Bill Text: TX HB1845 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the continuation and functions of the Texas Commission on Fire Protection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-07 - Left pending in committee [HB1845 Detail]

Download: Texas-2021-HB1845-Introduced.html

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87R6497 MWC-D
By: Canales H.B. No. 1845

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