Texas 2009 - 81st Regular

Texas Senate Bill SB1011 Compare Versions

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1	1	81R4828 JSC-D
2	2	By: Estes S.B. No. 1011
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Commission
8	8	on Fire Protection.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 419.003, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 419.003. SUNSET PROVISION. The Texas Commission on
13	13	Fire Protection is subject to Chapter 325 (Texas Sunset Act).
14	14	Unless continued in existence as provided by that chapter, the
15	15	commission is abolished and this chapter expires September 1, 2021
16	16	[2009].
17	17	SECTION 2. Section 419.004(e), Government Code, is amended
18	18	to read as follows:
19	19	(e) A person may not be [is not eligible for appointment as]
20	20	a public member of the commission if the person or the person's
21	21	spouse:
22	22	(1) is registered, certified, or licensed by a
23	23	regulatory agency in the field of fire protection [the commission];
24	24	(2) is employed by or participates in the management
25	25	of a business entity or other organization regulated by [the
26	26	commission] or receiving money [funds] from the commission;
27	27	(3) owns or controls, directly or indirectly, more
28	28	than a 10 percent interest in a business entity or other
29	29	organization regulated by [the commission] or receiving money
30	30	[funds] from the commission;
31	31	(4) uses or receives a substantial amount of tangible
32	32	goods, services, or money [funds] from the commission, other than
33	33	compensation or reimbursement authorized by law for commission
34	34	membership, attendance, or expenses; or
35	35	(5) is employed in the field of [a member of a paid or
36	36	volunteer] fire protection [department].
37	37	SECTION 3. Sections 419.005(a) and (c), Government Code,
38	38	are amended to read as follows:
39	39	(a) It is a ground for removal from the commission that [if]
40	40	a member:
41	41	(1) does not have at the time of taking office
42	42	[appointment] the qualifications required by Section 419.004;
43	43	(2) does not maintain during service on the commission
44	44	the qualifications required by Section 419.004;
45	45	(3) is ineligible for membership under [violates a
46	46	prohibition established by] Section 419.006;
47	47	(4) cannot, because of illness or disability,
48	48	discharge the member's duties for a substantial part of the member's
49	49	term [for which the member is appointed because of illness or
50	50	disability]; or
51	51	(5) is absent from more than half of the regularly
52	52	scheduled commission meetings that the member is eligible to attend
53	53	during a calendar year without an excuse approved [unless the
54	54	absence is excused] by majority vote of the commission.
55	55	(c) If the executive director has knowledge that a potential
56	56	ground for removal exists, the executive director shall notify the
57	57	presiding officer of the commission of the potential ground. The
58	58	presiding officer shall then notify the governor and the attorney
59	59	general that a potential ground for removal exists. If the
60	60	potential ground for removal involves the presiding officer, the
61	61	executive director shall notify the next highest ranking officer of
62	62	the commission, who shall then notify the governor and the attorney
63	63	general that a potential ground for removal exists.
64	64	SECTION 4. Section 419.006, Government Code, is amended to
65	65	read as follows:
66	66	Sec. 419.006. CONFLICT OF INTEREST. (a) In [An officer,
67	67	employee, or paid consultant of a Texas trade association in the
68	68	field of fire protection may not be a member of the commission or an
69	69	employee of the commission who is exempt from the state's position
70	70	classification plan or is compensated at or above the amount
71	71	prescribed by the General Appropriations Act for step 1, salary
72	72	group 17, of the position classification salary schedule.
73	73	[(b) A person who is the spouse of an officer, manager, or
74	74	paid consultant of a Texas trade association in the field of fire
75	75	protection may not be a commission member and may not be a
76	76	commission employee who is exempt from the state's position
77	77	classification plan or is compensated at or above the amount
78	78	prescribed by the General Appropriations Act for step 1, salary
79	79	group 17, of the position classification salary schedule.
80	80	[(c) For the purposes of] this section, "Texas trade
81	81	association" means [a Texas trade association is] a [nonprofit,]
82	82	cooperative[,] and voluntarily joined statewide association of
83	83	business or professional competitors in this state designed to
84	84	assist its members and its industry or profession in dealing with
85	85	mutual business or professional problems and in promoting their
86	86	common interest.
87	87	(b) A person may not be a member of the commission and may
88	88	not be a commission employee employed in a "bona fide executive,
89	89	administrative, or professional capacity," as that phrase is used
90	90	for purposes of establishing an exemption to the overtime
91	91	provisions of the federal Fair Labor Standards Act of 1938 (29
92	92	U.S.C. Section 201 et seq.), if:
93	93	(1) the person is an officer, employee, or paid
94	94	consultant of a Texas trade association in the field of fire
95	95	protection; or
96	96	(2) the person's spouse is an officer, manager, or paid
97	97	consultant of a Texas trade association in the field of fire
98	98	protection.
99	99	(c) [(d)] A person may not be [serve as] a member of the
100	100	commission or act as the general counsel to the commission or the
101	101	agency if the person is required to register as a lobbyist under
102	102	Chapter 305 because of the person's activities for compensation on
103	103	behalf of a profession related to the operation of the commission.
104	104	SECTION 5. Section 419.007(a), Government Code, is amended
105	105	to read as follows:
106	106	(a) The governor shall designate a member of the commission
107	107	[fire protection instructor appointed under Section 419.004(a)(6)
108	108	serves] as the presiding officer of the commission to serve in that
109	109	capacity at the pleasure of [unless] the governor [designates
110	110	another member as presiding officer]. The commission shall elect
111	111	from among its members an assistant presiding officer and a
112	112	secretary.
113	113	SECTION 6. Section 419.0071, Government Code, is amended to
114	114	read as follows:
115	115	Sec. 419.0071. COMMISSION MEMBER TRAINING. (a) A [To be
116	116	eligible to take office as a member of the commission, a] person who
117	117	is appointed to and qualifies for office as a member of the
118	118	commission may not vote, deliberate, or be counted as a member in
119	119	attendance at a meeting of the commission until the person
120	120	completes [must complete at least one course of] a training program
121	121	that complies with this section.
122	122	(b) The training program must provide [information to] the
123	123	person with information regarding:
124	124	(1) the [enabling] legislation that created the
125	125	commission;
126	126	(2) the programs, [operated by the commission;
127	127	[(3) the role and] functions, [of the commission;
128	128	[(4) the] rules, and [of the commission with an
129	129	emphasis on the rules that relate to disciplinary and investigatory
130	130	authority;
131	131	[(5) the current] budget of [for] the commission;
132	132	(3) [(6)] the results of the most recent formal audit
133	133	of the commission;
134	134	(4) [(7)] the requirements of laws relating to [the:
135	135	[(A)] open meetings [law], public information
136	136	[Chapter 551;
137	137	[(B) open records law, Chapter 552; and
138	138	[(C) administrative procedure law], and [Chapter
139	139	2001;
140	140	[(8) the requirements of the conflict] conflicts of
141	141	interest [interests laws and other laws relating to public
142	142	officials]; and
143	143	(5) [(9)] any applicable ethics policies adopted by
144	144	the commission [agency] or the Texas Ethics Commission.
145	145	(c) A person appointed to the commission is entitled to
146	146	reimbursement, as provided by the General Appropriations Act, for
147	147	the travel expenses incurred in attending the training program
148	148	regardless of whether the attendance at the program occurs before
149	149	or after [, as provided by the General Appropriations Act and as if]
150	150	the person qualifies for office [were a member of the commission].
151	151	SECTION 7. Section 419.008(c), Government Code, is amended
152	152	to read as follows:
153	153	(c) The commission shall perform duties assigned by law to
154	154	the Commission on Fire Protection Personnel Standards and Education
155	155	[or to the Fire Department Emergency Board].
156	156	SECTION 8. Section 419.0082(a), Government Code, is amended
157	157	to read as follows:
158	158	(a) In adopting or amending a rule under Section 419.008(a)
159	159	or any other law, the commission may [shall] seek the input of the
160	160	fire fighter advisory committee and may request[, when appropriate,
161	161	the funds allocation advisory committee. The commission shall
162	162	permit] the [appropriate] advisory committee to review and comment
163	163	on any proposed rule, including a proposed amendment to a rule,
164	164	before the rule is adopted.
165	165	SECTION 9. Subchapter A, Chapter 419, Government Code, is
166	166	amended by adding Section 419.0083 to read as follows:
167	167	Sec. 419.0083. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
168	168	RESOLUTION. (a) The commission shall develop and implement a
169	169	policy to encourage the use of:
170	170	(1) negotiated rulemaking procedures under Chapter
171	171	2008 for the adoption of commission rules; and
172	172	(2) appropriate alternative dispute resolution
173	173	procedures under Chapter 2009 to assist in the resolution of
174	174	internal and external disputes under the commission's
175	175	jurisdiction.
176	176	(b) The commission's procedures relating to alternative
177	177	dispute resolution must conform, to the extent possible, to any
178	178	model guidelines issued by the State Office of Administrative
179	179	Hearings for the use of alternative dispute resolution by state
180	180	agencies.
181	181	(c) The commission shall designate a trained person to:
182	182	(1) coordinate the implementation of the policy
183	183	adopted under Subsection (a);
184	184	(2) serve as a resource for any training needed to
185	185	implement the procedures for negotiated rulemaking or alternative
186	186	dispute resolution; and
187	187	(3) collect data concerning the effectiveness of those
188	188	procedures, as implemented by the commission.
189	189	SECTION 10. Section 419.009(c), Government Code, is amended
190	190	to read as follows:
191	191	(c) The commission shall develop and implement policies
192	192	that clearly separate the policy-making [define the respective]
193	193	responsibilities of the commission and the management
194	194	responsibilities of the executive director and the staff of the
195	195	commission.
196	196	SECTION 11. Section 419.011, Government Code, is amended to
197	197	read as follows:
198	198	Sec. 419.011. [PUBLIC INTEREST INFORMATION AND]
199	199	COMPLAINTS. (a) The commission shall maintain a system to
200	200	promptly and efficiently act on complaints filed with the
201	201	commission. The commission shall maintain information about
202	202	parties to the complaint, the subject matter of the complaint, a
203	203	summary of the results of the review or investigation of the
204	204	complaint, and its disposition.
205	205	(b) The commission shall make [prepare] information
206	206	available [of public interest] describing its [the functions of the
207	207	commission and the commission's] procedures for complaint
208	208	investigation and resolution [by which complaints are filed with
209	209	and resolved by the commission. The commission shall make the
210	210	information available to the public and appropriate state agencies.
211	211	[(b) The commission shall keep a file about each written
212	212	complaint filed with the commission that the commission has
213	213	authority to resolve. The commission shall provide to the person
214	214	filing the complaint and the persons or entities complained about
215	215	the commission's policies and procedures pertaining to complaint
216	216	investigation and resolution].
217	217	(c) The commission[, at least quarterly and until final
218	218	disposition of the complaint,] shall periodically notify the
219	219	[person filing the] complaint parties [and the persons or entities
220	220	complained about] of the status of the complaint until final
221	221	disposition [unless the notice would jeopardize an undercover
222	222	investigation.
223	223	[(c) The commission shall keep information about each
224	224	complaint filed with the commission. The information shall
225	225	include:
226	226	[(1) the date the complaint is received;
227	227	[(2) the name of the complainant;
228	228	[(3) the subject matter of the complaint;
229	229	[(4) a record of all persons contacted in relation to
230	230	the complaint;
231	231	[(5) a summary of the results of the review or
232	232	investigation of the complaint; and
233	233	[(6) for complaints for which the agency took no
234	234	action, an explanation of the reason the complaint was closed
235	235	without action.
236	236	[(d) The commission shall comply with federal and state laws
237	237	related to program and facility accessibility. The executive
238	238	director shall also prepare and maintain a written plan that
239	239	describes how a person who does not speak English can be provided
240	240	reasonable access to the commission's programs].
241	241	SECTION 12. Subchapter A, Chapter 419, Government Code, is
242	242	amended by adding Section 419.012 to read as follows:
243	243	Sec. 419.012. TECHNOLOGICAL SOLUTIONS. The commission
244	244	shall implement a policy requiring the commission to use
245	245	appropriate technological solutions to improve the commission's
246	246	ability to perform its functions. The policy must ensure that the
247	247	public is able to interact with the commission on the Internet.
248	248	SECTION 13. Section 419.023(e), Government Code, is amended
249	249	to read as follows:
250	250	(e) On request by the commission, the [The] committee
251	251	[periodically] shall review commission rules relating to fire
252	252	protection personnel, fire departments, and other fire fighters and
253	253	fire fighting organizations that are subject to regulation under
254	254	this subchapter and recommend changes in the rules to the
255	255	commission.
256	256	SECTION 14. Section 419.026(a), Government Code, is amended
257	257	to read as follows:
258	258	(a) The commission shall set and collect a fee [of not more
259	259	than $35] for each certificate that the commission issues or renews
260	260	under this subchapter, except that if a person holds more than one
261	261	certificate the commission may collect only one fee each year for
262	262	the renewal of those certificates. The commission by rule shall set
263	263	the amount of the fee under this subsection in an amount designed to
264	264	recover the commission's costs in connection with issuing
265	265	certificates under this subchapter, including the cost to the
266	266	commission of obtaining fingerprint-based criminal history record
267	267	information under Section 419.0325. The employing agency or entity
268	268	shall pay the [this] fee in the manner prescribed [as provided] by
269	269	commission rule. The certificate must be renewed annually.
270	270	SECTION 15. Section 419.027, Government Code, is amended to
271	271	read as follows:
272	272	Sec. 419.027. BIENNIAL INSPECTIONS. (a) At least
273	273	biennially, the commission shall visit and inspect each institution
274	274	or facility conducting courses for training fire protection
275	275	personnel and recruits, each fire department, and each local
276	276	governmental agency providing fire protection to determine if the
277	277	department, agency, institution, or facility is complying with this
278	278	chapter and commission rules.
279	279	(b) The commission may conduct risk-based inspections of
280	280	institutions and facilities in addition to the inspections under
281	281	Subsection (a). In determining whether to conduct an inspection of
282	282	an institution or facility under this subsection, the commission
283	283	shall consider:
284	284	(1) how recently the institution or facility has come
285	285	under regulation;
286	286	(2) the institution's or facility's history of
287	287	compliance with state law and commission rules;
288	288	(3) the number of complaints filed with the commission
289	289	regarding the institution or facility during the last year;
290	290	(4) the number of paid personnel in the institution or
291	291	facility;
292	292	(5) the frequency of fire responses;
293	293	(6) the institution's or facility's ability to inspect
294	294	and maintain equipment; and
295	295	(7) any other factor the commission considers
296	296	appropriate to assess an institution's or facility's safety risk.
297	297	SECTION 16. Sections 419.032(a) and (d), Government Code,
298	298	are amended to read as follows:
299	299	(a) A fire department may not appoint a person to the fire
300	300	department, except on a temporary or probationary basis, unless:
301	301	(1) the person:
302	302	(A) [(1)] has satisfactorily completed a
303	303	preparatory program of training in fire protection at a school
304	304	approved by the commission; and
305	305	(B) [(2)] meets the qualifications established
306	306	by the commission under Subsection (b); and
307	307	(2) the commission has approved the person's
308	308	fingerprint-based criminal history record information under
309	309	Section 419.0325.
310	310	(d) The commission may certify persons who are qualified
311	311	under this subchapter to be fire protection personnel. The
312	312	commission shall adopt rules relating to presentation of evidence
313	313	of satisfactory completion of a program or course of instruction in
314	314	another jurisdiction equivalent in content and quality to that
315	315	required by the commission for approved fire protection education
316	316	and training programs in this state and shall issue to a person
317	317	meeting the rules and the requirements of Section 419.0325 a
318	318	certificate evidencing satisfaction of Subsections (a) and (b). The
319	319	commission may waive any certification requirement, except those
320	320	under Section 419.0325, for an applicant with a valid license from
321	321	another state having certification requirements substantially
322	322	equivalent to those of this state.
323	323	SECTION 17. Subchapter B, Chapter 419, Government Code, is
324	324	amended by adding Section 419.0325 to read as follows:
325	325	Sec. 419.0325. CRIMINAL HISTORY RECORD INFORMATION
326	326	APPROVAL REQUIRED FOR CERTIFICATION. (a) The commission may not
327	327	certify a person as fire protection personnel unless the
328	328	commission, after review, has approved fingerprint-based criminal
329	329	history record information about the person obtained from the
330	330	Department of Public Safety under Subchapter F, Chapter 411, and
331	331	from the Federal Bureau of Investigation under Section 411.087.
332	332	(b) The applicant for certification or the fire department
333	333	may submit the required fingerprint-based state and national
334	334	criminal history record information to the commission. If neither
335	335	the applicant nor the fire department submits the required criminal
336	336	history record information to the commission, the commission shall
337	337	obtain the required criminal history record information pursuant to
338	338	Sections 411.087 and 411.1236.
339	339	(c) The commission by rule shall establish criteria for
340	340	denying a person certification to be fire protection personnel
341	341	based on the person's criminal history record information. The
342	342	criteria must relate to a person's fitness to serve as fire
343	343	protection personnel.
344	344	(d) Criminal history record information received by the
345	345	commission is privileged and confidential and for commission use
346	346	only.
347	347	SECTION 18. Sections 419.034(a), (b), and (c), Government
348	348	Code, are amended to read as follows:
349	349	(a) A fire department or other employing entity may renew an
350	350	unexpired certification by, [paying to the commission] before the
351	351	expiration date of the certificate:
352	352	(1) submitting evidence satisfactory to the
353	353	commission of completion of any required professional education;
354	354	and
355	355	(2) paying to the commission the required renewal fee.
356	356	(b) If a person's certificate has been expired for 30 days
357	357	or less, the fire department or other employing entity may renew the
358	358	certificate by:
359	359	(1) submitting evidence satisfactory to the
360	360	commission of completion of any required professional education;
361	361	and
362	362	(2) paying to the commission the required renewal fee
363	363	and a fee that is one-half of the certification fee for the
364	364	certificate.
365	365	(c) If a person's certificate has been expired for longer
366	366	than 30 days but less than one year, the fire department or other
367	367	employing entity may renew the certificate by:
368	368	(1) submitting evidence satisfactory to the
369	369	commission of completion of any required professional education;
370	370	and
371	371	(2) paying to the commission all unpaid renewal fees
372	372	and a fee that is equal to the certification fee.
373	373	SECTION 19. Section 419.036, Government Code, is amended by
374	374	adding Subsections (c) and (d) to read as follows:
375	375	(c) A complaint case opened by the commission based on a
376	376	violation found during an inspection conducted under Section
377	377	419.027 must be opened not later than the 30th day after the date
378	378	the commission provides notice of the violation to the applicable
379	379	department, agency, institution, or facility.
380	380	(d) The commission by rule shall create a matrix for
381	381	determining penalty amounts and disciplinary actions for fire
382	382	departments, training providers, and certified personnel who
383	383	commit violations of this chapter or a rule adopted under this
384	384	chapter. In developing the matrix, the commission shall consider
385	385	the following factors:
386	386	(1) compliance history;
387	387	(2) seriousness of the violation;
388	388	(3) the safety threat to the public or fire personnel;
389	389	(4) any mitigating factors; and
390	390	(5) any other factors the commission considers
391	391	appropriate.
392	392	SECTION 20. Subchapter B, Chapter 419, Government Code, is
393	393	amended by adding Section 419.0366 to read as follows:
394	394	Sec. 419.0366. TRACKING AND ANALYSIS OF COMPLAINT AND
395	395	VIOLATION DATA. (a) The commission shall develop and implement a
396	396	method for tracking and categorizing the sources and types of
397	397	complaints filed with the commission and of violations of this
398	398	chapter or a rule adopted under this chapter.
399	399	(b) The commission shall analyze the complaint and
400	400	violation data maintained under Subsection (a) to identify trends
401	401	and areas that may require additional regulation or enforcement.
402	402	SECTION 21. Subchapter B, Chapter 419, Government Code, is
403	403	amended by adding Section 419.048 to read as follows:
404	404	Sec. 419.048. FIRE PROTECTION PERSONNEL INJURY DATA;
405	405	RECOMMENDATIONS TO REDUCE INJURIES. (a) Pursuant to Section
406	406	417.004, the commission and the commissioner of insurance, as
407	407	necessary to allow the agencies to perform their statutory duties,
408	408	shall transfer information between the two agencies, including
409	409	injury information from the Texas Fire Incident Reporting System
410	410	and workers' compensation data showing claims filed by fire
411	411	protection personnel.
412	412	(b) Personally identifiable information received by the
413	413	commission under this section relating to injured fire protection
414	414	personnel is confidential. The commission may not release, and a
415	415	person may not gain access to, any information that could
416	416	reasonably be expected to reveal the identity of injured fire
417	417	protection personnel.
418	418	(c) The commission shall evaluate information and data on
419	419	fire protection personnel injuries and develop recommendations for
420	420	reducing fire protection personnel injuries. The commission shall
421	421	forward the recommendations to the state fire marshal not later
422	422	than September 1 of each year for inclusion in the annual report
423	423	required by Section 417.0075.
424	424	(d) The commission shall establish criteria for evaluating
425	425	fire protection personnel injury information to determine the
426	426	nature of injuries that the commission should investigate. Based
427	427	on these investigations, the commission shall identify fire
428	428	departments in need of assistance in reducing injuries and may
429	429	provide assistance to those fire departments.
430	430	SECTION 22. Section 419.906, Government Code, is amended by
431	431	adding Subsections (d) and (e) to read as follows:
432	432	(d) The commission may enter a default order if a fire
433	433	department or training provider fails to take action to correct a
434	434	violation found during an inspection conducted under this chapter
435	435	or to request an informal settlement conference before the 61st day
436	436	after the date the commission provides to the department or
437	437	provider notice requiring the department or provider to correct the
438	438	violation.
439	439	(e) Notwithstanding Section 419.0365, the commission may
440	440	temporarily suspend a person's or regulated entity's certificate on
441	441	a determination by a panel of the commission that continued
442	442	activity by the person or entity would present an immediate threat
443	443	to the public or to fire service trainees. The panel may hold a
444	444	meeting for purposes of this subsection by teleconference call
445	445	pursuant to Section 551.125. A person or regulated entity whose
446	446	certificate is temporarily suspended under this subsection is
447	447	entitled to a hearing before the commission not later than the 14th
448	448	day after the date of the temporary suspension.
449	449	SECTION 23. Subchapter G, Chapter 614, Government Code, is
450	450	amended by adding Section 614.105 to read as follows:
451	451	Sec. 614.105. SEPARATE ACCOUNT FOR MONEY FROM TEXAS
452	452	COMMISSION ON FIRE PROTECTION. (a) The service shall maintain a
453	453	separate account within the volunteer fire department assistance
454	454	fund.
455	455	(b) The account shall contain money:
456	456	(1) previously appropriated to the Texas Commission on
457	457	Fire Protection for the administration of the fire department
458	458	emergency program and transferred to the service;
459	459	(2) received from the repayment of outstanding loans
460	460	transferred to the service from the Texas Commission on Fire
461	461	Protection fire department emergency program; and
462	462	(3) from any legislative appropriations for the
463	463	purposes of Subsection (c).
464	464	(c) The money in the account may be used only to award grants
465	465	for scholarships for the education and training of firefighters to
466	466	or for purchasing necessary fire-fighting equipment and facilities
467	467	for:
468	468	(1) a fire department operated by its members, some of
469	469	whom are volunteers and some of whom are paid; or
470	470	(2) a volunteer fire department.
471	471	(d) The service shall administer all outstanding loans
472	472	transferred from the Texas Commission on Fire Protection fire
473	473	department emergency program and deposit money obtained as
474	474	repayment of those loans to the credit of the account created under
475	475	this section.
476	476	SECTION 24. (a) Sections 419.0082(b), (c), and (d),
477	477	Government Code, are repealed.
478	478	(b) Subchapter C, Chapter 419, Government Code, is
479	479	repealed.
480	480	SECTION 25. (a) As soon as practicable after the effective
481	481	date of this Act, the governor shall designate a member of the Texas
482	482	Commission on Fire Protection as the presiding officer of the
483	483	commission pursuant to Section 419.007, Government Code, as amended
484	484	by this Act.
485	485	(b) As soon as practicable after the effective date of this
486	486	Act, the Texas Commission on Fire Protection shall adopt the rules
487	487	required by Section 419.0325, Government Code, as added by this
488	488	Act, and Sections 419.026 and 419.036, Government Code, as amended
489	489	by this Act.
490	490	(c) Notwithstanding Section 419.048, Government Code, as
491	491	added by this Act, the Texas Commission on Fire Protection is not
492	492	required to submit its annual recommendations to the state fire
493	493	marshal for inclusion in the report required by Section 417.0075,
494	494	Government Code, before September 1, 2010.
495	495	SECTION 26. (a) As soon as practicable after the effective
496	496	date of this Act, the Texas Commission on Fire Protection and the
497	497	Texas Forest Service shall develop and enter into a memorandum of
498	498	understanding regarding the transfer described in this section.
499	499	(b) In accordance with the transition plan developed by the
500	500	Texas Commission on Fire Protection and the Texas Forest Service
501	501	under Subsection (a) of this section, on January 1, 2010:
502	502	(1) the fire department emergency program under
503	503	Subchapter C, Chapter 419, Government Code, is abolished;
504	504	(2) all money, loans and other contracts, leases,
505	505	property, and obligations of the Texas Commission on Fire
506	506	Protection related to the fire department emergency program are
507	507	transferred to the Texas Forest Service; and
508	508	(3) the unexpended and unobligated balance of any
509	509	money appropriated by the legislature for the Texas Commission on
510	510	Fire Protection related to the fire department emergency program is
511	511	transferred to the Texas Forest Service.
512	512	(c) Before January 1, 2010, the Texas Commission on Fire
513	513	Protection may agree with the Texas Forest Service to transfer any
514	514	property of the fire department emergency program to implement the
515	515	transfer required by this Act.
516	516	SECTION 27. (a) Sections 419.004, 419.006, and 419.0071(a),
517	517	Government Code, as amended by this Act, apply only to a person who
518	518	is appointed or reappointed as a member of the Texas Commission on
519	519	Fire Protection on or after the effective date of this Act. A
520	520	person appointed or reappointed as a member of the commission
521	521	before the effective date of this Act is governed by the law in
522	522	effect immediately before that date, and the former law is
523	523	continued in effect for that purpose.
524	524	(b) Section 419.005, Government Code, as amended by this
525	525	Act, applies only to a ground for removal that occurs on or after
526	526	the effective date of this Act. A ground for removal that occurs
527	527	before the effective date of this Act is governed by the law in
528	528	effect immediately before that date, and the former law is
529	529	continued in effect for that purpose.
530	530	(c) Section 419.0071(b), Government Code, as amended by
531	531	this Act, applies only to a training program attended on or after
532	532	the effective date of this Act. A training program attended before
533	533	the effective date of this Act is governed by the law in effect
534	534	immediately before that date, and the former law is continued in
535	535	effect for that purpose.
536	536	(d) Section 419.0071(c), Government Code, as amended by
537	537	this Act, applies only to expenses incurred on or after the
538	538	effective date of this Act. Expenses incurred before the effective
539	539	date of this Act are governed by the law in effect immediately
540	540	before that date, and the former law is continued in effect for that
541	541	purpose.
542	542	(e) Section 419.0082, Government Code, as amended by this
543	543	Act, applies to a rule adopted on or after the effective date of
544	544	this Act. A rule adopted before the effective date of this Act is
545	545	governed by the law in effect immediately before that date, and the
546	546	former law is continued in effect for that purpose.
547	547	(f) Section 419.026, Government Code, as amended by this
548	548	Act, applies only to a certificate issued or renewed on or after
549	549	January 1, 2010. A certificate issued or renewed before January 1,
550	550	2010, is governed by the law in effect on the date the certificate
551	551	was issued or renewed, and the former law is continued in effect for
552	552	that purpose.
553	553	(g) Section 419.032, Government Code, as amended by this
554	554	Act, and Section 419.0325, Government Code, as added by this Act,
555	555	apply only to a person who applies for an initial certificate on or
556	556	after January 1, 2010. A person who applies for an initial
557	557	certificate before January 1, 2010, is governed, even in relation
558	558	to the person's renewal of the certificate on or after that date, by
559	559	the law in effect immediately before that date, and the former law
560	560	is continued in effect for that purpose.
561	561	(h) Section 419.034, Government Code, as amended by this
562	562	Act, applies to a certificate renewed on or after the effective date
563	563	of this Act. A certificate renewed before the effective date of
564	564	this Act is governed by the law in effect immediately before that
565	565	date, and the former law is continued in effect for that purpose.
566	566	(i) Section 419.906(d), Government Code, as added by this
567	567	Act, applies only to an order pursuant to a violation that occurs on
568	568	or after the effective date of this Act. An order pursuant to a
569	569	violation that occurs before the effective date of this Act is
570	570	governed by the law in effect immediately before that date, and the
571	571	former law is continued in effect for that purpose.
572	572	SECTION 28. (a) Except as provided by Subsection (b) of
573	573	this section, this Act takes effect September 1, 2009.
574	574	(b) The following changes in law take effect January 1,
575	575	2010:
576	576	(1) the repeal of Subchapter C, Chapter 419,
577	577	Government Code;
578	578	(2) the amendment to Section 419.026, Government Code;
579	579	and
580	580	(3) the amendment to Subchapter G, Chapter 614,
581	581	Government Code.