, or turning basin.
(6) "Protective clothing" means garments, including turnout
coats, bunker coats, bunker pants, boots, gloves, trousers,
helmets, and protective hoods, worn by fire protection personnel
in the course of performing fire-fighting operations, including
wildland fire suppression.
(7) "Structure fire protection personnel" means permanent,
full-time local government employees who engage in fire-fighting
activities involving structures and may perform other emergency
activities typically associated with fire-fighting duties such as
rescue, emergency medical response, confined space rescue,
hazardous materials response, and wildland fire-fighting.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.40(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.001 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 912, Sec. 4, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 1172, Sec. 2.01, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1241, Sec. 1, eff. Sept. 1, 2001.
Sec. 419.022. GENERAL POWERS RELATING TO THIS SUBCHAPTER. (a)
The commission may:
(1) require the submission of reports and information by a local
governmental agency in this state that employs fire protection
personnel;
(2) assist fire departments and fire protection personnel with
problems related to fire-fighting techniques, clothing, and
equipment;
(3) assist fire departments and local governments with the
development and updating of local fire codes;
(4) on request, assist in performing staffing studies of fire
departments; and
(5) establish minimum educational, training, physical, and
mental standards for admission to employment as fire protection
personnel in a permanent, temporary, or probationary status and
for advanced or specialized fire protection personnel positions.
(b) The commission may not change a minimum standard under
Subsection (a)(5) to a standard that is less stringent than the
applicable standard set by the Commission on Fire Protection
Personnel Standards and Education in rules that were in effect on
August 31, 1991.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.41(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.007 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 912, Sec. 5, eff. Sept. 1, 1993.
Sec. 419.0225. CERTAIN RULES PROHIBITED. (a) The commission
may not adopt rules restricting competitive bidding or
advertising by a certificate holder except to prohibit false,
misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the commission may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a certificate holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
certificate holder; or
(4) restricts the certificate holder's advertisement under a
trade name.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.02, eff. Sept. 1,
1997.
Sec. 419.023. FIRE FIGHTER ADVISORY COMMITTEE. (a) The
commission shall establish a fire fighter advisory committee to
assist the commission in matters relating to fire protection
personnel, volunteer fire fighters, fire departments, and
volunteer fire departments. The committee shall be composed of
nine members appointed by the commission.
(b) Six members of the committee must be fire protection
personnel or retired fire protection personnel who collectively
represent various areas in the field of fire protection. Three
members of the committee must be certified instructors of fire
protection personnel. At least one member of the committee must
be a volunteer fire fighter or volunteer fire chief.
(c) A committee member serves at the will of the commission.
(d) The committee shall elect a member of the committee as the
presiding officer of the committee. The committee shall meet at
least twice each calendar year at the call of the presiding
officer or at the call of the commission.
(e) The committee periodically shall review commission rules
relating to fire protection personnel, fire departments, and
other fire fighters and fire fighting organizations that are
subject to regulation under this subchapter and recommend changes
in the rules to the commission.
(f) Appointments to the committee shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(64),
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1172, Sec. 2.03,
eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 14, eff. September 1, 2009.
Sec. 419.024. LOCAL GOVERNMENT POWERS. Except as expressly
provided by this chapter, this subchapter does not limit the
powers, rights, duties, or responsibilities of a local government
and does not affect Chapter 143, Local Government Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.42(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.008 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Sec. 419.025. MANUAL. The commission shall set and collect a
fee for a manual that states rules and minimum standards for fire
protection personnel. The amount of the fee may not exceed the
cost of preparing, printing, and distributing the manual.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.43(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.009 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Sec. 419.026. FEES FOR CERTIFICATES. (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. The certificate
must be renewed annually.
(b) The commission shall set and collect a fee for each
examination given to fire protection personnel for basic
certification under this subchapter. The amount of the fee may
not exceed the cost of preparing, printing, administering, and
grading the examination.
(c) The commission may revoke, refuse to issue, or refuse to
renew the certificate of fire protection personnel for failure to
pay a fee required under Subsection (a).
(d) The commission shall send the fees authorized by Subsection
(a) and Section 419.033(b) to the comptroller, who shall deposit
50 percent of the fees collected annually into the general
revenue fund and 50 percent of the fees collected annually into a
special account in the general revenue fund dedicated for use by
the commission. Except as otherwise provided by this chapter, 50
percent of the special fund created under this subsection may be
used only to defray the commission's costs in performing
inspections under Section 419.027 and the other 50 percent may be
used only to provide training assistance under Section 419.031.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.44(a), eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 798, Sec. 1, eff. Sept. 1,
1989. Redesignated from Sec. 416.010 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 1423, Sec. 8.13, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 15, eff. January 1, 2010.
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.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,
1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 16, eff. September 1, 2009.
Sec. 419.028. TRAINING PROGRAMS AND INSTRUCTORS. The commission
may:
(1) authorize reimbursement for a local governmental agency for
expenses in attending training programs as authorized by the
legislature;
(2) through issuance or revocation of a certificate, approve or
revoke the approval of an institution or facility for a school
operated by or for this state or a local government specifically
for training fire protection personnel or recruits;
(3) certify persons as qualified fire protection personnel
instructors under conditions that the commission prescribes;
(4) contract with persons or public or private agencies, as the
commission considers necessary, for studies and reports that the
commission requires to cooperate with local governmental agencies
in training programs and to otherwise perform its functions;
(5) revoke the certification of fire protection personnel
instructors; and
(6) provide staff or educational materials on request to
training programs or fire departments.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.45(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.021 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 912, Sec. 6, eff. Sept. 1, 1993.
Sec. 419.029. TRAINING CURRICULUM. The commission may establish
minimum curriculum requirements for preparatory, in-service, and
advanced courses and programs for a school operated by or for
this state or a local government specifically for training fire
protection personnel or recruits.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.46(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.022 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Sec. 419.030. COOPERATION WITH OTHER ENTITIES FOR TRAINING
PURPOSES. The commission may consult and cooperate with a local
governmental agency, other governmental agency, university,
college, junior college, or another institution concerning the
development of training schools and programs of courses of
instruction for fire protection personnel, including the
preparation or implementation of continuing education or training
programs.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.47(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.023 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Sec. 419.031. TRAINING ASSISTANCE. The commission shall adopt
rules and procedures for the administration of a training
assistance program under this subchapter. The training assistance
provided to fire departments under this subchapter may be
provided by any of the following methods:
(1) purchasing and providing training aids to fire departments
on a temporary or permanent basis;
(2) financing training seminars for fire departments; or
(3) paying instructor fees to teach specialized courses for fire
departments that employ fully paid fire protection personnel.
Added by Acts 1989, 71st Leg., ch. 798, Sec. 2, eff. Sept. 1,
1989. Redesignated from Sec. 416.024 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Sec. 419.032. APPOINTMENT OF FIRE PROTECTION PERSONNEL. (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) has satisfactorily completed a preparatory program of
training in fire protection at a school approved by the
commission; and
(B) 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.
(b) The commission by rule may establish qualifications relating
to minimum age, education, physical and mental condition,
citizenship, basic certification tests, continuing education or
training programs, and other matters that relate to the
competence and reliability of persons to assume and discharge the
responsibilities of fire protection personnel. The commission
shall prescribe the means of presenting evidence of fulfillment
of these qualifications. This chapter does not preclude an
employing agency from establishing qualifications and standards
for hiring fire protection personnel that exceed the minimum
qualifications set by the commission.
(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.
(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.
(e) Fire protection personnel serving under permanent
appointment before September 1, 1972, are not required to meet a
requirement of Subsection (a) or (b) as a condition of tenure or
continued employment or for eligibility for a promotional
examination for which they are otherwise eligible. The fire
protection personnel are eligible to attend training courses
subject to commission rules.
(f) A local government may appoint a person to the position of
head of the fire department, though the person is not certified
by the commission as fire protection personnel, if the person
either has at least 10 years' experience as a volunteer fire
fighter or may be eligible to become certified under the
provisions of Subsection (d) relating to other states or
jurisdictions. The appointment is on a temporary basis pending
certification of the person as fire protection personnel by the
commission under this subsection. The temporary appointment may
not be extended beyond one year by renewal of appointment or
otherwise. In addition to rules adopted under Subsection (d)
relating to other states or jurisdictions, the commission shall
adopt rules for purposes of this subsection relating to
presentation of evidence that a person has been a volunteer fire
fighter for the required period. The rules may not include more
stringent requirements on the nature of the volunteer fire
departments with which a person may accumulate the required
period of volunteer service than the requirements contained in
the definition of an organized volunteer fire department under
Chapter 615. The commission shall certify as fire protection
personnel a person who is serving as a temporarily appointed
department head under this subsection and who:
(1) presents satisfactory evidence that the person has been a
volunteer fire fighter for at least 10 years and passes the
commission's basic certification examination administered under
this subchapter on the first or second attempt;
(2) presents satisfactory evidence that the person is eligible
to be certified as fire protection personnel under Subsection (d)
and passes the commission's basic certification examination
administered under this subchapter on the first or second
attempt; or
(3) satisfies the requirements of Subsections (a) and (b).
(g) This chapter does not prevent a fire department from
assigning volunteer fire fighters, or other auxiliary fire
fighters who are not fire protection personnel, to fire
suppression, fire education, or fire station duties.
(h) This chapter does not prevent an employee of a local
government from being a volunteer fire fighter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.48(a), eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 798, Sec. 3, eff. Jan. 1,
1990. Redesignated from Sec. 416.031 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 912, Sec. 7, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 76, Sec. 5.95(31), eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 1241, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 17, eff. September 1, 2009.
Sec. 419.0321. PART-TIME FIRE PROTECTION EMPLOYEES. (a) A fire
department may employ part-time fire protection employees under
this section. The commission shall create a separate
certification class for part-time fire protection employees.
(b) To become certified as a part-time fire protection employee,
a person must:
(1) satisfy the requirements of Sections 419.032(a) and (b) or
Section 419.032(d) for certification as fire protection
personnel; and
(2) be employed by a fire department as a temporary or
probationary part-time fire protection employee.
(c) A fire department may not employ a person as a part-time
fire protection employee, except on a temporary or probationary
basis, unless the person has been certified by the commission as
a part-time fire protection employee. A temporary or probationary
employment may not extend beyond one year or be renewed, except
that on petition of a fire department one year or more after the
date that a temporary or probationary part-time employment
expires, the commission may reinstate the person's temporary or
probationary part-time employment.
(d) A person who is certified as a part-time fire protection
employee and a fire department or local government that employs a
part-time fire protection employee are subject to this subchapter
and applicable commission rules to the same extent that this
subchapter and applicable commission rules apply to certified
fire protection personnel and to a fire department or local
government in the employment of fire protection personnel.
(e) A part-time fire protection employee may not:
(1) work more than 24 hours a week or average more than
approximately 24 hours a week during a work cycle, as
appropriate, for an employing fire department; or
(2) work more than 500 hours a year for an employing fire
department in duties related to fire suppression.
(f) A part-time fire protection employee may work, on a
temporary basis only, in place of a person who is fire protection
personnel who is absent from work because of vacation, illness,
injury, or administrative leave. Work may not be assigned under
this subsection in a manner that will cause a reduction in the
number of authorized full-time positions in a fire department.
Hours worked under this subsection are not counted when computing
hours under Subsection (e)(1).
Added by Acts 1993, 73rd Leg., ch. 912, Sec. 8, eff. Sept. 1,
1993.
Sec. 419.0322. CATEGORIES AND DESIGNATION OF PERSONS PERFORMING
FIRE PROTECTION DUTIES. (a) Each person who is assigned by a
fire department to perform one or more duties listed under
Section 419.021(3)(C) must be:
(1) fire protection personnel;
(2) a part-time fire protection employee; or
(3) a volunteer or other auxiliary fire fighter.
(b) Each fire department shall designate each person who is
assigned by the department to perform one or more duties listed
under Section 419.021(3)(C) as fire protection personnel, a
part-time fire protection employee, or a volunteer or auxiliary
fire fighter, but a department may not designate the same person
under more than one category under this section. The designation
shall be made on the records of the department and the
designation shall be made available for inspection by the
commission or sent to the commission on request.
(c) A fire department may not compensate, reimburse, or provide
benefits to a person the department has designated as a volunteer
or other auxiliary fire fighter to the extent that the person
would be considered fully paid fire protection personnel.
(d) A person designated as a part-time fire protection employee
under this section is subject to Section 419.0321.
Added by Acts 1993, 73rd Leg., ch. 912, Sec. 9, eff. Sept. 1,
1993.
Amended by:
Acts 2005, 79th Leg., Ch.
112, Sec. 2, eff. May 20, 2005.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 18, eff. September 1, 2009.
Sec. 419.033. CERTIFICATE EXPIRATION. (a) The commission by
rule may adopt a system under which certificates expire on
various dates during the year. For the year in which the
certificate expiration date is changed, certificate fees payable
on the date set by commission rule shall be prorated on a monthly
basis so that each fire department or other employing entity
shall pay only that portion of the certificate fee that is
allocable to the number of months during which the certificate is
valid. On renewal of the certificate on the new expiration date,
the total certificate renewal fee is payable.
(b) The commission shall issue to a person who has held a
commission certificate but is no longer employed by an entity
that is regulated by the commission a one-time certificate that
states the level of certification held by the person on the date
the person left the regulated entity's employment. The commission
shall prescribe the procedure under which a person applies for a
certificate under this subsection. The commission shall set and
collect from the person a fee of not more than $35 for the
certificate.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,
1991.
Sec. 419.034. CERTIFICATE RENEWAL. (a) A fire department or
other employing entity may renew an unexpired certification by,
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.
(d) If a person's certificate has been expired for one year or
longer, the person may not renew the certificate. The person may
obtain a new certificate by submitting to the proficiency
examination or repeating the requirements and procedures for
obtaining an original certificate. The commission shall charge a
fee to recover the cost of administering the proficiency
examination. The fire department or other employing entity shall
pay the certification fee.
(e) Notwithstanding any other law, the commission by rule may
establish a procedure to waive the late fees or examination
required by this section if:
(1) the person's certificate expired because of the employing
entity's good faith clerical error, including the failure of the
employing entity to submit fees in a timely manner; or
(2) the person's certificate expired as a result of termination
of the person's employment and the person has been restored to
employment as a result of a disciplinary procedure or a court
action.
(f) At least 30 days before the expiration of a person's
certificate, the commission shall send written notice of the
impending certificate expiration to the last known fire
department or other employing entity employing the regulated
person according to the records of the commission.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 10, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1172, Sec. 2.04, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 19, eff. September 1, 2009.
Sec. 419.0341. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE
RENEWAL. (a) Notwithstanding any other provision of this
subchapter, a person may be certified as fire protection
personnel and continue to hold and renew the certificate without
regard to whether the person is employed or continues to be
employed by a local authority or fire department.
(b) A person who is certified as fire protection personnel who
is not employed by a local authority or fire department may renew
an unexpired certificate before the expiration of 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.
(c) If the person's certificate has been expired for 30 days or
less, the person 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.
(d) If the person's certificate has been expired for longer than
30 days but less than one year, the person 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 for the certificate.
(e) If the person's certificate has been expired for one year or
longer, the person may not renew the certificate. The person may
obtain a new certificate by submitting to the proficiency
examination or repeating the requirements and procedures for
obtaining an original certificate. The commission shall charge a
fee to cover the cost of administering the proficiency
examination.
(f) At least 30 days before the expiration of the certificate of
a person who is not employed by a local authority or fire
department, the commission shall send written notice of the
impending certificate expiration to the last known address of the
person according to the records of the commission.
(g) The commission shall establish by rule the procedures and
requirements for evidence of compliance with this section.
(h) Notwithstanding any other law, the commission by rule may
establish a procedure to waive the late fees or examination
required by this section for a person whose certificate expired
because of the person's good faith clerical error, including the
person's failure to submit fees in a timely manner.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.05, eff. Sept. 1,
1997.
Sec. 419.035. CERTIFICATION EXAMINATIONS. (a) Not later than
the 30th day after the date on which a certification examination
is administered under this subchapter, the commission shall
notify each examinee of the results of the examination. However,
if an examination is graded or reviewed by a national testing
service, the commission shall notify examinees of the results of
the examination not later than the 14th day after the date on
which the commission receives the results from the testing
service. If the notice of examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the commission shall notify the
examinee of the reason for the delay before the 90th day.
(b) If requested in writing by a person who fails an examination
administered under this subchapter, the commission shall furnish
the person with an analysis of the person's performance on the
examination.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,
1991.
Sec. 419.036. DISCIPLINARY ACTIONS. (a) The commission may
revoke or suspend a certificate, place on probation a person
whose certificate has been suspended, or reprimand a regulated
person for a violation of this subchapter or a rule of the
commission. If a regulated person's suspension is probated, the
commission may require the practitioner:
(1) to report regularly to the commission on matters that are
the basis of the probation;
(2) to limit practice to the areas prescribed by the commission;
or
(3) to continue or renew professional education until the
practitioner attains a degree of skill satisfactory to the
commission in those areas that are the basis of the probation.
(b) If the commission proposes to suspend or revoke a person's
certificate, the person is entitled to a hearing before the
commission or a hearings officer appointed by the commission. The
commission shall prescribe procedures by which all decisions to
suspend or revoke are made by or are appealable to the
commission.
(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.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,
1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 20, eff. September 1, 2009.
Sec. 419.0365. DISCIPLINARY HEARING. If the commission proposes
to suspend, revoke, or refuse to renew a person's certificate,
the person is entitled to a hearing conducted by the State Office
of Administrative Hearings. Proceedings for a disciplinary action
are governed by the administrative procedure law, Chapter 2001.
Rules of practice adopted by the commission under Section
2001.004 applicable to the proceedings for a disciplinary action
may not conflict with rules adopted by the State Office of
Administrative Hearings.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.06, eff. Sept. 1,
1997.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1216, Sec. 21, eff. September 1, 2009.
Sec. 419.037. APPOINTMENT AS MARINE FIRE PROTECTION PERSONNEL.
(a) The commission shall adopt requirements for certification of
marine fire protection personnel. A person may not be appointed
to a marine fire protection personnel position, except on a
probationary basis, unless the person has completed the training
prescribed by the commission.
(b) Marine fire protection personnel appointed on a probationary
basis must complete the prescribed training before two years
after the date of appointment.
(c) Marine fire protection personnel serving under permanent
appointment with five or more years' service before September 1,
1978, have satisfied the training requirements by experience.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.49(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.032 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Sec. 419.038. APPOINTMENT TO AIRCRAFT FIRE FIGHTING AND RESCUE
FIRE PROTECTION PERSONNEL POSITION. (a) The commission shall
adopt requirements for certification of aircraft fire fighting
and rescue fire protection personnel. A person may not be
appointed to an aircraft fire fighting and rescue fire protection
personnel position, except on a probationary basis, unless the
person has completed the training prescribed by the commission.
(b) Aircraft fire fighting and rescue fire protection personnel
appointed on a probationary basis must complete the prescribed
training before two years after the date of appointment.
(c) Aircraft fire fighting and rescue fire protection personnel
serving under permanent appointment with two or more years'
service before September 1, 1984, have satisfied the training
requirements.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.50(a), eff. Sept.
1, 1989. Redesignated from Sec. 416.033 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 912, Sec. 11, eff. Sept. 1, 1993.
Sec. 419.039. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) accepts an appointment in violation of Section 419.032 or
419.037;
(2) knowingly accepts an appointment in violation of Section
419.038;
(3) appoints or retains a person in violation of Section
419.032; or
(4) appoints a person in violation of Section 419.037 or
419.038.
(b) An offense under this section is a misdemeanor punishable by
a fine of not less than $100 nor more than $1,000.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.51, eff. Sept. 1,
1989. Redesignated from Sec. 416.034 and amended by Acts 1991,
72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Sec. 419.040. PROTECTIVE CLOTHING. (a) A fire department shall
purchase, provide, and maintain a complete ensemble of
appropriate protective clothing for each of its fire protection
personnel who would be exposed to hazardous conditions from fire
or other emergencies or where t