| 5 | 2 | | |
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| 6 | 3 | | |
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| 7 | 4 | | A BILL TO BE ENTITLED |
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| 8 | 5 | | AN ACT |
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| 9 | 6 | | relating to the regulation of firefighters and fire departments by |
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| 10 | 7 | | the Texas Commission on Fire Protection. |
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| 11 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 9 | | SECTION 1. Subchapter B, Chapter 419, Government Code, is |
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| 13 | 10 | | amended by adding Section 419.0323 to read as follows: |
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| 14 | 11 | | Sec. 419.0323. RESTRICTIONS ON CERTAIN CERTIFICATE |
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| 15 | 12 | | HOLDERS. (a) An employee of a municipality that has adopted |
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| 16 | 13 | | Chapter 143, Local Government Code, may not perform a duty that is |
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| 17 | 14 | | classified as a wildland firefighting duty, including conducting a |
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| 18 | 15 | | prescribed burn, unless that person is a permanent, full-time fire |
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| 19 | 16 | | department civil service employee regularly assigned to perform one |
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| 20 | 17 | | or more duties listed under Section 419.021(3)(C), regardless of |
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| 21 | 18 | | whether the person holds a certificate issued by the commission |
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| 22 | 19 | | under this chapter. |
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| 23 | 20 | | (b) This section does not prohibit a municipal employee from |
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| 24 | 21 | | performing a duty that may be classified as a wildland firefighting |
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| 25 | 22 | | duty if the municipal employee: |
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| 26 | 23 | | (1) is not acting as an employee of a municipality when |
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| 27 | 24 | | performing the duty; and |
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| 28 | 25 | | (2) is acting as a member of a volunteer fire |
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| 29 | 26 | | department when performing the duty. |
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| 30 | | - | (c) The commission shall adopt and implement rules relating |
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| 27 | + | (c) This section may not be construed to prohibit a person |
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| 28 | + | certified as fire protection personnel by the commission from |
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| 29 | + | performing a wildland firefighting duty, including conducting a |
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| 30 | + | prescribed burn, under the supervision of a fire department in the |
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| 31 | + | area in which the fire department is authorized to act. |
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| 32 | + | (d |
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| 33 | + | ) The commission shall adopt and implement rules relating |
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| 31 | 34 | | to the application of this section to a fire department. |
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| 32 | 35 | | SECTION 2. The Texas Commission on Fire Protection shall |
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| 33 | 36 | | adopt the rules required under Section 419.0323, Government Code, |
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| 34 | 37 | | as added by this Act, not later than January 1, 2016. |
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| 35 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 42 | | Act takes effect September 1, 2015. |
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