By: Alonzo, Workman H.B. No. 1009
(Senate Sponsor - Taylor of Collin)
(In the Senate - Received from the House May 12, 2017;
May 16, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2017, reported favorably by
the following vote: Yeas 4, Nays 3; May 18, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of firefighters and fire departments by
the Texas Commission on Fire Protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 419, Government Code, is
amended by adding Section 419.0323 to read as follows:
Sec. 419.0323. RESTRICTIONS ON CERTAIN CERTIFICATE
HOLDERS. (a) An employee of a municipality that has adopted
Chapter 143, Local Government Code, may not perform a duty that is
classified as a wildland firefighting duty, including fighting a
wildfire event that began as a prescribed burn, unless that person
is:
(1) a permanent, full-time fire department civil
service employee regularly assigned to perform one or more duties
listed under Section 419.021(3)(C); or
(2) certified by the commission to conduct fire
suppression in a wildland or wildland-urban interface setting and
is performing the wildland firefighting duty under the supervision
of a fire department that is authorized to act in the area in which
the wildland firefighting duty is being performed.
(b) This section does not prohibit a municipal employee from
performing a duty that may be classified as a wildland firefighting
duty if the municipal employee:
(1) is not acting as an employee of a municipality when
performing the duty; and
(2) is acting as a member of a volunteer fire
department when performing the duty.
(c) This section may not be construed to prohibit a
municipal employee from performing a prescribed burn in accordance
with Chapter 153, Natural Resources Code, if:
(1) the prescribed burn is monitored by one or more
permanent, full-time fire department civil service employees
regularly assigned to perform one or more duties listed under
Section 419.021(3)(C); and
(2) a fire department employee described by
Subdivision (1):
(A) reviews the burn plan for the prescribed burn
and collaborates with the prescribed burn manager to ensure the
prescribed burn is conducted safely and within the burn plan
limits; and
(B) has the authority to stop any action relating
to the prescribed burn determined by the fire department employee
to be unsafe and to take corrective action, including by:
(i) stopping an unsafe firefighting
practice;
(ii) terminating the prescribed burn to
avoid extreme fire behavior; and
(iii) assuming incident command and
converting to emergency firefighting operations if such action is
determined necessary by the fire department employee.
(d) The commission shall adopt and implement rules relating
to the application of this section to a fire department.
SECTION 2. The Texas Commission on Fire Protection shall
adopt the rules required under Section 419.0323, Government Code,
as added by this Act, not later than January 1, 2018.
SECTION 3. 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, 2017.
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