reglab/statecodes huggingface dataset:
2023 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 419.028. Training Programs and Instructors

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.
2023 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 419.029. Training Curriculum

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.
2023 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 419.030. Cooperation With Other Entities for Training Purposes

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.
2023 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 419.031. Training Assistance

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 419.041. Self-Contained Breathing Apparatus

Sec. 419.041.  SELF-CONTAINED BREATHING APPARATUS.  (a)  A fire department shall furnish with self-contained breathing apparatus all of its fire protection personnel who engage in operations where the personnel might encounter atmospheres that are immediately dangerous to life or health, where the potential for such exposure exists, or where the atmosphere is unknown.
(b)  All self-contained breathing apparatus shall comply with the minimum standards of the National Fire Protection Association or its successor.
(c)  A fire department shall develop and maintain a standard operating procedure covering the proper use, selection, care, and maintenance of all of its breathing apparatus.
(d)  A fire department shall require each self-contained breathing apparatus used by the department to be inspected at least monthly.  The inspection shall comply with the minimum standards of the National Fire Protection Association or its successor.
(e)  A fire department shall require each self-contained breathing apparatus used by the department to be tested annually for overall condition and proper functioning.  The tests shall comply with the minimum standards of the National Fire Protection Association or its successor.
(f)  A fire department that uses self-contained breathing apparatus shall have samples of the breathing air used to refill the cylinders of the self-contained breathing apparatus tested at least every six months by a competent testing laboratory that has equipment designed to test compressed breathing air.  The quality of the compressed breathing air and the laboratory conducting the tests of the compressed breathing air quality must conform with the quality and testing procedures established by the National Fire Protection Association or its successor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.55(a), eff. Sept. 1, 1989.  Redesignated from Sec. 416.042 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1241, Sec. 4, eff. Sept. 1, 2001.
2023 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 419.042. Personal Alert Safety Systems

Sec. 419.042.  PERSONAL ALERT SAFETY SYSTEMS.  (a)  A fire department shall purchase, provide, and maintain a personal alert safety system 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 personal alert safety system must comply with 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 personal alert safety systems.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.56(a), eff. Sept. 1, 1989.  Redesignated from Sec. 416.043 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1241, Sec. 5, eff. Sept. 1, 2001.
2023 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 419.043. Applicable National Fire Protection Association Standard

Sec. 419.043.  APPLICABLE NATIONAL FIRE PROTECTION ASSOCIATION STANDARD.  The National Fire Protection Association standard applicable to protective clothing, self-contained breathing apparatus, or personal alert safety systems is the standard in effect when a fire-fighting agency contracts to purchase the item.  The agency may continue to use an item that was in use or contracted for before a change in a standard unless the commission determines that the continued use constitutes an undue risk to the wearer, in which case the commission shall order the use be discontinued and shall set an appropriate date for compliance with the revised standard.
Added by Acts 2001, 77th Leg., ch. 1241, Sec. 6, eff. Sept. 1, 2001.
2023 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 419.044. Incident Management System

Sec. 419.044.  INCIDENT MANAGEMENT SYSTEM.  (a)  A fire department shall develop and maintain an incident management system.  The system shall include a written standard operating procedure for the management of emergency incidents.  The system shall require operations to be conducted in a manner that recognizes hazards and prevents accidents and injuries.
(b)  A fire department shall require all fire protection personnel to be trained in and to use the incident management system.  The system shall also be applied to all drills, exercises, and other situations that involve hazards similar to those encountered at actual emergency incidents.
(c)  The incident management system shall comply with the minimum standards established by the National Fire Protection Association or its successor.
Added by Acts 2001, 77th Leg., ch. 1241, Sec. 7, eff. Sept. 1, 2001.
2023 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 419.045. Personnel Accountability System

Sec. 419.045.  PERSONNEL ACCOUNTABILITY SYSTEM.  (a)  A fire department shall develop and maintain a standard operating procedure for personnel accountability.  The system shall provide a rapid accounting of all personnel at an emergency incident.
(b)  A fire department shall require all personnel to be trained in and to use the personnel accountability system.
(c)  The personnel accountability system shall comply with the minimum standards established by the National Fire Protection Association or its successor.  If the National Fire Protection Association standard applicable to personnel accountability systems is revised, the fire department shall comply with the new standard within one year from the effective date of the new standard.
Added by Acts 2001, 77th Leg., ch. 1241, Sec. 8, eff. Sept. 1, 2001.
2023 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 419.046. Fire Protection Personnel Operating at Emergency Incidents

Sec. 419.046.  FIRE PROTECTION PERSONNEL OPERATING AT EMERGENCY INCIDENTS.  (a)  A fire department shall develop, maintain, and use a standard operating procedure covering fire protection personnel operating at emergency incidents.  The procedure shall specify an adequate number of personnel to safely conduct emergency scene operations.  The procedure shall limit operations to those that can be safely performed by the personnel available at the scene.
(b)  A fire department shall require all personnel to be trained in and to use the standard operating procedure pertaining to fire protection personnel operating at emergency incidents.
(c)  The minimum standards established by the National Fire Protection Association or its successor for operating procedures for fire protection personnel operating at an emergency incident may be used as a guideline for fire departments when developing standard operating procedures.
(d)  The standard operating procedures for structure fires shall comply with the Occupational Safety and Health Administration's Final Rule, 29 C.F.R. Section 1910.134(g)(4), procedures for interior structural fire fighting of July 1, 1998.
Added by Acts 2001, 77th Leg., ch. 1241, Sec. 9, eff. Sept. 1, 2001.
2023 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 419.047. Commission Enforcement

Sec. 419.047.  COMMISSION ENFORCEMENT.  The commission shall enforce Sections 419.040, 419.041, 419.042, 419.043, 419.044, 419.045, and 419.046.  The commission may adopt minimum standards consistent with those sections for protective clothing, self-contained breathing apparatus, personal alert safety systems, incident management systems, personnel accountability systems, fire protection personnel operating at emergency incidents, and applicable National Fire Protection Association standards for fire protection personnel.
Added by Acts 2001, 77th Leg., ch. 1241, Sec. 10, eff. Sept. 1, 2001.
2023 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 419.048. Fire Protection Personnel Injury Data; Recommendations to Reduce Injuries

Sec. 419.048.  FIRE PROTECTION PERSONNEL INJURY DATA; RECOMMENDATIONS TO REDUCE INJURIES.  (a)  Pursuant to Section 417.004, the commission and the commissioner of insurance, as necessary to allow the agencies to perform their statutory duties, shall transfer information between the two agencies, including injury information from the Texas Fire Incident Reporting System and workers' compensation data showing claims filed by fire protection personnel.
(b)  Personally identifiable information received by the commission under this section relating to injured fire protection personnel is confidential.  The commission may not release, and a person may not gain access to, any information that could reasonably be expected to reveal the identity of injured fire protection personnel.
(c)  The commission shall evaluate information and data on fire protection personnel injuries and develop recommendations for reducing fire protection personnel injuries.  The commission shall forward the recommendations to the state fire marshal not later than September 1 of each year for inclusion in the annual report required by Section 417.0075.
(d)  The commission shall establish criteria for evaluating fire protection personnel injury information to determine the nature of injuries that the commission should investigate.  Based on these investigations, the commission shall identify fire departments in need of assistance in reducing injuries and may provide assistance to those fire departments.
Added by Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 22, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter D. Volunteer Fire Fighters and Fire Departments › Section 419.071. Voluntary Certification Program for Volunteer Fire Fighters and Fire Departments

Sec. 419.071.  VOLUNTARY CERTIFICATION PROGRAM FOR VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS.  (a)  The commission shall develop a voluntary certification program for volunteer fire fighters and volunteer fire departments.  The program must include the same components and requirements as the certification program established under Subchapter B.  The certification program for volunteer fire fighters and volunteer fire departments may take into account the different circumstances of volunteer fire fighters in establishing deadlines for completion of various components or requirements of the program.
(b)  A certificate for a given type and level of certification that is issued under the certification program established under this section is equivalent to a certificate for the same type and level issued under Subchapter B.  The certificate is subject to the same issuance and renewal requirements as a certificate issued under Subchapter B, and a certificate holder may be disciplined and regulated in the same manner as provided by Subchapter B.
(c)  A volunteer fire fighter, volunteer fire department, or facility that provides training to volunteer fire fighters is not required to participate in any component of the commission's program under this chapter.  A volunteer fire fighter, volunteer fire department, or facility that provides training to volunteer fire fighters may on request participate in one or more components of the program under this subchapter as appropriate.  The volunteer fire department with which a volunteer fire fighter is affiliated may, but is not required to, pay the certificate fee for a volunteer fire fighter certified under this subchapter.
(d)  At least 30 days before the expiration of a volunteer fire fighter's certificate, the commission shall send written notice of the impending certificate expiration to the last known address of the fire fighter according to the records of the commission.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 12, 13, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1172, Sec. 2.07, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter D. Volunteer Fire Fighters and Fire Departments › Section 419.072. Obtaining Paid Employment as Fire Fighter

Sec. 419.072.  OBTAINING PAID EMPLOYMENT AS FIRE FIGHTER.  (a)  Notwithstanding anything to the contrary in Subchapter B, a fire department may appoint as fire protection personnel a volunteer fire fighter or former volunteer fire fighter who is certified by the commission under this subchapter.  On receiving the appointment from the employing fire department, the person is considered to be certified fire protection personnel.
(b)  In this section, "fire department" has the meaning assigned by Section 419.021.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 16, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 419.075 and amended by Acts 1997, 75th Leg., ch. 1172, Sec. 2.07, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter D. Volunteer Fire Fighters and Fire Departments › Section 419.073. Individual Certificate Holder; Certificate Renewal

Sec. 419.073.  INDIVIDUAL CERTIFICATE HOLDER;  CERTIFICATE RENEWAL.  (a)  A volunteer fire fighter certified under this subchapter may continue to hold and renew the certificate without regard to whether the person continues to be affiliated with a volunteer fire department.
(b)  A former volunteer fire fighter who is no longer affiliated with a volunteer 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 a 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 a 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.
(e)  If a person's certificate has been expired for one year or longer, the person may not renew the certificate.
(f)  The commission shall establish by rule the requirements evidence must meet to be considered satisfactory for the purpose of complying with this section.
(g)  Notwithstanding any other law, the commission may by rule establish a procedure to recertify a person if:
(1)  the person's certification has lapsed because of the person's good faith clerical error, including the person's failure to submit fees in a timely manner;  or
(2)  the person's certification has lapsed 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.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.07, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter E. Paid Fire Fighters and Fire Departments Not Connected With a Local Government › Section 419.081. Mandatory Inspection and Regulation of Certain State Agencies

Sec. 419.081.  MANDATORY INSPECTION AND REGULATION OF CERTAIN STATE AGENCIES.  (a)  Each state agency providing fire protection shall furnish all of its employees who engage in fire fighting with self-contained breathing apparatus as provided by Section 419.041 for local fire departments.
(b)  At least biennially, the commission shall visit and inspect each state agency providing fire protection to determine if the agency is complying with applicable portions of this chapter and commission rules.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter E. Paid Fire Fighters and Fire Departments Not Connected With a Local Government › Section 419.082. Training for State Agency Fire Fighters

Sec. 419.082.  TRAINING FOR STATE AGENCY FIRE FIGHTERS.  The commission may allow a state agency employee who provides fire protection to attend fire protection training programs conducted under Subchapter B, including an employee who is not regulated under Section 419.083. The commission may authorize reimbursement for a state agency's costs under this section as authorized by the legislature, whether or not the agency is regulated under Section 419.083.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter E. Paid Fire Fighters and Fire Departments Not Connected With a Local Government › Section 419.084. Voluntary Regulation of Certain Federal Agencies and Federal Fire Fighters

Sec. 419.084.  VOLUNTARY REGULATION OF CERTAIN FEDERAL AGENCIES AND FEDERAL FIRE FIGHTERS.  (a)  Certain federal agencies and federal fire fighters may apply to the commission for regulation under one or more discrete components of the commission's regulatory authority under Subchapter B.  The commission shall define the components by rule.
(b)  A federal fire fighter who would be fire protection personnel under Section 419.021 if the person were employed by a local government may apply to the commission for regulation under this section.  The fact that a federal fire fighter becomes regulated by the commission under this section does not make the employing agency subject to commission regulation under this section.
(c)  A federal agency may apply to the commission for regulation under this section if the agency is the employing authority for persons who, if employed by a local government, would be fire protection personnel under Section 419.021.
(d)  The commission shall prescribe the procedures under which a federal agency or federal fire fighter may apply for regulation under this section and the means by which a federal agency or federal fire fighter may present evidence that the agency or fire fighter is eligible for regulation under this section.
(e)  The commission shall determine whether a federal agency or federal fire fighter that has applied for regulation is eligible for regulation under this section.  The commission shall approve a request for regulation if the agency or fire fighter meets the requirements of Subsection (b) or (c), and the commission shall notify the applying agency or fire fighter of its decision.
(f)  A federal agency or federal fire fighter regulated under this section is subject, to the extent allowed by federal law, to the appropriate component or components of Subchapter B and applicable rules adopted under this chapter to the same extent as a local government, a fire department, or fire protection personnel employed by a local government.
(g)  A federal agency or federal fire fighter that is subject to regulation under this section is entitled to a reasonable period in which to comply with applicable requirements.  The commission by rule shall determine the time period in which a federal agency or federal fire fighter must come into compliance with each requirement.
(h)  In this section, "federal fire fighter" means a person who is employed to provide fire protection to property of the federal government by:
(1)  an agency of the federal government;  or
(2)  an entity that contracts with the federal government.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 18, eff. Sept. 1, 1993.