Texas 2017 - 85th Regular

Texas House Bill HB1009 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Alonzo, Workman H.B. No. 1009
2		-	(Senate Sponsor - Taylor of Collin)
	1	+	By: Alonzo, Workman (Senate Sponsor - Menéndez) H.B. No. 1009
3	2		(In the Senate - Received from the House May 12, 2017;
4	3		May 16, 2017, read first time and referred to Committee on
5	4		Intergovernmental Relations; May 18, 2017, reported favorably by
6	5		the following vote: Yeas 4, Nays 3; May 18, 2017, sent to printer.)
7	6		Click here to see the committee vote
8	7
9	8
10	9		A BILL TO BE ENTITLED
11	10		AN ACT
12	11		relating to the regulation of firefighters and fire departments by
13	12		the Texas Commission on Fire Protection.
14	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	14		SECTION 1. Subchapter B, Chapter 419, Government Code, is
16	15		amended by adding Section 419.0323 to read as follows:
17	16		Sec. 419.0323. RESTRICTIONS ON CERTAIN CERTIFICATE
18	17		HOLDERS. (a) An employee of a municipality that has adopted
19	18		Chapter 143, Local Government Code, may not perform a duty that is
20	19		classified as a wildland firefighting duty, including fighting a
21	20		wildfire event that began as a prescribed burn, unless that person
22	21		is:
23	22		(1) a permanent, full-time fire department civil
24	23		service employee regularly assigned to perform one or more duties
25	24		listed under Section 419.021(3)(C); or
26	25		(2) certified by the commission to conduct fire
27	26		suppression in a wildland or wildland-urban interface setting and
28	27		is performing the wildland firefighting duty under the supervision
29	28		of a fire department that is authorized to act in the area in which
30	29		the wildland firefighting duty is being performed.
31	30		(b) This section does not prohibit a municipal employee from
32	31		performing a duty that may be classified as a wildland firefighting
33	32		duty if the municipal employee:
34	33		(1) is not acting as an employee of a municipality when
35	34		performing the duty; and
36	35		(2) is acting as a member of a volunteer fire
37	36		department when performing the duty.
38	37		(c) This section may not be construed to prohibit a
39	38		municipal employee from performing a prescribed burn in accordance
40	39		with Chapter 153, Natural Resources Code, if:
41	40		(1) the prescribed burn is monitored by one or more
42	41		permanent, full-time fire department civil service employees
43	42		regularly assigned to perform one or more duties listed under
44	43		Section 419.021(3)(C); and
45	44		(2) a fire department employee described by
46	45		Subdivision (1):
47	46		(A) reviews the burn plan for the prescribed burn
48	47		and collaborates with the prescribed burn manager to ensure the
49	48		prescribed burn is conducted safely and within the burn plan
50	49		limits; and
51	50		(B) has the authority to stop any action relating
52	51		to the prescribed burn determined by the fire department employee
53	52		to be unsafe and to take corrective action, including by:
54	53		(i) stopping an unsafe firefighting
55	54		practice;
56	55		(ii) terminating the prescribed burn to
57	56		avoid extreme fire behavior; and
58	57		(iii) assuming incident command and
59	58		converting to emergency firefighting operations if such action is
60	59		determined necessary by the fire department employee.
61	60		(d) The commission shall adopt and implement rules relating
62	61		to the application of this section to a fire department.
63	62		SECTION 2. The Texas Commission on Fire Protection shall
64	63		adopt the rules required under Section 419.0323, Government Code,
65	64		as added by this Act, not later than January 1, 2018.
66	65		SECTION 3. This Act takes effect immediately if it receives
67	66		a vote of two-thirds of all the members elected to each house, as
68	67		provided by Section 39, Article III, Texas Constitution. If this
69	68		Act does not receive the vote necessary for immediate effect, this
70	69		Act takes effect September 1, 2017.
71	70		* * * * *