reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.190. Agriculture Emergency Response Plan

Sec. 418.190.  AGRICULTURE EMERGENCY RESPONSE PLAN.  (a)  In coordination with the division, the Department of Agriculture and the Texas Animal Health Commission shall prepare and keep current an agriculture emergency response plan as an annex to the state emergency management plan.  The plan must include provisions for:
(1)  identifying and assessing necessary training, resource, and support requirements;
(2)  providing information on recovery, relief, and assistance requirements following all types of disasters, including information on biological and radiological response; and
(3)  all other information the Department of Agriculture and the Texas Animal Health Commission determine to be relevant to prepare for an all-hazards approach to agricultural disaster management.
(b)  The Department of Agriculture and the Texas Animal Health Commission shall include the plan developed under Subsection (a) in an annual report to the legislature and the office of the governor.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.191. Medical Special Needs Volunteers

Sec. 418.191.  MEDICAL SPECIAL NEEDS VOLUNTEERS.  (a)  An entity responsible for the care of individuals with medical special needs shall develop and distribute information on volunteering in connection with a disaster.
(b)  The division shall provide information to interested parties and the public regarding how volunteers can be identified and trained to help all groups of people, including those with medical special needs and those who are residents of assisted living facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.195. Attorney General as Legal Advisor on Issues Related to Declared Disaster

Sec. 418.195.  ATTORNEY GENERAL AS LEGAL ADVISOR ON ISSUES RELATED TO DECLARED DISASTER.  (a)  This section applies only during a declared state of disaster under Section 418.014 and the 90-day period following the expiration or termination of the disaster declaration.
(b)  The attorney general may provide legal counsel to a political subdivision subject to a declared state of disaster under Section 418.014 on issues related to disaster mitigation, preparedness, response, and recovery applicable to the area subject to the disaster declaration.
(c)  A request for counsel under this section may be submitted only by:
(1)  the emergency management director designated under Section 418.1015 for the political subdivision;
(2)  the county judge or a commissioner of a county subject to the declaration; or
(3)  the mayor of a municipality subject to the declaration.
Added by Acts 2019, 86th Leg., R.S., Ch. 70 (S.B. 416), Sec. 1, eff. May 20, 2019.
Redesignated from Government Code, Section 418.193 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(27), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter I. Wellness Checks for Medically Fragile Individuals During Certain Emergencies › Section 418.251. Definitions

Sec. 418.251.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Department" means the Department of State Health Services.
(3)  "Emergency assistance registry" means the registry maintained by the division that provides local emergency planners and emergency responders with additional information on the needs of certain individuals in their communities.
(4)  "First responder" means any federal, state, or local personnel who may respond to a disaster, including:
(A)  public health and public safety personnel;
(B)  commissioned law enforcement personnel;
(C)  fire protection personnel, including volunteer firefighters;
(D)  emergency medical services personnel, including hospital emergency facility staff;
(E)  a member of the National Guard; or
(F)  a member of the Texas State Guard.
(5)  "Medically fragile individual" means any individual who, during a time of disaster or emergency, would be particularly vulnerable because of a medical condition, including individuals:
(A)  with Alzheimer's disease and other related disorders;
(B)  receiving dialysis services;
(C)  who are diagnosed with a debilitating chronic illness;
(D)  who are dependent on oxygen treatment; and
(E)  who have medical conditions that require 24-hour supervision from a skilled nurse.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter I. Wellness Checks for Medically Fragile Individuals During Certain Emergencies › Section 418.252. Medically Fragile Individual Designation

Sec. 418.252.  MEDICALLY FRAGILE INDIVIDUAL DESIGNATION.  The division shall develop a process for designating individuals who are included in the emergency assistance registry as medically fragile for the purposes of this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter I. Wellness Checks for Medically Fragile Individuals During Certain Emergencies › Section 418.253. Emergency Assistance Registry Access

Sec. 418.253.  EMERGENCY ASSISTANCE REGISTRY ACCESS.  The division shall authorize the following persons to access the emergency assistance registry to assist medically fragile individuals during an event described by Section 418.255:
(1)  the commission;
(2)  the department;
(3)  first responders;
(4)  local governments; and
(5)  local health departments.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(9), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter I. Wellness Checks for Medically Fragile Individuals During Certain Emergencies › Section 418.254. Required Wellness Check

Sec. 418.254.  REQUIRED WELLNESS CHECK.  The division shall collaborate with the persons authorized to access the emergency assistance registry under Section 418.253 and with applicable municipalities and counties to ensure that a wellness check is conducted on each medically fragile individual listed in the emergency assistance registry and located in an area that experiences an event described by Section 418.255 to ensure the individual has:
(1)  continuity of care; and
(2)  the ability to continue using electrically powered medical equipment, if applicable.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(10), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter I. Wellness Checks for Medically Fragile Individuals During Certain Emergencies › Section 418.255. Events Requiring Wellness Checks

Sec. 418.255.  EVENTS REQUIRING WELLNESS CHECKS.  (a)  The division, in collaboration with the commission and the department, shall adopt rules regarding which events require a wellness check, including:
(1)  an extended power, water, or gas outage;
(2)  a state of disaster declared under this chapter; or
(3)  any other event considered necessary by the commission, the department, or the division.
(b)  If more than one disaster is declared for the same event, or the same event qualifies as an event requiring a wellness check for multiple reasons under Subsection (a), only one wellness check is required to be conducted under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter I. Wellness Checks for Medically Fragile Individuals During Certain Emergencies › Section 418.256. Requirements for Wellness Check

Sec. 418.256.  REQUIREMENTS FOR WELLNESS CHECK.  (a)  The division, in collaboration with the commission and the department, by rule shall develop minimum standards for conducting wellness checks.  Each county and municipality shall adopt procedures for conducting wellness checks in compliance with the minimum standards.
(b)  A wellness check on a medically fragile individual under this subchapter must:
(1)  include:
(A)  an automated telephone call and text to the individual;
(B)  a personalized telephone call to the individual; and
(C)  if the individual is unresponsive to a telephone call under Paragraph (B), an in-person wellness check; and
(2)  be conducted in accordance with the minimum standards prescribed by division rule and the procedures of the applicable county or municipality.
(c)  A wellness check must be conducted as soon as practicable but not later than 24 hours after the event requiring a wellness check occurs.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter I. Wellness Checks for Medically Fragile Individuals During Certain Emergencies › Section 418.257. Rules

Sec. 418.257.  RULES.  The division, in collaboration with the commission and the department, shall adopt rules to implement this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.301. Definitions

Sec. 418.301.  DEFINITIONS.  In this subchapter:
(1)  "Chief" means the division's chief.
(2)  "Council" means the Texas Energy Reliability Council.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.302. Council Established

Sec. 418.302.  COUNCIL ESTABLISHED.  (a)  The Texas Energy Reliability Council is established to:
(1)  ensure that the energy and electric industries in this state meet high priority human needs and address critical infrastructure concerns; and
(2)  enhance coordination and communication in the energy and electric industries in this state.
(b)  Chapter 2110 does not apply to the council.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.303. Membership

Sec. 418.303.  MEMBERSHIP.  (a)  The council is composed of:
(1)  the chairman of the Railroad Commission of Texas;
(2)  the presiding officer of the Public Utility Commission of Texas;
(3)  the chief executive of the Office of Public Utility Counsel;
(4)  the presiding officer of the Texas Commission on Environmental Quality;
(5)  the chair of the Texas Transportation Commission;
(6)  a person to represent the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region, appointed by the governor;
(7)  the chief;
(8)  five persons to represent participants in the natural gas supply chain in this state, appointed by the Railroad Commission of Texas to represent as many types of participants as possible;
(9)  five persons to represent the electric industry, appointed by the Public Utility Commission of Texas, including:
(A)  one person to represent entities that provide dispatchable electric energy to the power grid in this state;
(B)  one person to represent transmission and distribution utilities, as defined by Section 31.002, Utilities Code;
(C)  one person to represent retail electric providers, as defined by Section 31.002, Utilities Code;
(D)  one person to represent municipally owned utilities, as defined by Section 11.003, Utilities Code; and
(E)  one person to represent electric cooperatives;
(10)  three persons to represent energy sectors not otherwise represented on the council, appointed by the Public Utility Commission of Texas; and
(11)  five persons to represent industrial concerns, appointed by the governor, including:
(A)  one person to represent motor fuel producers; and
(B)  one person to represent chemical manufacturers.
(b)  A member of the council described by Subsection (a)(1), (2), (3), (4), (5), (6), or (7) may designate a person from the member's agency to represent the member in any meeting.
(c)  The council may request that a person collaborate with the council to achieve the purposes described by Section 418.302.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.304. Officers

Sec. 418.304.  OFFICERS.  (a)  The chief shall serve as presiding officer of the council.
(b)  The council may select an assistant presiding officer and secretary from among its members.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.305. Compensation; Reimbursement

Sec. 418.305.  COMPENSATION; REIMBURSEMENT.  A member of the council is not entitled to compensation or reimbursement of expenses for service on the council.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.306. Meetings

Sec. 418.306.  MEETINGS.  (a)  After its initial meeting, the council shall meet at least twice each year at a time and place determined by the chief.
(b)  The council may meet at other times the council considers appropriate.  The presiding officer may call a meeting on the officer's own motion.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.307. Administrative Support

Sec. 418.307.  ADMINISTRATIVE SUPPORT.  The division shall provide administrative support to the council.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.308. General Duties of Council

Sec. 418.308.  GENERAL DUTIES OF COUNCIL.  (a)  The council shall foster communication and planning to ensure preparedness for making available and delivering energy and electricity in this state to ensure that high priority human needs are met and critical infrastructure needs are addressed.
(b)  The council shall foster communication and coordination between the energy and electric industries in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.309. Information

Sec. 418.309.  INFORMATION.  (a)  In this section:
(1)  "Gas provider" means:
(A)  a natural gas pipeline facility operator;
(B)  an operator of a natural gas well; or
(C)  an entity that produces, treats, processes, pressurizes, stores, or transports natural gas in this state or otherwise participates in the natural gas supply chain in this state.
(2)  "Public utility" means an entity that generates, transmits, or distributes electric energy to the public, including an electric cooperative, an electric utility, a municipally owned utility, or a river authority.
(b)  A public utility or gas provider shall provide to the council any information related to a disaster requested by the council.  Information obtained by the council under this subsection is confidential and not subject to disclosure by the council if the information is critical energy infrastructure information as defined by the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region or federal law.
(c)  Except as provided by Subsection (d), the meetings of the council and information obtained or created by the council are not subject to the requirements of Chapter 551 or 552.
(d)  Information written, produced, collected, assembled, or maintained under law or in connection with the transaction of official business by the council or an officer or employee of the council is subject to Section 552.008 in the same manner as public information.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter J. Texas Energy Reliability Council › Section 418.310. Report

Sec. 418.310.  REPORT.  (a)  Not later than December 1 of each even-numbered year, the council shall submit to the legislature a report on the reliability and stability of the electricity supply chain in this state.
(b)  The report must include recommendations on methods to strengthen the electricity supply chain in this state and to decrease the frequency of extended power outages caused by a disaster in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 522 (H.B. 3096), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter A. General Provisions › Section 419.001. Definitions

Sec. 419.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission on Fire Protection.
(2)  Except as otherwise provided in this chapter, "volunteer fire fighter" and "volunteer fire chief" do not include a person who is also employed full-time in the fire service.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 1, 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 A. General Provisions › Section 419.002. Commission

Sec. 419.002.  COMMISSION.  The Texas Commission on Fire Protection is an agency of the state.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter A. General Provisions › Section 419.003. Sunset Provision

Sec. 419.003.  SUNSET PROVISION.  The Texas Commission on Fire Protection is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2035.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.10, eff. Nov. 12, 1991;  Acts 1997, 75th Leg., ch. 1172, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 2, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.06, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter A. General Provisions › Section 419.005. Removal of Commission Members

Sec. 419.005.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of taking office the qualifications required by Section 419.004;
(2)  does not maintain during service on the commission the qualifications required by Section 419.004;
(3)  is ineligible for membership under Section 419.006;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.03, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 4, 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 A. General Provisions › Section 419.006. Conflict of Interest

Sec. 419.006.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of fire protection; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of fire protection.
(c)  A person may not be a member of the commission or act as the general counsel to the commission or the agency if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 5, 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 A. General Provisions › Section 419.007. Officers; Compensation; Meetings

Sec. 419.007.  OFFICERS;  COMPENSATION;  MEETINGS.  (a)  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.  The commission shall elect from among its members an assistant presiding officer and a secretary.
(b)  The commission shall meet at least quarterly.
(c)  A member of the commission may not receive compensation for service on the commission.  A member is entitled to receive reimbursement, subject to any applicable limitation on reimbursement provided by the General Appropriations Act, for actual and necessary expenses incurred in performing services as a member of the commission.
(d)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 6, 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 A. General Provisions › Section 419.0071. Commission Member Training

Sec. 419.0071.  COMMISSION MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.04, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 7, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter A. General Provisions › Section 419.008. General Powers and Duties

Sec. 419.008.  GENERAL POWERS AND DUTIES.  (a)  The commission may adopt rules for its internal management and control and for the administration of its powers and duties.
(b)  The commission shall perform the duties assigned to the commission under this chapter or other law.
(c)  The commission shall perform duties assigned by law to the Commission on Fire Protection Personnel Standards and Education.
(d)  The commission may accept gifts, grants, and contributions from private individuals or foundations and from the federal government.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 9, eff. September 1, 2021.
(f)  The commission may appoint advisory committees to assist it in the performance of its duties.  A member of an advisory committee appointed by the commission or otherwise appointed under this chapter may not receive compensation for service on the advisory committee.  A member appointed under this chapter is entitled to receive reimbursement, subject to any applicable limitation on reimbursement provided by the General Appropriations Act, for actual and necessary expenses incurred in performing services as a member of the advisory committee.  Members appointed under this chapter shall serve six-year staggered terms but may not be appointed to more than two consecutive terms.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1172, Sec. 1.05, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 8, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 29, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter A. General Provisions › Section 419.0083. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 419.0083.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 10, 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 A. General Provisions › Section 419.0091. General Counsel

Sec. 419.0091.  GENERAL COUNSEL.  The commission may employ not more than one attorney.  The attorney shall serve as general counsel of the commission.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter A. General Provisions › Section 419.011. Complaints

Sec. 419.011.  COMPLAINTS.  (a)  The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission.  The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The commission shall make information available describing its procedures for complaint investigation and resolution.
(c)  The commission shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.09, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 12, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter A. General Provisions › Section 419.012. Technological Solutions

Sec. 419.012.  TECHNOLOGICAL SOLUTIONS.  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 13, 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 419.021. Definitions

Sec. 419.021.  DEFINITIONS.  In this subchapter:
(1)  "Aircraft rescue and fire protection personnel" means permanent, full-time local governmental employees who, as a permanent duty assignment, fight aircraft fires at airports, stand by for potential crash landings, and perform aircraft crash rescue.
(2)  "Fire department" means a department of a local government that is staffed by permanent, full-time employees of the local government and that is organized to prevent or suppress fires.
(3)  "Fire protection personnel" means:
(A)  permanent, full-time law enforcement officers designated as fire and arson investigators by an appropriate local authority;
(B)  aircraft rescue and fire protection personnel;  or
(C)  permanent, full-time fire department employees who are not secretaries, stenographers, clerks, budget analysts, or similar support staff persons or other administrative employees and who are assigned duties in one or more of the following categories:
(i)  fire suppression;
(ii)  fire inspection;
(iii)  fire and arson investigation;
(iv)  marine fire fighting;
(v)  aircraft rescue and fire fighting;
(vi)  fire training;
(vii)  fire education;
(viii)  fire administration;  and
(ix)  any other position necessarily or customarily related to fire prevention or suppression.
(4)  "Local government" means a municipality, a county, a special-purpose district or authority, or any other political subdivision of the state.
(5)  "Marine fire protection personnel" means permanent, full-time local governmental employees who work aboard a fireboat and fight fires that occur on or adjacent to a waterway, waterfront, channel, or turning basin.
(6)  "Protective clothing" means garments, including turnout coats, bunker coats, bunker pants, boots, gloves, trousers, helmets, and protective hoods, worn by fire protection personnel in the course of performing fire-fighting operations, including wildland fire suppression.
(7)  "Structure fire protection personnel" means permanent, full-time local government employees who engage in fire-fighting activities involving structures and may perform other emergency activities typically associated with fire-fighting duties such as rescue, emergency medical response, confined space rescue, hazardous materials response, and wildland fire-fighting.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.40(a), eff. Sept. 1, 1989.  Redesignated from Sec. 416.001 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 4, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1172, Sec. 2.01, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1241, Sec. 1, eff. Sept. 1, 2001.
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 419.022. General Powers Relating to This Subchapter

Sec. 419.022.  GENERAL POWERS RELATING TO THIS SUBCHAPTER.  (a)  The commission may:
(1)  require the submission of reports and information by a local governmental agency in this state that employs fire protection personnel;
(2)  assist fire departments and fire protection personnel with problems related to fire-fighting techniques, clothing, and equipment;
(3)  assist fire departments and local governments with the development and updating of local fire codes;
(4)  on request, assist in performing staffing studies of fire departments;  and
(5)  establish minimum educational, training, physical, and mental standards for admission to employment as fire protection personnel in a permanent, temporary, or probationary status and for advanced or specialized fire protection personnel positions.
(b)  The commission may not change a minimum standard under Subsection (a)(5) to a standard that is less stringent than the applicable standard set by the Commission on Fire Protection Personnel Standards and Education in rules that were in effect on August 31, 1991.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.41(a), eff. Sept. 1, 1989.  Redesignated from Sec. 416.007 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 5, eff. Sept. 1, 1993.
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 419.0225. Certain Rules Prohibited

Sec. 419.0225.  CERTAIN RULES PROHIBITED.  (a)  The commission may not adopt rules restricting competitive bidding or advertising by a certificate holder except to prohibit false, misleading, or deceptive practices.
(b)  In its rules to prohibit false, misleading, or deceptive practices, the commission may not include a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the use of a certificate holder's personal appearance or voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the certificate holder;  or
(4)  restricts the certificate holder's advertisement under a trade name.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.02, eff. Sept. 1, 1997.
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 419.024. Local Government Powers

Sec. 419.024.  LOCAL GOVERNMENT POWERS.  Except as expressly provided by this chapter, this subchapter does not limit the powers, rights, duties, or responsibilities of a local government and does not affect Chapter 143, Local Government Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.42(a), eff. Sept. 1, 1989.  Redesignated from Sec. 416.008 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
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 419.025. Manual

Sec. 419.025.  MANUAL.  The commission shall set and collect a fee for a manual that states rules and minimum standards for fire protection personnel.  The amount of the fee may not exceed the cost of preparing, printing, and distributing the manual.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.43(a), eff. Sept. 1, 1989.  Redesignated from Sec. 416.009 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
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 419.026. Fees for Certificates

Sec. 419.026.  FEES FOR CERTIFICATES.  (a)  The commission shall set and collect a fee for each certificate that the commission issues or renews under this subchapter, except that if a person holds more than one certificate the commission may collect only one fee for the renewal of those certificates.  The commission by rule shall set the amount of the fee under this subsection in an amount designed to recover the commission's costs in connection with issuing certificates under this subchapter, including the cost to the commission of obtaining fingerprint-based criminal history record information under Section 419.0325.  The employing agency or entity shall pay the fee in the manner prescribed by commission rule.  A certificate issued under this subchapter is valid for one or two years as determined by commission rule.
(b)  The commission shall set and collect a fee for each examination given to fire protection personnel for basic certification under this subchapter. The amount of the fee may not exceed the cost of preparing, printing, administering, and grading the examination.
(c)  The commission may revoke, refuse to issue, or refuse to renew the certificate of fire protection personnel for failure to pay a fee required under Subsection (a).
(d)  The commission shall send the fees authorized by Subsection (a) and Section 419.033(b) to the comptroller.  The comptroller shall deposit the fees in the general revenue fund.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.44(a), eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 798, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Sec. 416.010 and amended by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1423, Sec. 8.13, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 15, eff. January 1, 2010.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 64.01, eff. October 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 6, eff. September 1, 2021.
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 419.0265. Reciprocity

Sec. 419.0265.  RECIPROCITY.  (a)  The commission may waive any prerequisite to obtaining a certificate under this subchapter for an applicant who holds a license or certificate issued by another jurisdiction:
(1)  that has licensing or certification requirements substantially equivalent to those of this state;  or
(2)  with which this state has a reciprocity agreement.
(b)  The commission may make an agreement with another state to allow for certification by reciprocity.
Added by Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 7, eff. September 1, 2021.
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 419.027. Biennial Inspections

Sec. 419.027.  BIENNIAL INSPECTIONS.  (a)  At least biennially, the commission shall visit and inspect each institution or facility conducting courses for training fire protection personnel and recruits, each fire department, and each local governmental agency providing fire protection to determine if the department, agency, institution, or facility is complying with this chapter and commission rules.
(b)  The commission may conduct risk-based inspections of institutions and facilities in addition to the inspections under Subsection (a).  In determining whether to conduct an inspection of an institution or facility under this subsection, the commission shall consider:
(1)  how recently the institution or facility has come under regulation;
(2)  the institution's or facility's history of compliance with state law and commission rules;
(3)  the number of complaints filed with the commission regarding the institution or facility during the last year;
(4)  the number of paid personnel in the institution or facility;
(5)  the frequency of fire responses;
(6)  the institution's or facility's ability to inspect and maintain equipment; and
(7)  any other factor the commission considers appropriate to assess an institution's or facility's safety risk.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 16, eff. September 1, 2009.