Texas 2009 - 81st Regular

Texas House Bill HB3390 Compare Versions

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1	1	81R27575 JSC-D
2	2	By: Harper-Brown, Davis of Dallas, et al. H.B. No. 3390
3	3	Substitute the following for H.B. No. 3390:
4	4	By: Gutierrez C.S.H.B. No. 3390
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the continuation and functions of the Texas Commission
10	10	on Fire Protection.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Chapter 419, Government Code, is
13	13	amended to read as follows:
14	14	CHAPTER 419. TEXAS [COMMISSION ON] FIRE PROTECTION AGENCY
15	15	SECTION 2. Section 419.001(1), Government Code, is amended
16	16	to read as follows:
17	17	(1) "Commission" means the Texas [Commission on] Fire
18	18	Protection Agency.
19	19	SECTION 3. Section 419.002, Government Code, is amended to
20	20	read as follows:
21	21	Sec. 419.002. TEXAS FIRE PROTECTION AGENCY
22	22	[COMMISSION]. The Texas [Commission on] Fire Protection Agency is
23	23	an agency of the state.
24	24	SECTION 4. Subchapter A, Chapter 419, Government Code, is
25	25	amended by adding Section 419.0025 to read as follows:
26	26	Sec. 419.0025. REFERENCE. A reference in law to the Texas
27	27	Commission on Fire Protection means the Texas Fire Protection
28	28	Agency.
29	29	SECTION 5. Section 419.003, Government Code, is amended to
30	30	read as follows:
31	31	Sec. 419.003. SUNSET PROVISION. The Texas [Commission on]
32	32	Fire Protection Agency is subject to Chapter 325 (Texas Sunset
33	33	Act). Unless continued in existence as provided by that chapter,
34	34	the Texas Fire Protection Agency [commission] is abolished and this
35	35	chapter expires September 1, 2021 [2009].
36	36	SECTION 6. Section 419.004(e), Government Code, is amended
37	37	to read as follows:
38	38	(e) A person may not be [is not eligible for appointment as]
39	39	a public member of the commission if the person or the person's
40	40	spouse:
41	41	(1) is registered, certified, or licensed by a
42	42	regulatory agency in the field of fire protection [the commission];
43	43	(2) is employed by or participates in the management
44	44	of a business entity or other organization regulated by [the
45	45	commission] or receiving money [funds] from the commission;
46	46	(3) owns or controls, directly or indirectly, more
47	47	than a 10 percent interest in a business entity or other
48	48	organization regulated by [the commission] or receiving money
49	49	[funds] from the commission;
50	50	(4) uses or receives a substantial amount of tangible
51	51	goods, services, or money [funds] from the commission, other than
52	52	compensation or reimbursement authorized by law for commission
53	53	membership, attendance, or expenses; or
54	54	(5) is employed in the field of [a member of a paid or
55	55	volunteer] fire protection [department].
56	56	SECTION 7. Sections 419.005(a) and (c), Government Code,
57	57	are amended to read as follows:
58	58	(a) It is a ground for removal from the commission that [if]
59	59	a member:
60	60	(1) does not have at the time of taking office
61	61	[appointment] the qualifications required by Section 419.004;
62	62	(2) does not maintain during service on the commission
63	63	the qualifications required by Section 419.004;
64	64	(3) is ineligible for membership under [violates a
65	65	prohibition established by] Section 419.006;
66	66	(4) cannot, because of illness or disability,
67	67	discharge the member's duties for a substantial part of the member's
68	68	term [for which the member is appointed because of illness or
69	69	disability]; or
70	70	(5) is absent from more than half of the regularly
71	71	scheduled commission meetings that the member is eligible to attend
72	72	during a calendar year without an excuse approved [unless the
73	73	absence is excused] by majority vote of the commission.
74	74	(c) If the executive director has knowledge that a potential
75	75	ground for removal exists, the executive director shall notify the
76	76	presiding officer of the commission of the potential ground. The
77	77	presiding officer shall then notify the governor and the attorney
78	78	general that a potential ground for removal exists. If the
79	79	potential ground for removal involves the presiding officer, the
80	80	executive director shall notify the next highest ranking officer of
81	81	the commission, who shall then notify the governor and the attorney
82	82	general that a potential ground for removal exists.
83	83	SECTION 8. Section 419.006, Government Code, is amended to
84	84	read as follows:
85	85	Sec. 419.006. CONFLICT OF INTEREST. (a) In [An officer,
86	86	employee, or paid consultant of a Texas trade association in the
87	87	field of fire protection may not be a member of the commission or an
88	88	employee of the commission who is exempt from the state's position
89	89	classification plan or is compensated at or above the amount
90	90	prescribed by the General Appropriations Act for step 1, salary
91	91	group 17, of the position classification salary schedule.
92	92	[(b) A person who is the spouse of an officer, manager, or
93	93	paid consultant of a Texas trade association in the field of fire
94	94	protection may not be a commission member and may not be a
95	95	commission employee who is exempt from the state's position
96	96	classification plan or is compensated at or above the amount
97	97	prescribed by the General Appropriations Act for step 1, salary
98	98	group 17, of the position classification salary schedule.
99	99	[(c) For the purposes of] this section, "Texas trade
100	100	association" means [a Texas trade association is] a [nonprofit,]
101	101	cooperative[,] and voluntarily joined statewide association of
102	102	business or professional competitors in this state designed to
103	103	assist its members and its industry or profession in dealing with
104	104	mutual business or professional problems and in promoting their
105	105	common interest.
106	106	(b) A person may not be a member of the commission and may
107	107	not be a commission employee employed in a "bona fide executive,
108	108	administrative, or professional capacity," as that phrase is used
109	109	for purposes of establishing an exemption to the overtime
110	110	provisions of the federal Fair Labor Standards Act of 1938 (29
111	111	U.S.C. Section 201 et seq.), if:
112	112	(1) the person is an officer, employee, or paid
113	113	consultant of a Texas trade association in the field of fire
114	114	protection; or
115	115	(2) the person's spouse is an officer, manager, or paid
116	116	consultant of a Texas trade association in the field of fire
117	117	protection.
118	118	(c) [(d)] A person may not be [serve as] a member of the
119	119	commission or act as the general counsel to the commission or the
120	120	agency if the person is required to register as a lobbyist under
121	121	Chapter 305 because of the person's activities for compensation on
122	122	behalf of a profession related to the operation of the commission.
123	123	SECTION 9. Section 419.007(a), Government Code, is amended
124	124	to read as follows:
125	125	(a) The governor shall designate a member of the commission
126	126	[fire protection instructor appointed under Section 419.004(a)(6)
127	127	serves] as the presiding officer of the commission to serve in that
128	128	capacity at the pleasure of [unless] the governor [designates
129	129	another member as presiding officer]. The commission shall elect
130	130	from among its members an assistant presiding officer and a
131	131	secretary.
132	132	SECTION 10. Section 419.0071, Government Code, is amended
133	133	to read as follows:
134	134	Sec. 419.0071. COMMISSION MEMBER TRAINING. (a) A [To be
135	135	eligible to take office as a member of the commission, a] person who
136	136	is appointed to and qualifies for office as a member of the
137	137	commission may not vote, deliberate, or be counted as a member in
138	138	attendance at a meeting of the commission until the person
139	139	completes [must complete at least one course of] a training program
140	140	that complies with this section.
141	141	(b) The training program must provide [information to] the
142	142	person with information regarding:
143	143	(1) the [enabling] legislation that created the
144	144	commission;
145	145	(2) the programs, [operated by the commission;
146	146	[(3) the role and] functions, [of the commission;
147	147	[(4) the] rules, and [of the commission with an
148	148	emphasis on the rules that relate to disciplinary and investigatory
149	149	authority;
150	150	[(5) the current] budget of [for] the commission;
151	151	(3) [(6)] the results of the most recent formal audit
152	152	of the commission;
153	153	(4) [(7)] the requirements of laws relating to [the:
154	154	[(A)] open meetings [law], public information
155	155	[Chapter 551;
156	156	[(B) open records law, Chapter 552; and
157	157	[(C) administrative procedure law], and [Chapter
158	158	2001;
159	159	[(8) the requirements of the conflict] conflicts of
160	160	interest [interests laws and other laws relating to public
161	161	officials]; and
162	162	(5) [(9)] any applicable ethics policies adopted by
163	163	the commission [agency] or the Texas Ethics Commission.
164	164	(c) A person appointed to the commission is entitled to
165	165	reimbursement, as provided by the General Appropriations Act, for
166	166	the travel expenses incurred in attending the training program
167	167	regardless of whether the attendance at the program occurs before
168	168	or after [, as provided by the General Appropriations Act and as if]
169	169	the person qualifies for office [were a member of the commission].
170	170	SECTION 11. Subchapter A, Chapter 419, Government Code, is
171	171	amended by adding Section 419.0083 to read as follows:
172	172	Sec. 419.0083. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
173	173	RESOLUTION. (a) The commission shall develop and implement a
174	174	policy to encourage the use of:
175	175	(1) negotiated rulemaking procedures under Chapter
176	176	2008 for the adoption of commission rules; and
177	177	(2) appropriate alternative dispute resolution
178	178	procedures under Chapter 2009 to assist in the resolution of
179	179	internal and external disputes under the commission's
180	180	jurisdiction.
181	181	(b) The commission's procedures relating to alternative
182	182	dispute resolution must conform, to the extent possible, to any
183	183	model guidelines issued by the State Office of Administrative
184	184	Hearings for the use of alternative dispute resolution by state
185	185	agencies.
186	186	(c) The commission shall designate a trained person to:
187	187	(1) coordinate the implementation of the policy
188	188	adopted under Subsection (a);
189	189	(2) serve as a resource for any training needed to
190	190	implement the procedures for negotiated rulemaking or alternative
191	191	dispute resolution; and
192	192	(3) collect data concerning the effectiveness of those
193	193	procedures, as implemented by the commission.
194	194	SECTION 12. Section 419.009(c), Government Code, is amended
195	195	to read as follows:
196	196	(c) The commission shall develop and implement policies
197	197	that clearly separate the policy-making [define the respective]
198	198	responsibilities of the commission and the management
199	199	responsibilities of the executive director and the staff of the
200	200	commission.
201	201	SECTION 13. Section 419.011, Government Code, is amended to
202	202	read as follows:
203	203	Sec. 419.011. [PUBLIC INTEREST INFORMATION AND]
204	204	COMPLAINTS. (a) The commission shall maintain a system to
205	205	promptly and efficiently act on complaints filed with the
206	206	commission. The commission shall maintain information about
207	207	parties to the complaint, the subject matter of the complaint, a
208	208	summary of the results of the review or investigation of the
209	209	complaint, and its disposition.
210	210	(b) The commission shall make [prepare] information
211	211	available [of public interest] describing its [the functions of the
212	212	commission and the commission's] procedures for complaint
213	213	investigation and resolution [by which complaints are filed with
214	214	and resolved by the commission. The commission shall make the
215	215	information available to the public and appropriate state agencies.
216	216	[(b) The commission shall keep a file about each written
217	217	complaint filed with the commission that the commission has
218	218	authority to resolve. The commission shall provide to the person
219	219	filing the complaint and the persons or entities complained about
220	220	the commission's policies and procedures pertaining to complaint
221	221	investigation and resolution].
222	222	(c) The commission[, at least quarterly and until final
223	223	disposition of the complaint,] shall periodically notify the
224	224	[person filing the] complaint parties [and the persons or entities
225	225	complained about] of the status of the complaint until final
226	226	disposition [unless the notice would jeopardize an undercover
227	227	investigation.
228	228	[(c) The commission shall keep information about each
229	229	complaint filed with the commission. The information shall
230	230	include:
231	231	[(1) the date the complaint is received;
232	232	[(2) the name of the complainant;
233	233	[(3) the subject matter of the complaint;
234	234	[(4) a record of all persons contacted in relation to
235	235	the complaint;
236	236	[(5) a summary of the results of the review or
237	237	investigation of the complaint; and
238	238	[(6) for complaints for which the agency took no
239	239	action, an explanation of the reason the complaint was closed
240	240	without action.
241	241	[(d) The commission shall comply with federal and state laws
242	242	related to program and facility accessibility. The executive
243	243	director shall also prepare and maintain a written plan that
244	244	describes how a person who does not speak English can be provided
245	245	reasonable access to the commission's programs].
246	246	SECTION 14. Subchapter A, Chapter 419, Government Code, is
247	247	amended by adding Section 419.012 to read as follows:
248	248	Sec. 419.012. TECHNOLOGICAL SOLUTIONS. The commission
249	249	shall implement a policy requiring the commission to use
250	250	appropriate technological solutions to improve the commission's
251	251	ability to perform its functions. The policy must ensure that the
252	252	public is able to interact with the commission on the Internet.
253	253	SECTION 15. Section 419.021, Government Code, is amended by
254	254	adding Subdivision (8) to read as follows:
255	255	(8) "Volunteer fire department" means a fire
256	256	department operated by its members, including a part-paid fire
257	257	department, that is operated on a not-for-profit basis, including a
258	258	department that is exempt from federal income tax under Section
259	259	501(a), Internal Revenue Code of 1986, by being listed as an exempt
260	260	organization in Section 501(c)(3) of that code.
261	261	SECTION 16. Section 419.022(a), Government Code, is amended
262	262	to read as follows:
263	263	(a) The commission may:
264	264	(1) require the submission of reports and information
265	265	by a local governmental agency in this state that employs fire
266	266	protection personnel;
267	267	(2) assist fire departments, volunteer fire
268	268	departments, volunteer firefighters, and fire protection personnel
269	269	with problems related to fire-fighting techniques, clothing, and
270	270	equipment;
271	271	(3) assist fire departments and local governments with
272	272	the development and updating of local fire codes;
273	273	(4) on request, assist in performing staffing studies
274	274	of fire departments; [and]
275	275	(5) establish minimum educational, training,
276	276	physical, and mental standards for admission to employment as fire
277	277	protection personnel in a permanent, temporary, or probationary
278	278	status and for advanced or specialized fire protection personnel
279	279	positions; and
280	280	(6) establish under Subchapter D minimum educational
281	281	and training standards for volunteer firefighters.
282	282	SECTION 17. Section 419.023, Government Code, is amended by
283	283	amending Subsection (e) and adding Subsection (f) to read as
284	284	follows:
285	285	(e) On request by the commission, the [The] committee
286	286	[periodically] shall review commission rules relating to fire
287	287	protection personnel, fire departments, and other fire fighters and
288	288	fire fighting organizations that are subject to regulation under
289	289	this subchapter and recommend changes in the rules to the
290	290	commission.
291	291	(f) Appointments to the committee shall be made without
292	292	regard to the race, color, disability, sex, religion, age, or
293	293	national origin of the appointees.
294	294	SECTION 18. Section 419.026(a), Government Code, is amended
295	295	to read as follows:
296	296	(a) The commission shall set and collect a fee [of not more
297	297	than $35] for each certificate that the commission issues or renews
298	298	under this subchapter, except that if a person holds more than one
299	299	certificate the commission may collect only one fee each year for
300	300	the renewal of those certificates. The commission by rule shall set
301	301	the amount of the fee under this subsection in an amount designed to
302	302	recover the commission's costs in connection with issuing
303	303	certificates under this subchapter, including the cost to the
304	304	commission of obtaining fingerprint-based criminal history record
305	305	information under Section 419.0325. The employing agency or entity
306	306	shall pay the [this] fee in the manner prescribed [as provided] by
307	307	commission rule. The certificate must be renewed annually.
308	308	SECTION 19. Section 419.027, Government Code, is amended to
309	309	read as follows:
310	310	Sec. 419.027. BIENNIAL INSPECTIONS. (a) At least
311	311	biennially, the commission shall visit and inspect each institution
312	312	or facility conducting courses for training fire protection
313	313	personnel and recruits, each fire department, and each local
314	314	governmental agency providing fire protection to determine if the
315	315	department, agency, institution, or facility is complying with this
316	316	chapter and commission rules.
317	317	(b) The commission may conduct risk-based inspections of
318	318	institutions and facilities in addition to the inspections under
319	319	Subsection (a). In determining whether to conduct an inspection of
320	320	an institution or facility under this subsection, the commission
321	321	shall consider:
322	322	(1) how recently the institution or facility has come
323	323	under regulation;
324	324	(2) the institution's or facility's history of
325	325	compliance with state law and commission rules;
326	326	(3) the number of complaints filed with the commission
327	327	regarding the institution or facility during the last year;
328	328	(4) the number of paid personnel in the institution or
329	329	facility;
330	330	(5) the frequency of fire responses;
331	331	(6) the institution's or facility's ability to inspect
332	332	and maintain equipment; and
333	333	(7) any other factor the commission considers
334	334	appropriate to assess an institution's or facility's safety risk.
335	335	SECTION 20. Sections 419.032(a) and (d), Government Code,
336	336	are amended to read as follows:
337	337	(a) A fire department may not appoint a person to the fire
338	338	department, except on a temporary or probationary basis, unless:
339	339	(1) the person:
340	340	(A) [(1)] has satisfactorily completed a
341	341	preparatory program of training in fire protection at a school
342	342	approved by the commission; and
343	343	(B) [(2)] meets the qualifications established
344	344	by the commission under Subsection (b); and
345	345	(2) the commission has approved the person's
346	346	fingerprint-based criminal history record information under
347	347	Section 419.0325.
348	348	(d) The commission may certify persons who are qualified
349	349	under this subchapter to be fire protection personnel. The
350	350	commission shall adopt rules relating to presentation of evidence
351	351	of satisfactory completion of a program or course of instruction in
352	352	another jurisdiction equivalent in content and quality to that
353	353	required by the commission for approved fire protection education
354	354	and training programs in this state and shall issue to a person
355	355	meeting the rules and the requirements of Section 419.0325 a
356	356	certificate evidencing satisfaction of Subsections (a) and (b). The
357	357	commission may waive any certification requirement, except those
358	358	under Section 419.0325, for an applicant with a valid license from
359	359	another state having certification requirements substantially
360	360	equivalent to those of this state.
361	361	SECTION 21. Subchapter B, Chapter 419, Government Code, is
362	362	amended by adding Section 419.0325 to read as follows:
363	363	Sec. 419.0325. CRIMINAL HISTORY RECORD INFORMATION
364	364	APPROVAL REQUIRED FOR CERTIFICATION. (a) The commission may not
365	365	certify a person as fire protection personnel unless the
366	366	commission, after review, has approved fingerprint-based criminal
367	367	history record information about the person obtained from the
368	368	Department of Public Safety under Subchapter F, Chapter 411, and
369	369	from the Federal Bureau of Investigation under Section 411.087.
370	370	(b) The applicant for certification or the fire department
371	371	may submit the required fingerprint-based state and national
372	372	criminal history record information to the commission. If neither
373	373	the applicant nor the fire department submits the required criminal
374	374	history record information to the commission, the commission shall
375	375	obtain the required criminal history record information pursuant to
376	376	Sections 411.087 and 411.1236.
377	377	(c) The commission by rule shall establish criteria for
378	378	denying a person certification to be fire protection personnel
379	379	based on the person's criminal history record information. The
380	380	criteria must relate to a person's fitness to serve as fire
381	381	protection personnel.
382	382	(d) Criminal history record information received by the
383	383	commission is privileged and confidential and for commission use
384	384	only.
385	385	SECTION 22. Sections 419.034(a), (b), and (c), Government
386	386	Code, are amended to read as follows:
387	387	(a) A fire department or other employing entity may renew an
388	388	unexpired certification by, [paying to the commission] before the
389	389	expiration date of the certificate:
390	390	(1) submitting evidence satisfactory to the
391	391	commission of completion of any required professional education;
392	392	and
393	393	(2) paying to the commission the required renewal fee.
394	394	(b) If a person's certificate has been expired for 30 days
395	395	or less, the fire department or other employing entity may renew the
396	396	certificate by:
397	397	(1) submitting evidence satisfactory to the
398	398	commission of completion of any required professional education;
399	399	and
400	400	(2) paying to the commission the required renewal fee
401	401	and a fee that is one-half of the certification fee for the
402	402	certificate.
403	403	(c) If a person's certificate has been expired for longer
404	404	than 30 days but less than one year, the fire department or other
405	405	employing entity may renew the certificate by:
406	406	(1) submitting evidence satisfactory to the
407	407	commission of completion of any required professional education;
408	408	and
409	409	(2) paying to the commission all unpaid renewal fees
410	410	and a fee that is equal to the certification fee.
411	411	SECTION 23. Section 419.036, Government Code, is amended by
412	412	adding Subsections (c) and (d) to read as follows:
413	413	(c) A complaint case opened by the commission based on a
414	414	violation found during an inspection conducted under Section
415	415	419.027 must be opened not later than the 30th day after the date
416	416	the commission provides notice of the violation to the applicable
417	417	department, agency, institution, or facility.
418	418	(d) The commission by rule shall create a matrix for
419	419	determining penalty amounts and disciplinary actions for fire
420	420	departments, training providers, and certified personnel who
421	421	commit violations of this chapter or a rule adopted under this
422	422	chapter. In developing the matrix, the commission shall consider
423	423	the following factors:
424	424	(1) compliance history;
425	425	(2) seriousness of the violation;
426	426	(3) the safety threat to the public or fire personnel;
427	427	(4) any mitigating factors; and
428	428	(5) any other factors the commission considers
429	429	appropriate.
430	430	SECTION 24. Subchapter B, Chapter 419, Government Code, is
431	431	amended by adding Section 419.0366 to read as follows:
432	432	Sec. 419.0366. TRACKING AND ANALYSIS OF COMPLAINT AND
433	433	VIOLATION DATA. (a) The commission shall develop and implement a
434	434	method for tracking and categorizing the sources and types of
435	435	complaints filed with the commission and of violations of this
436	436	chapter or a rule adopted under this chapter.
437	437	(b) The commission shall analyze the complaint and
438	438	violation data maintained under Subsection (a) to identify trends
439	439	and areas that may require additional regulation or enforcement.
440	440	SECTION 25. Subchapter B, Chapter 419, Government Code, is
441	441	amended by adding Section 419.048 to read as follows:
442	442	Sec. 419.048. FIRE PROTECTION PERSONNEL INJURY DATA;
443	443	RECOMMENDATIONS TO REDUCE INJURIES. (a) Pursuant to Section
444	444	417.004, the commission and the commissioner of insurance, as
445	445	necessary to allow the agencies to perform their statutory duties,
446	446	shall transfer information between the two agencies, including
447	447	injury information from the Texas Fire Incident Reporting System
448	448	and workers' compensation data showing claims filed by fire
449	449	protection personnel.
450	450	(b) Personally identifiable information received by the
451	451	commission under this section relating to injured fire protection
452	452	personnel is confidential. The commission may not release, and a
453	453	person may not gain access to, any information that could
454	454	reasonably be expected to reveal the identity of injured fire
455	455	protection personnel.
456	456	(c) The commission shall evaluate information and data on
457	457	fire protection personnel injuries and develop recommendations for
458	458	reducing fire protection personnel injuries. The commission shall
459	459	forward the recommendations to the state fire marshal not later
460	460	than September 1 of each year for inclusion in the annual report
461	461	required by Section 417.0075.
462	462	(d) The commission shall establish criteria for evaluating
463	463	fire protection personnel injury information to determine the
464	464	nature of injuries that the commission should investigate. Based
465	465	on these investigations, the commission shall identify fire
466	466	departments in need of assistance in reducing injuries and may
467	467	provide assistance to those fire departments.
468	468	SECTION 26. Section 419.054, Government Code, is amended by
469	469	adding Subsection (e) to read as follows:
470	470	(e) Appointments to the committee shall be made without
471	471	regard to the race, color, disability, sex, religion, age, or
472	472	national origin of the appointees.
473	473	SECTION 27. Subchapter D, Chapter 419, Government Code, is
474	474	amended by adding Sections 419.074 and 419.075 to read as follows:
475	475	Sec. 419.074. RULES RELATING TO VOLUNTEER FIREFIGHTERS.
476	476	Notwithstanding that participation in any component of a program
477	477	established under this chapter remains voluntary for a volunteer
478	478	firefighter, the commission may prohibit a person from serving as a
479	479	volunteer firefighter unless the person meets certain requirements
480	480	determined by commission rule, including initial minimum education
481	481	and training requirements and continuing education requirements
482	482	that the commission may establish by rule for purposes of this
483	483	section.
484	484	Sec. 419.075. TRAINING ASSISTANCE. The commission shall
485	485	adopt rules and procedures for the administration of a training
486	486	assistance program for volunteer fire departments and volunteer
487	487	firefighters. The training assistance provided under this
488	488	subchapter may be provided by any of the methods listed in Section
489	489	419.031.
490	490	SECTION 28. Section 419.906, Government Code, is amended by
491	491	adding Subsections (d) and (e) to read as follows:
492	492	(d) The commission may enter a default order if a fire
493	493	department or training provider fails to take action to correct a
494	494	violation found during an inspection conducted under this chapter
495	495	or to request an informal settlement conference before the 61st day
496	496	after the date the commission provides to the department or
497	497	provider notice requiring the department or provider to correct the
498	498	violation.
499	499	(e) Notwithstanding Section 419.0365, the commission may
500	500	temporarily suspend a person's or regulated entity's certificate on
501	501	a determination by a panel of the commission that continued
502	502	activity by the person or entity would present an immediate threat
503	503	to the public or to fire service trainees. The panel may hold a
504	504	meeting for purposes of this subsection by teleconference call
505	505	pursuant to Section 551.125. A person or regulated entity whose
506	506	certificate is temporarily suspended under this subsection is
507	507	entitled to a hearing before the commission not later than the 14th
508	508	day after the date of the temporary suspension.
509	509	SECTION 29. Subchapter Z, Chapter 419, Government Code, is
510	510	amended by adding Section 419.908 to read as follows:
511	511	Sec. 419.908. COOPERATION WITH FEDERAL AND STATE ENTITIES
512	512	IN A DISASTER. In a declared state of disaster under Section
513	513	418.014, the commission shall coordinate with appropriate state and
514	514	federal agencies, including the governor's office of homeland
515	515	security and the Federal Emergency Management Agency.
516	516	SECTION 30. (a) As soon as practicable after the effective
517	517	date of this Act, the governor shall designate a member of the
518	518	governing body of the Texas Fire Protection Agency as the presiding
519	519	officer of the governing body pursuant to Section 419.007,
520	520	Government Code, as amended by this Act.
521	521	(b) As soon as practicable after the effective date of this
522	522	Act, the Texas Fire Protection Agency shall adopt the rules
523	523	required by Section 419.0325, Government Code, as added by this
524	524	Act, and Sections 419.026 and 419.036, Government Code, as amended
525	525	by this Act.
526	526	(c) Notwithstanding Section 419.048, Government Code, as
527	527	added by this Act, the Texas Fire Protection Agency is not required
528	528	to submit its annual recommendations to the state fire marshal for
529	529	inclusion in the report required by Section 417.0075, Government
530	530	Code, before September 1, 2010.
531	531	SECTION 31. (a) Sections 419.004, 419.006, and 419.0071(a),
532	532	Government Code, as amended by this Act, apply only to a person who
533	533	is appointed or reappointed as a member of the governing body of the
534	534	Texas Fire Protection Agency on or after the effective date of this
535	535	Act. A person appointed or reappointed as a member of the governing
536	536	body before the effective date of this Act is governed by the law in
537	537	effect immediately before that date, and the former law is
538	538	continued in effect for that purpose.
539	539	(b) Section 419.005, Government Code, as amended by this
540	540	Act, applies only to a ground for removal that occurs on or after
541	541	the effective date of this Act. A ground for removal that occurs
542	542	before the effective date of this Act is governed by the law in
543	543	effect immediately before that date, and the former law is
544	544	continued in effect for that purpose.
545	545	(c) Section 419.0071(b), Government Code, as amended by
546	546	this Act, applies only to a training program attended on or after
547	547	the effective date of this Act. A training program attended before
548	548	the effective date of this Act is governed by the law in effect
549	549	immediately before that date, and the former law is continued in
550	550	effect for that purpose.
551	551	(d) Section 419.0071(c), Government Code, as amended by
552	552	this Act, applies only to expenses incurred on or after the
553	553	effective date of this Act. Expenses incurred before the effective
554	554	date of this Act are governed by the law in effect immediately
555	555	before that date, and the former law is continued in effect for that
556	556	purpose.
557	557	(e) Section 419.026, Government Code, as amended by this
558	558	Act, applies only to a certificate issued or renewed on or after
559	559	January 1, 2010. A certificate issued or renewed before January 1,
560	560	2010, is governed by the law in effect on the date the certificate
561	561	was issued or renewed, and the former law is continued in effect for
562	562	that purpose.
563	563	(f) Section 419.032, Government Code, as amended by this
564	564	Act, and Section 419.0325, Government Code, as added by this Act,
565	565	apply only to a person who applies for an initial certificate on or
566	566	after January 1, 2010. A person who applies for an initial
567	567	certificate before January 1, 2010, is governed, even in relation
568	568	to the person's renewal of the certificate on or after that date, by
569	569	the law in effect immediately before that date, and the former law
570	570	is continued in effect for that purpose.
571	571	(g) Section 419.034, Government Code, as amended by this
572	572	Act, applies only to a certificate renewed on or after the effective
573	573	date of this Act. A certificate renewed before the effective date
574	574	of this Act is governed by the law in effect immediately before that
575	575	date, and the former law is continued in effect for that purpose.
576	576	(h) Section 419.906(d), Government Code, as added by this
577	577	Act, applies only to an order pursuant to a violation that occurs on
578	578	or after the effective date of this Act. An order pursuant to a
579	579	violation that occurs before the effective date of this Act is
580	580	governed by the law in effect immediately before that date, and the
581	581	former law is continued in effect for that purpose.
582	582	SECTION 32. (a) On September 1, 2009, the Texas Commission
583	583	on Fire Protection is renamed the Texas Fire Protection Agency.
584	584	(b) A reference in any statute or administrative rule to the
585	585	Texas Commission on Fire Protection means the Texas Fire Protection
586	586	Agency.
587	587	SECTION 33. (a) Except as provided by Subsections (b) and
588	588	(c) of this section, this Act takes effect September 1, 2009.
589	589	(b) The amendment to Section 419.026, Government Code,
590	590	takes effect January 1, 2010.
591	591	(c) The addition of Section 419.074, Government Code, takes
592	592	effect September 1, 2010.