Texas 2011 - 82nd Regular

Texas House Bill HB3735 Compare Versions

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Old	New	Differences
1	1	82R21291 CJC-F
2	2	By: Martinez H.B. No. 3735
3	3	Substitute the following for H.B. No. 3735:
4	4	By: Dutton C.S.H.B. No. 3735
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the composition of the Texas Commission on Fire
10	10	Protection and the disposition of certain fees collected by the
11	11	commission.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 419.004(a), Government Code, is amended
14	14	to read as follows:
15	15	(a) The commission is composed of the following 13 members:
16	16	(1) two members to be selected from a list of five
17	17	names submitted by the Texas Fire Chiefs Association who are chief
18	18	officers with a minimum rank that is equivalent to the position
19	19	immediately below that of the fire chief and who are employed in
20	20	fire departments as defined by Section 419.021 that are under the
21	21	jurisdiction of the commission, at least one of whom must be the
22	22	head of a fire department and one of whom must be employed by a
23	23	political subdivision with a population of less than 150,000
24	24	[100,000];
25	25	(2) two members to be selected from a list of five
26	26	names submitted by the Texas State Association of Fire Fighters who
27	27	are fire protection personnel as defined by Section 419.021 with
28	28	the rank of battalion chief or below and who are employed in fire
29	29	departments or other appropriate local authorities under the
30	30	jurisdiction of the commission, one of whom must be employed by a
31	31	political subdivision with a population of less than 150,000
32	32	[100,000];
33	33	(3) two members to be selected from a list of five
34	34	names submitted by the State Firemen's and Fire Marshals'
35	35	Association of Texas who are volunteer fire chiefs or volunteer
36	36	fire fighters;
37	37	(4) one certified fire protection engineer;
38	38	(5) one certified arson investigator or certified fire
39	39	protection inspector;
40	40	(6) one fire protection instructor from an institution
41	41	of higher education as defined by Section 61.003, Education Code;
42	42	and
43	43	(7) four public members.
44	44	SECTION 2. Section 419.026(d), Government Code, is amended
45	45	to read as follows:
46	46	(d) The commission shall send the fees authorized by
47	47	Subsection (a) and Section 419.033(b) to the comptroller. The
48	48	comptroller [, who] shall deposit a portion [50 percent] of the fees
49	49	collected [annually] into [the general revenue fund and 50 percent
50	50	of the fees collected annually into] a special account in the
51	51	general revenue fund dedicated for use by the commission. In any
52	52	state fiscal biennium, the comptroller may not deposit into the
53	53	account fees in an amount that exceeds the amount appropriated to
54	54	the commission for that biennium, less any other amount
55	55	appropriated to the commission from a source other than the fees.
56	56	The account is exempt from the application of Section 403.095. The
57	57	comptroller shall deposit the remainder of the fees in the general
58	58	revenue fund. [Except as otherwise provided by this chapter, 50
59	59	percent of the special fund created under this subsection may be
60	60	used only to defray the commission's costs in performing
61	61	inspections under Section 419.027 and the other 50 percent may be
62	62	used only to provide training assistance under Section 419.031.]
63	63	SECTION 3. The dedication of certain fees to a special
64	64	account in the general revenue fund dedicated for use by the Texas
65	65	Commission on Fire Protection under Section 419.026(d), Government
66	66	Code, was abolished effective August 31, 1995, under former Section
67	67	403.094(h), Government Code, as enacted by Section 11.04, Chapter 4
68	68	(S.B. 3), Acts of the 72nd Legislature, 1st Called Session, 1991.
69	69	Those fees are rededicated to that fund by this Act.
70	70	SECTION 4. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2011.