Bill Text: TX HB2446 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the availability of certain information regarding firefighters, volunteer firefighters, emergency medical services personnel, and fire safety inspectors and the certification and training for fire safety inspectors.
Spectrum: Slight Partisan Bill (Republican 15-7)
Status: (Passed) 2019-06-14 - Effective immediately [HB2446 Detail]
Download: Texas-2019-HB2446-Enrolled.html
H.B. No. 2446 |
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relating to the availability of certain information regarding | ||
firefighters, volunteer firefighters, emergency medical services | ||
personnel, and fire safety inspectors and the certification and | ||
training for fire safety inspectors. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.1235(a), Government Code, is amended | ||
to read as follows: | ||
(a) A volunteer fire department or a fire department | ||
operated by an emergency services district is entitled to obtain | ||
from the department criminal history record information maintained | ||
by the department that relates to a person who: | ||
(1) is required to be certified by the Texas | ||
Commission on Fire Protection and: | ||
(A) [ |
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position with the fire department; or | ||
(B) [ |
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fire department; or | ||
(2) holds a position with the fire department and | ||
seeks to conduct fire safety inspections without becoming certified | ||
as a fire inspector by the Texas Commission on Fire Protection. | ||
SECTION 2. Section 411.129(a), Government Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b), a municipality is | ||
entitled to obtain from the department criminal history record | ||
information maintained by the department that relates to a person | ||
who: | ||
(1) is: | ||
(A) [ |
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municipality; | ||
(B) [ |
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(C) [ |
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employee of a business or person that contracts with the | ||
municipality; | ||
(D) [ |
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(E) [ |
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with the municipality; or | ||
(2) seeks the municipality's authorization to conduct | ||
fire safety inspections without becoming certified as a fire | ||
inspector by the Texas Commission on Fire Protection. | ||
SECTION 3. Section 419.909, Government Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (a-2) to | ||
read as follows: | ||
(a) Except as provided by Subsection (a-1), only [ |
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individual certified by the commission as a fire inspector may | ||
conduct a fire safety inspection required by a state or local law, | ||
rule, regulation, or ordinance. The following entities may provide | ||
training related to fire safety inspections: | ||
(1) the commission or a training facility certified by | ||
the commission; | ||
(2) the State Firefighters' and Fire Marshals' | ||
Association of Texas or a training facility approved by that | ||
association; | ||
(3) any state agency with authority over fire safety | ||
inspections; or | ||
(4) any local agency authorized to provide the | ||
training by a state agency described by Subdivision (3). | ||
(a-1) Subject to Subsection (a-2), for purposes of | ||
conducting a fire safety inspection under Subsection (a), an | ||
individual is not required to be certified by the commission if: | ||
(1) the individual: | ||
(A) has completed a course of training on fire | ||
safety inspections offered by an entity described by Subsection (a) | ||
that complies with NFPA Standard 1031: Fire Inspector I, 2014 | ||
Edition, "Standard for Professional Qualifications for Fire | ||
Inspector and Plan Examiner," as published by the National Fire | ||
Protection Association; | ||
(B) is: | ||
(i) a member of a volunteer fire | ||
department; or | ||
(ii) authorized to conduct fire safety | ||
inspections by a municipality in which an emergency services | ||
district is located if the municipality has adopted a fire safety | ||
code; and | ||
(C) has not been convicted of an offense that | ||
involves family violence, as defined by Section 71.004, Family | ||
Code, or a felony; and | ||
(2) the inspection is conducted in: | ||
(A) a county with a population of less than | ||
100,000; or | ||
(B) a political subdivision of this state that | ||
employs fewer than five firefighters regulated by the commission. | ||
(a-2) A volunteer fire department or a municipality | ||
described by Subsection (a-1)(1)(B)(ii) may obtain an individual's | ||
criminal history record information for use in conducting a | ||
criminal history background check before authorizing the | ||
individual to conduct fire safety inspections. | ||
SECTION 4. Section 552.117(a), Government Code, as amended | ||
by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278), | ||
Acts of the 85th Legislature, Regular Session, 2017, is reenacted | ||
and amended to read as follows: | ||
(a) Information is excepted from the requirements of | ||
Section 552.021 if it is information that relates to the home | ||
address, home telephone number, emergency contact information, or | ||
social security number of the following person or that reveals | ||
whether the person has family members: | ||
(1) a current or former official or employee of a | ||
governmental body, except as otherwise provided by Section 552.024; | ||
(2) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or a security officer commissioned under | ||
Section 51.212, Education Code, regardless of whether the officer | ||
complies with Section 552.024 or 552.1175, as applicable; | ||
(3) a current or former employee of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department, regardless of | ||
whether the current or former employee complies with Section | ||
552.1175; | ||
(4) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or other law, a reserve law enforcement | ||
officer, a commissioned deputy game warden, or a corrections | ||
officer in a municipal, county, or state penal institution in this | ||
state who was killed in the line of duty, regardless of whether the | ||
deceased complied with Section 552.024 or 552.1175; | ||
(5) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code, regardless of whether the | ||
officer complies with Section 552.024 or 552.1175, as applicable; | ||
(6) an officer or employee of a community supervision | ||
and corrections department established under Chapter 76 who | ||
performs a duty described by Section 76.004(b), regardless of | ||
whether the officer or employee complies with Section 552.024 or | ||
552.1175; | ||
(7) a current or former employee of the office of the | ||
attorney general who is or was assigned to a division of that office | ||
the duties of which involve law enforcement, regardless of whether | ||
the current or former employee complies with Section 552.024 or | ||
552.1175; | ||
(8) a current or former employee of the Texas Juvenile | ||
Justice Department or of the predecessors in function of the | ||
department, regardless of whether the current or former employee | ||
complies with Section 552.024 or 552.1175; | ||
(9) a current or former juvenile probation or | ||
supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code, regardless of whether the | ||
current or former officer complies with Section 552.024 or | ||
552.1175; | ||
(10) a current or former employee of a juvenile | ||
justice program or facility, as those terms are defined by Section | ||
261.405, Family Code, regardless of whether the current or former | ||
employee complies with Section 552.024 or 552.1175; | ||
(11) a current or former member of the Texas military | ||
forces, as that term is defined by Section 437.001; [ |
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(12) a current or former district attorney, criminal | ||
district attorney, or county or municipal attorney whose | ||
jurisdiction includes any criminal law or child protective services | ||
matters, regardless of whether the current or former attorney | ||
complies with Section 552.024 or 552.1175; [ |
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(13) a current or former employee of a district | ||
attorney, criminal district attorney, or county or municipal | ||
attorney whose jurisdiction includes any criminal law or child | ||
protective services matters, regardless of whether the current or | ||
former employee complies with Section 552.024 or 552.1175; | ||
(14) [ |
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Civil Commitment Office or of the predecessor in function of the | ||
office or a division of the office, regardless of whether the | ||
current or former employee complies with Section 552.024 or | ||
552.1175; | ||
(15) [ |
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judge, as those terms are defined by Section 13.0021(a), Election | ||
Code, or a spouse of a current or former federal judge or state | ||
judge; or | ||
(16) a firefighter or volunteer firefighter or | ||
emergency medical services personnel as defined by Section 773.003, | ||
Health and Safety Code, regardless of whether the firefighter or | ||
volunteer firefighter or emergency medical services personnel | ||
comply with Section 552.024 or 552.1175, as applicable [ |
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SECTION 5. The heading to Section 552.1175, Government | ||
Code, is amended to read as follows: | ||
Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN | ||
PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER | ||
OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [ |
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SECTION 6. Section 552.1175(a), Government Code, is amended | ||
to read as follows: | ||
(a) This section applies only to: | ||
(1) peace officers as defined by Article 2.12, Code of | ||
Criminal Procedure; | ||
(2) county jailers as defined by Section 1701.001, | ||
Occupations Code; | ||
(3) current or former employees of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department; | ||
(4) commissioned security officers as defined by | ||
Section 1702.002, Occupations Code; | ||
(5) a current or former district attorney, criminal | ||
district attorney, or county or municipal attorney whose | ||
jurisdiction includes any criminal law or child protective services | ||
matters; | ||
(5-a) a current or former employee of a district | ||
attorney, criminal district attorney, or county or municipal | ||
attorney whose jurisdiction includes any criminal law or child | ||
protective services matters; | ||
(6) officers and employees of a community supervision | ||
and corrections department established under Chapter 76 who perform | ||
a duty described by Section 76.004(b); | ||
(7) criminal investigators of the United States as | ||
described by Article 2.122(a), Code of Criminal Procedure; | ||
(8) police officers and inspectors of the United | ||
States Federal Protective Service; | ||
(9) current and former employees of the office of the | ||
attorney general who are or were assigned to a division of that | ||
office the duties of which involve law enforcement; | ||
(10) current or former juvenile probation and | ||
detention officers certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code; | ||
(11) current or former employees of a juvenile justice | ||
program or facility, as those terms are defined by Section 261.405, | ||
Family Code; | ||
(12) current or former employees of the Texas Juvenile | ||
Justice Department or the predecessors in function of the | ||
department; | ||
(13) federal judges and state judges as defined by | ||
Section 13.0021, Election Code; [ |
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(14) current or former employees of the Texas Civil | ||
Commitment Office or of the predecessor in function of the office or | ||
a division of the office; and | ||
(15) a firefighter or volunteer firefighter or | ||
emergency medical services personnel as defined by Section 773.003, | ||
Health and Safety Code. | ||
SECTION 7. Subchapter C, Chapter 552, Government Code, is | ||
amended by adding Section 552.159 to read as follows: | ||
Sec. 552.159. EXCEPTION: CONFIDENTIALITY OF CERTAIN WORK | ||
SCHEDULES. A work schedule or a time sheet of a firefighter or | ||
volunteer firefighter or emergency medical services personnel as | ||
defined by Section 773.003, Health and Safety Code, is confidential | ||
and excepted from the requirements of Section 552.021. | ||
SECTION 8. Section 25.025(a), Tax Code, as amended by | ||
Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B. | ||
1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular | ||
Session, 2017, is reenacted and amended to read as follows: | ||
(a) This section applies only to: | ||
(1) a current or former peace officer as defined by | ||
Article 2.12, Code of Criminal Procedure, and the spouse or | ||
surviving spouse of the peace officer; | ||
(2) the adult child of a current peace officer as | ||
defined by Article 2.12, Code of Criminal Procedure; | ||
(3) a county jailer as defined by Section 1701.001, | ||
Occupations Code; | ||
(4) an employee of the Texas Department of Criminal | ||
Justice; | ||
(5) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code; | ||
(6) an individual who shows that the individual, the | ||
individual's child, or another person in the individual's household | ||
is a victim of family violence as defined by Section 71.004, Family | ||
Code, by providing: | ||
(A) a copy of a protective order issued under | ||
Chapter 85, Family Code, or a magistrate's order for emergency | ||
protection issued under Article 17.292, Code of Criminal Procedure; | ||
or | ||
(B) other independent documentary evidence | ||
necessary to show that the individual, the individual's child, or | ||
another person in the individual's household is a victim of family | ||
violence; | ||
(7) [ |
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the individual's child, or another person in the individual's | ||
household is a victim of sexual assault or abuse, stalking, or | ||
trafficking of persons by providing: | ||
(A) a copy of a protective order issued under | ||
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a | ||
magistrate's order for emergency protection issued under Article | ||
17.292, Code of Criminal Procedure; or | ||
(B) other independent documentary evidence | ||
necessary to show that the individual, the individual's child, or | ||
another person in the individual's household is a victim of sexual | ||
assault or abuse, stalking, or trafficking of persons; | ||
(8) [ |
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confidentiality program administered by the attorney general under | ||
Subchapter C, Chapter 56, Code of Criminal Procedure, who provides | ||
proof of certification under Article 56.84, Code of Criminal | ||
Procedure; | ||
(9) [ |
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spouse of a federal judge or state judge; | ||
(10) a current or former district attorney, criminal | ||
district attorney, or county or municipal attorney whose | ||
jurisdiction includes any criminal law or child protective services | ||
matters; | ||
(11) [ |
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attorney, criminal district attorney, or county or municipal | ||
attorney whose jurisdiction includes any criminal law or child | ||
protective services matters; | ||
(12) [ |
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supervision and corrections department established under Chapter | ||
76, Government Code, who performs a duty described by Section | ||
76.004(b) of that code; | ||
(13) [ |
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States as described by Article 2.122(a), Code of Criminal | ||
Procedure; | ||
(14) [ |
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United States Federal Protective Service; | ||
(15) [ |
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or assistant United States attorney and the spouse and child of the | ||
attorney; | ||
(16) [ |
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of the attorney general who is or was assigned to a division of that | ||
office the duties of which involve law enforcement; | ||
(17) [ |
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forensic analysis or testing who is employed by this state or one or | ||
more political subdivisions of this state; | ||
(18) [ |
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States armed forces who has served in an area that the president of | ||
the United States by executive order designates for purposes of 26 | ||
U.S.C. Section 112 as an area in which armed forces of the United | ||
States are or have engaged in combat; | ||
(19) [ |
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Juvenile Justice Department or of the predecessors in function of | ||
the department; | ||
(20) [ |
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supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code; | ||
(21) [ |
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justice program or facility, as those terms are defined by Section | ||
261.405, Family Code; [ |
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(22) [ |
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Civil Commitment Office or of the predecessor in function of the | ||
office or a division of the office; | ||
(23) [ |
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judge or state judge; and | ||
(24) a firefighter or volunteer firefighter or | ||
emergency medical services personnel as defined by Section 773.003, | ||
Health and Safety Code. | ||
SECTION 9. The changes in law made by this Act apply only to | ||
a request for information that is received by a governmental body or | ||
an officer on or after the effective date of this Act. A request for | ||
information that was received before the effective date of this Act | ||
is governed by the law in effect on the date the request was | ||
received, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 10. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 11. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2446 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2446 on May 24, 2019, by the following vote: Yeas 139, Nays 2, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2446 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |