81R5415 JSC-D By: Bonnen H.B. No. 1340 A BILL TO BE ENTITLED AN ACT relating to an exemption from Texas Commission on Fire Protection training requirements for certain aircraft fire fighting and rescue fire protection personnel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 419.038, Government Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (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: (1) has completed the training prescribed by the commission; or (2) meets the requirements of Subsection (d). (d) A person is considered to have satisfied the training requirements of this section and may be appointed to an aircraft fire fighting and rescue fire protection personnel position if the person is employed at an airport that: (1) is classified as a Class IV airport under 14 C.F.R. Part 139; and (2) holds an Airport Operating Certificate issued under 14 C.F.R. Part 139. SECTION 2. The changes in law made by this Act apply to aircraft fire fighting and rescue fire protection personnel appointed under Section 419.038, Government Code, without regard to whether the personnel were appointed on, before, or after the effective date of this Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.