82R21291 CJC-F
By: Martinez H.B. No. 3735
Substitute the following for H.B. No. 3735:
By: Dutton C.S.H.B. No. 3735
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the Texas Commission on Fire
Protection and the disposition of certain fees collected by the
commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 419.004(a), Government Code, is amended
to read as follows:
(a) The commission is composed of the following 13 members:
(1) two members to be selected from a list of five
names submitted by the Texas Fire Chiefs Association who are chief
officers with a minimum rank that is equivalent to the position
immediately below that of the fire chief and who are employed in
fire departments as defined by Section 419.021 that are under the
jurisdiction of the commission, at least one of whom must be the
head of a fire department and one of whom must be employed by a
political subdivision with a population of less than 150,000
[100,000];
(2) two members to be selected from a list of five
names submitted by the Texas State Association of Fire Fighters who
are fire protection personnel as defined by Section 419.021 with
the rank of battalion chief or below and who are employed in fire
departments or other appropriate local authorities under the
jurisdiction of the commission, one of whom must be employed by a
political subdivision with a population of less than 150,000
[100,000];
(3) two members to be selected from a list of five
names submitted by the State Firemen's and Fire Marshals'
Association of Texas who are volunteer fire chiefs or volunteer
fire fighters;
(4) one certified fire protection engineer;
(5) one certified arson investigator or certified fire
protection inspector;
(6) one fire protection instructor from an institution
of higher education as defined by Section 61.003, Education Code;
and
(7) four public members.
SECTION 2. Section 419.026(d), Government Code, is amended
to read as follows:
(d) The commission shall send the fees authorized by
Subsection (a) and Section 419.033(b) to the comptroller. The
comptroller [, who] shall deposit a portion [50 percent] of the fees
collected [annually] into [the general revenue fund and 50 percent
of the fees collected annually into] a special account in the
general revenue fund dedicated for use by the commission. In any
state fiscal biennium, the comptroller may not deposit into the
account fees in an amount that exceeds the amount appropriated to
the commission for that biennium, less any other amount
appropriated to the commission from a source other than the fees.
The account is exempt from the application of Section 403.095. The
comptroller shall deposit the remainder of the fees in the general
revenue fund. [Except as otherwise provided by this chapter, 50
percent of the special fund created under this subsection may be
used only to defray the commission's costs in performing
inspections under Section 419.027 and the other 50 percent may be
used only to provide training assistance under Section 419.031.]
SECTION 3. The dedication of certain fees to a special
account in the general revenue fund dedicated for use by the Texas
Commission on Fire Protection under Section 419.026(d), Government
Code, was abolished effective August 31, 1995, under former Section
403.094(h), Government Code, as enacted by Section 11.04, Chapter 4
(S.B. 3), Acts of the 72nd Legislature, 1st Called Session, 1991.
Those fees are rededicated to that fund by this Act.
SECTION 4. 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, 2011.