reglab/housing_qa huggingface dataset:
TX Govt Code § 419.0321 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.0321. Part-Time Fire Protection Employees

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.|
TX Govt Code § 419.0322 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.0322. Categories and Designation of Persons Performing Fire Protection Duties

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 (S.B. 879), Sec. 2, eff. May 20, 2005.|
TX Govt Code § 419.0325 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.0325. Criminal History Record Information Approval Required for Certification

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 (S.B. 1011), Sec. 18, eff. September 1, 2009.|
TX Govt Code § 419.033 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.033. Certificate Expiration

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.|
TX Govt Code § 419.034 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.034. Certificate Renewal

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 (S.B. 1011), Sec. 19, eff. September 1, 2009.|
TX Govt Code § 419.0341 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.0341. Individual Certificate Holder; Certificate Renewal

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.|
TX Govt Code § 419.035 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.035. Certification Examinations

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.|
TX Govt Code § 419.036 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.036. Disciplinary Actions

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 (S.B. 1011), Sec. 20, eff. September 1, 2009.|
TX Govt Code § 419.0365 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.0365. Disciplinary Hearing

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.|
TX Govt Code § 419.0366 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.0366. Tracking and Analysis of Complaint and Violation Data

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 (S.B. 1011), Sec. 21, eff. September 1, 2009.|
TX Govt Code § 419.037 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.037. Appointment as Marine Fire Protection Personnel

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.|
TX Govt Code § 419.038 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.038. Appointment to Aircraft Fire Fighting and Rescue Fire Protection Personnel Position

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.|
TX Govt Code § 419.039 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.039. Criminal Penalty

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.|
TX Govt Code § 419.040 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 419 - Texas Commission on Fire Protection|Subchapter B. Regulating and Assisting Fire Fighters and Fire Departments|Section 419.040. Protective Clothing

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 the potential for such exposure exists.(b)  The protective clothing shall be suitable for the task that the individual is expected to perform and must comply with the minimum standards of the National Fire Protection Association or its successor.(c)  The fire department shall develop and maintain a standard operating procedure covering the proper use, selection, care, and maintenance of all of its protective clothing.|Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.54(a), eff. Sept. 1, 1989.  Redesignated from Sec. 416.041 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1241, Sec. 3, eff. Sept. 1, 2001.|