CHAPTER 419. TEXAS COMMISSION ON FIRE PROTECTION

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION

CHAPTER 419. TEXAS COMMISSION ON FIRE PROTECTION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 419.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission on Fire Protection.

(2) Except as otherwise provided in this chapter, "volunteer

fire fighter" and "volunteer fire chief" do not include a person

who is also employed full-time in the fire service.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 1, eff. September 1, 2009.

Sec. 419.002. COMMISSION. The Texas Commission on Fire

Protection is an agency of the state.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991.

Sec. 419.003. SUNSET PROVISION. The Texas Commission on Fire

Protection is subject to Chapter 325 (Texas Sunset Act). Unless

continued in existence as provided by that chapter, the

commission is abolished and this chapter expires September 1,

2021.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.

3.10, eff. Nov. 12, 1991; Acts 1997, 75th Leg., ch. 1172, Sec.

1.01, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 2, eff. September 1, 2009.

Sec. 419.004. COMPOSITION OF COMMISSION. (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 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 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.

(b) The members of the commission are appointed by the governor

with the advice and consent of the senate for staggered terms of

six years with four or five members' terms expiring February 1 of

each odd-numbered year.

(c) The duties of a public officer or employee on the commission

constitute additional duties of the member's office or

employment.

(d) Appointments to the commission shall be made without regard

to the race, color, handicap, sex, religion, age, or national

origin of the appointees.

(e) A person may not be a public member of the commission if the

person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency

in the field of fire protection;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

money from the commission;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving money from the commission;

(4) uses or receives a substantial amount of tangible goods,

services, or money from the commission, other than compensation

or reimbursement authorized by law for commission membership,

attendance, or expenses; or

(5) is employed in the field of fire protection.

(f) For purposes of this section, "volunteer fire fighter" and

"volunteer fire chief" mean a person who is a member of a

nonprofit volunteer fire department, and the term may include a

person who is also employed full-time in the fire service.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 1, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1172, Sec. 1.02, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1170, Sec. 14.01, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 3, eff. September 1, 2009.

Sec. 419.005. REMOVAL OF COMMISSION MEMBERS. (a) It is a

ground for removal from the commission that a member:

(1) does not have at the time of taking office the

qualifications required by Section 419.004;

(2) does not maintain during service on the commission the

qualifications required by Section 419.004;

(3) is ineligible for membership under Section 419.006;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

commission meetings that the member is eligible to attend during

a calendar year without an excuse approved by majority vote of

the commission.

(b) The validity of an action of the commission is not affected

by the fact that it is taken when a ground for removal of a

commission member exists.

(c) If the executive director has knowledge that a potential

ground for removal exists, the executive director shall notify

the presiding officer of the commission of the potential ground.

The presiding officer shall then notify the governor and the

attorney general that a potential ground for removal exists. If

the potential ground for removal involves the presiding officer,

the executive director shall notify the next highest ranking

officer of the commission, who shall then notify the governor and

the attorney general that a potential ground for removal exists.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.03, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 4, eff. September 1, 2009.

Sec. 419.006. CONFLICT OF INTEREST. (a) In this section,

"Texas trade association" means a cooperative and voluntarily

joined statewide association of business or professional

competitors in this state designed to assist its members and its

industry or profession in dealing with mutual business or

professional problems and in promoting their common interest.

(b) A person may not be a member of the commission and may not

be a commission employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of fire protection; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of fire

protection.

(c) A person may not be a member of the commission or act as the

general counsel to the commission or the agency if the person is

required to register as a lobbyist under Chapter 305 because of

the person's activities for compensation on behalf of a

profession related to the operation of the commission.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 5, eff. September 1, 2009.

Sec. 419.007. OFFICERS; COMPENSATION; MEETINGS. (a) The

governor shall designate a member of the commission as the

presiding officer of the commission to serve in that capacity at

the pleasure of the governor. The commission shall elect from

among its members an assistant presiding officer and a secretary.

(b) The commission shall meet at least quarterly.

(c) A member of the commission may not receive compensation for

service on the commission. A member is entitled to receive

reimbursement, subject to any applicable limitation on

reimbursement provided by the General Appropriations Act, for

actual and necessary expenses incurred in performing services as

a member of the commission.

(d) The commission shall develop and implement policies that

provide the public with a reasonable opportunity to appear before

the commission and to speak on any issue under the jurisdiction

of the commission.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 2, eff.

Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 6, eff. September 1, 2009.

Sec. 419.0071. COMMISSION MEMBER TRAINING. (a) A person who is

appointed to and qualifies for office as a member of the

commission may not vote, deliberate, or be counted as a member in

attendance at a meeting of the commission until the person

completes a training program that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the commission;

(2) the programs, functions, rules, and budget of the

commission;

(3) the results of the most recent formal audit of the

commission;

(4) the requirements of laws relating to open meetings, public

information, and conflicts of interest; and

(5) any applicable ethics policies adopted by the commission or

the Texas Ethics Commission.

(c) A person appointed to the commission is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.04, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 7, eff. September 1, 2009.

Sec. 419.008. GENERAL POWERS AND DUTIES. (a) The commission

may adopt rules for its internal management and control and for

the administration of its powers and duties.

(b) The commission shall perform the duties assigned to the

commission under this chapter or other law.

(c) The commission shall perform duties assigned by law to the

Commission on Fire Protection Personnel Standards and Education.

(d) The commission may accept gifts, grants, and contributions

from private individuals or foundations and from the federal

government.

(e) The commission shall report to the governor annually and to

the legislature at each regular session on the commission's

activities. The commission may make recommendations in those

reports on matters under its jurisdiction. The commission may

make other reports in its discretion.

(f) The commission may appoint advisory committees to assist it

in the performance of its duties. A member of an advisory

committee appointed by the commission or otherwise appointed

under this chapter may not receive compensation for service on

the advisory committee. A member appointed under this chapter is

entitled to receive reimbursement, subject to any applicable

limitation on reimbursement provided by the General

Appropriations Act, for actual and necessary expenses incurred in

performing services as a member of the advisory committee.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 3, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1172, Sec. 1.05, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 8, eff. September 1, 2009.

Sec. 419.0082. RULEMAKING. (a) In adopting or amending a rule

under Section 419.008(a) or any other law, the commission shall

seek the input of the fire fighter advisory committee. The

commission shall permit the advisory committee to review and

comment on any proposed rule, including a proposed amendment to a

rule, before the rule is adopted. The recommendations of the

advisory committee are subject to modification or rejection by

the commission, in the commission's sole discretion, without the

resubmission of the matter to the advisory committee.

(b) The commission may not adopt a rule, including an amendment

to a rule, before the commission meeting held after the

commission meeting at which the rule is first proposed.

(c) This section does not apply to an emergency rule adopted

under Section 2001.034.

(d) Notwithstanding other provisions of this section, the

commission may, without review by an advisory committee, make

nonsubstantive clerical changes to a rule.

Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.06, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

112, Sec. 1, eff. May 20, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 9, eff. September 1, 2009.

Sec. 419.0083. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE

RESOLUTION. (a) The commission shall develop and implement a

policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008 for the

adoption of commission rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009 to assist in the resolution of internal and external

disputes under the commission's jurisdiction.

(b) The commission's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(c) The commission shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 10, eff. September 1, 2009.

Sec. 419.009. PERSONNEL. (a) The commission shall employ an

executive director who shall employ other personnel necessary for

the performance of commission functions.

(b) The commission shall provide to its members and employees,

as often as necessary, information regarding their qualifications

for office or employment under this chapter and their

responsibilities under applicable laws relating to standards of

conduct for state officers or employees.

(c) The commission shall develop and implement policies that

clearly separate the policy-making responsibilities of the

commission and the management responsibilities of the executive

director and the staff of the commission.

(d) The executive director or the executive director's designee

shall develop an intraagency career ladder program that addresses

opportunities for mobility and advancement for employees within

the commission. The program shall require intraagency postings of

all positions concurrently with any public posting.

(e) The executive director or the executive director's designee

shall develop a system of annual performance evaluations that are

based on documented employee performance. All merit pay for

commission employees must be based on the system established

under this subsection.

(f) The executive director or the executive director's designee

shall prepare and maintain a written policy statement to assure

implementation of a program of equal employment opportunity under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel that are in compliance with the

requirements of Chapter 21, Labor Code;

(2) a comprehensive analysis of the commission work force that

meets federal and state laws, rules, regulations, and

instructions directly adopted under those laws, rules, or

regulations;

(3) procedures by which a determination can be made about the

extent of underuse in the commission work force of all persons

for whom federal or state laws, rules, regulations, and

instructions directly adopted under those laws, rules, or

regulations encourage a more equitable balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(g) A policy statement prepared under Subsection (f) must cover

an annual period, be updated annually and reviewed by the

Commission on Human Rights for compliance with Subsection (f)(1),

and be filed with the governor's office.

(h) The governor's office shall deliver a biennial report to the

legislature based on the information received under Subsection

(g). The report may be made separately or as a part of other

biennial reports made to the legislature.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.07, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 11, eff. September 1, 2009.

Sec. 419.0091. GENERAL COUNSEL. The commission may employ not

more than one attorney. The attorney shall serve as general

counsel of the commission.

Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.08, eff. Sept. 1,

1997.

Sec. 419.010. FISCAL REPORT. The commission shall prepare

annually a complete and detailed written report accounting for

all funds received and disbursed by the commission during the

preceding fiscal year. The annual report must meet the reporting

requirements applicable to financial reporting provided in the

General Appropriations Act.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.09, eff.

Sept. 1, 1997.

Sec. 419.011. COMPLAINTS. (a) The commission shall maintain a

system to promptly and efficiently act on complaints filed with

the commission. The commission shall maintain information about

parties to the complaint, the subject matter of the complaint, a

summary of the results of the review or investigation of the

complaint, and its disposition.

(b) The commission shall make information available describing

its procedures for complaint investigation and resolution.

(c) The commission shall periodically notify the complaint

parties of the status of the complaint until final disposition.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.09, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 12, eff. September 1, 2009.

Sec. 419.012. TECHNOLOGICAL SOLUTIONS. The commission shall

implement a policy requiring the commission to use appropriate

technological solutions to improve the commission's ability to

perform its functions. The policy must ensure that the public is

able to interact with the commission on the Internet.

Added by Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 13, eff. September 1, 2009.

SUBCHAPTER B. REGULATING AND ASSISTING FIRE FIGHTERS AND FIRE

DEPARTMENTS

Sec. 419.021. DEFINITIONS. In this subchapter:

(1) "Aircraft rescue and fire protection personnel" means

permanent, full-time local governmental employees who, as a

permanent duty assignment, fight aircraft fires at airports,

stand by for potential crash landings, and perform aircraft crash

rescue.

(2) "Fire department" means a department of a local government

that is staffed by permanent, full-time employees of the local

government and that is organized to prevent or suppress fires.

(3) "Fire protection personnel" means:

(A) permanent, full-time law enforcement officers designated as

fire and arson investigators by an appropriate local authority;

(B) aircraft rescue and fire protection personnel; or

(C) permanent, full-time fire department employees who are not

secretaries, stenographers, clerks, budget analysts, or similar

support staff persons or other administrative employees and who

are assigned duties in one or more of the following categories:

(i) fire suppression;

(ii) fire inspection;

(iii) fire and arson investigation;

(iv) marine fire fighting;

(v) aircraft rescue and fire fighting;

(vi) fire training;

(vii) fire education;

(viii) fire administration; and

(ix) any other position necessarily or customarily related to

fire prevention or suppression.

(4) "Local government" means a municipality, a county, a

special-purpose district or authority, or any other political

subdivision of the state.

(5) "Marine fire protection personnel" means permanent,

full-time local governmental employees who work aboard a fireboat

and fight fires that occur on or adjacent to a waterway,

waterfront, channel, or turning basin.

(6) "Protective clothing" means garments, including turnout

coats, bunker coats, bunker pants, boots, gloves, trousers,

helmets, and protective hoods, worn by fire protection personnel

in the course of performing fire-fighting operations, including

wildland fire suppression.

(7) "Structure fire protection personnel" means permanent,

full-time local government employees who engage in fire-fighting

activities involving structures and may perform other emergency

activities typically associated with fire-fighting duties such as

rescue, emergency medical response, confined space rescue,

hazardous materials response, and wildland fire-fighting.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.40(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.001 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts

1993, 73rd Leg., ch. 912, Sec. 4, eff. Sept. 1, 1993; Acts 1997,

75th Leg., ch. 1172, Sec. 2.01, eff. Sept. 1, 1997; Acts 2001,

77th Leg., ch. 1241, Sec. 1, eff. Sept. 1, 2001.

Sec. 419.022. GENERAL POWERS RELATING TO THIS SUBCHAPTER. (a)

The commission may:

(1) require the submission of reports and information by a local

governmental agency in this state that employs fire protection

personnel;

(2) assist fire departments and fire protection personnel with

problems related to fire-fighting techniques, clothing, and

equipment;

(3) assist fire departments and local governments with the

development and updating of local fire codes;

(4) on request, assist in performing staffing studies of fire

departments; and

(5) establish minimum educational, training, physical, and

mental standards for admission to employment as fire protection

personnel in a permanent, temporary, or probationary status and

for advanced or specialized fire protection personnel positions.

(b) The commission may not change a minimum standard under

Subsection (a)(5) to a standard that is less stringent than the

applicable standard set by the Commission on Fire Protection

Personnel Standards and Education in rules that were in effect on

August 31, 1991.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.41(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.007 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts

1993, 73rd Leg., ch. 912, Sec. 5, eff. Sept. 1, 1993.

Sec. 419.0225. CERTAIN RULES PROHIBITED. (a) The commission

may not adopt rules restricting competitive bidding or

advertising by a certificate holder except to prohibit false,

misleading, or deceptive practices.

(b) In its rules to prohibit false, misleading, or deceptive

practices, the commission may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a certificate holder's personal

appearance or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

certificate holder; or

(4) restricts the certificate holder's advertisement under a

trade name.

Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.02, eff. Sept. 1,

1997.

Sec. 419.023. FIRE FIGHTER ADVISORY COMMITTEE. (a) The

commission shall establish a fire fighter advisory committee to

assist the commission in matters relating to fire protection

personnel, volunteer fire fighters, fire departments, and

volunteer fire departments. The committee shall be composed of

nine members appointed by the commission.

(b) Six members of the committee must be fire protection

personnel or retired fire protection personnel who collectively

represent various areas in the field of fire protection. Three

members of the committee must be certified instructors of fire

protection personnel. At least one member of the committee must

be a volunteer fire fighter or volunteer fire chief.

(c) A committee member serves at the will of the commission.

(d) The committee shall elect a member of the committee as the

presiding officer of the committee. The committee shall meet at

least twice each calendar year at the call of the presiding

officer or at the call of the commission.

(e) The committee periodically shall review commission rules

relating to fire protection personnel, fire departments, and

other fire fighters and fire fighting organizations that are

subject to regulation under this subchapter and recommend changes

in the rules to the commission.

(f) Appointments to the committee shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointees.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(64),

eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1172, Sec. 2.03,

eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 14, eff. September 1, 2009.

Sec. 419.024. LOCAL GOVERNMENT POWERS. Except as expressly

provided by this chapter, this subchapter does not limit the

powers, rights, duties, or responsibilities of a local government

and does not affect Chapter 143, Local Government Code.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.42(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.008 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.

Sec. 419.025. MANUAL. The commission shall set and collect a

fee for a manual that states rules and minimum standards for fire

protection personnel. The amount of the fee may not exceed the

cost of preparing, printing, and distributing the manual.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.43(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.009 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.

Sec. 419.026. FEES FOR CERTIFICATES. (a) The commission shall

set and collect a fee for each certificate that the commission

issues or renews under this subchapter, except that if a person

holds more than one certificate the commission may collect only

one fee each year for the renewal of those certificates. The

commission by rule shall set the amount of the fee under this

subsection in an amount designed to recover the commission's

costs in connection with issuing certificates under this

subchapter, including the cost to the commission of obtaining

fingerprint-based criminal history record information under

Section 419.0325. The employing agency or entity shall pay the

fee in the manner prescribed by commission rule. The certificate

must be renewed annually.

(b) The commission shall set and collect a fee for each

examination given to fire protection personnel for basic

certification under this subchapter. The amount of the fee may

not exceed the cost of preparing, printing, administering, and

grading the examination.

(c) The commission may revoke, refuse to issue, or refuse to

renew the certificate of fire protection personnel for failure to

pay a fee required under Subsection (a).

(d) The commission shall send the fees authorized by Subsection

(a) and Section 419.033(b) to the comptroller, who shall deposit

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. 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.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.44(a), eff. Sept.

1, 1989; Acts 1989, 71st Leg., ch. 798, Sec. 1, eff. Sept. 1,

1989. Redesignated from Sec. 416.010 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991; Acts 1997, 75th

Leg., ch. 1423, Sec. 8.13, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 15, eff. January 1, 2010.

Sec. 419.027. BIENNIAL INSPECTIONS. (a) At least biennially,

the commission shall visit and inspect each institution or

facility conducting courses for training fire protection

personnel and recruits, each fire department, and each local

governmental agency providing fire protection to determine if the

department, agency, institution, or facility is complying with

this chapter and commission rules.

(b) The commission may conduct risk-based inspections of

institutions and facilities in addition to the inspections under

Subsection (a). In determining whether to conduct an inspection

of an institution or facility under this subsection, the

commission shall consider:

(1) how recently the institution or facility has come under

regulation;

(2) the institution's or facility's history of compliance with

state law and commission rules;

(3) the number of complaints filed with the commission regarding

the institution or facility during the last year;

(4) the number of paid personnel in the institution or facility;

(5) the frequency of fire responses;

(6) the institution's or facility's ability to inspect and

maintain equipment; and

(7) any other factor the commission considers appropriate to

assess an institution's or facility's safety risk.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 16, eff. September 1, 2009.

Sec. 419.028. TRAINING PROGRAMS AND INSTRUCTORS. The commission

may:

(1) authorize reimbursement for a local governmental agency for

expenses in attending training programs as authorized by the

legislature;

(2) through issuance or revocation of a certificate, approve or

revoke the approval of an institution or facility for a school

operated by or for this state or a local government specifically

for training fire protection personnel or recruits;

(3) certify persons as qualified fire protection personnel

instructors under conditions that the commission prescribes;

(4) contract with persons or public or private agencies, as the

commission considers necessary, for studies and reports that the

commission requires to cooperate with local governmental agencies

in training programs and to otherwise perform its functions;

(5) revoke the certification of fire protection personnel

instructors; and

(6) provide staff or educational materials on request to

training programs or fire departments.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.45(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.021 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts

1993, 73rd Leg., ch. 912, Sec. 6, eff. Sept. 1, 1993.

Sec. 419.029. TRAINING CURRICULUM. The commission may establish

minimum curriculum requirements for preparatory, in-service, and

advanced courses and programs for a school operated by or for

this state or a local government specifically for training fire

protection personnel or recruits.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.46(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.022 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.

Sec. 419.030. COOPERATION WITH OTHER ENTITIES FOR TRAINING

PURPOSES. The commission may consult and cooperate with a local

governmental agency, other governmental agency, university,

college, junior college, or another institution concerning the

development of training schools and programs of courses of

instruction for fire protection personnel, including the

preparation or implementation of continuing education or training

programs.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.47(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.023 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.

Sec. 419.031. TRAINING ASSISTANCE. The commission shall adopt

rules and procedures for the administration of a training

assistance program under this subchapter. The training assistance

provided to fire departments under this subchapter may be

provided by any of the following methods:

(1) purchasing and providing training aids to fire departments

on a temporary or permanent basis;

(2) financing training seminars for fire departments; or

(3) paying instructor fees to teach specialized courses for fire

departments that employ fully paid fire protection personnel.

Added by Acts 1989, 71st Leg., ch. 798, Sec. 2, eff. Sept. 1,

1989. Redesignated from Sec. 416.024 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.

Sec. 419.032. APPOINTMENT OF FIRE PROTECTION PERSONNEL. (a) A

fire department may not appoint a person to the fire department,

except on a temporary or probationary basis, unless:

(1) the person:

(A) has satisfactorily completed a preparatory program of

training in fire protection at a school approved by the

commission; and

(B) meets the qualifications established by the commission under

Subsection (b); and

(2) the commission has approved the person's fingerprint-based

criminal history record information under Section 419.0325.

(b) The commission by rule may establish qualifications relating

to minimum age, education, physical and mental condition,

citizenship, basic certification tests, continuing education or

training programs, and other matters that relate to the

competence and reliability of persons to assume and discharge the

responsibilities of fire protection personnel. The commission

shall prescribe the means of presenting evidence of fulfillment

of these qualifications. This chapter does not preclude an

employing agency from establishing qualifications and standards

for hiring fire protection personnel that exceed the minimum

qualifications set by the commission.

(c) Fire protection personnel who receive temporary or

probationary appointment and who fail to satisfactorily complete

a basic course in fire protection, as prescribed by the

commission, before one year after the date of the original

appointment forfeit, and shall be removed from, the position. A

temporary or probationary appointment may not be extended beyond

one year by renewal of appointment or otherwise, except that on

petition of a fire department one year or more after the date of

the forfeiture and removal, the commission may reinstate the

person's temporary or probationary employment. Fire protection

personnel must complete a commission-approved training course in

fire suppression before being assigned full-time to fire

suppression duties. The commission may, on application by a fire

department and after receiving the comments and advice of the

fire fighter advisory committee, extend from one year to a period

not to exceed two years the time allowed for fire protection

personnel receiving a temporary or probationary appointment to

successfully complete a basic course in fire protection.

(d) The commission may certify persons who are qualified under

this subchapter to be fire protection personnel. The commission

shall adopt rules relating to presentation of evidence of

satisfactory completion of a program or course of instruction in

another jurisdiction equivalent in content and quality to that

required by the commission for approved fire protection education

and training programs in this state and shall issue to a person

meeting the rules and the requirements of Section 419.0325 a

certificate evidencing satisfaction of Subsections (a) and (b).

The commission may waive any certification requirement, except

those under Section 419.0325, for an applicant with a valid

license from another state having certification requirements

substantially equivalent to those of this state.

(e) Fire protection personnel serving under permanent

appointment before September 1, 1972, are not required to meet a

requirement of Subsection (a) or (b) as a condition of tenure or

continued employment or for eligibility for a promotional

examination for which they are otherwise eligible. The fire

protection personnel are eligible to attend training courses

subject to commission rules.

(f) A local government may appoint a person to the position of

head of the fire department, though the person is not certified

by the commission as fire protection personnel, if the person

either has at least 10 years' experience as a volunteer fire

fighter or may be eligible to become certified under the

provisions of Subsection (d) relating to other states or

jurisdictions. The appointment is on a temporary basis pending

certification of the person as fire protection personnel by the

commission under this subsection. The temporary appointment may

not be extended beyond one year by renewal of appointment or

otherwise. In addition to rules adopted under Subsection (d)

relating to other states or jurisdictions, the commission shall

adopt rules for purposes of this subsection relating to

presentation of evidence that a person has been a volunteer fire

fighter for the required period. The rules may not include more

stringent requirements on the nature of the volunteer fire

departments with which a person may accumulate the required

period of volunteer service than the requirements contained in

the definition of an organized volunteer fire department under

Chapter 615. The commission shall certify as fire protection

personnel a person who is serving as a temporarily appointed

department head under this subsection and who:

(1) presents satisfactory evidence that the person has been a

volunteer fire fighter for at least 10 years and passes the

commission's basic certification examination administered under

this subchapter on the first or second attempt;

(2) presents satisfactory evidence that the person is eligible

to be certified as fire protection personnel under Subsection (d)

and passes the commission's basic certification examination

administered under this subchapter on the first or second

attempt; or

(3) satisfies the requirements of Subsections (a) and (b).

(g) This chapter does not prevent a fire department from

assigning volunteer fire fighters, or other auxiliary fire

fighters who are not fire protection personnel, to fire

suppression, fire education, or fire station duties.

(h) This chapter does not prevent an employee of a local

government from being a volunteer fire fighter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.48(a), eff. Sept.

1, 1989; Acts 1989, 71st Leg., ch. 798, Sec. 3, eff. Jan. 1,

1990. Redesignated from Sec. 416.031 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts

1993, 73rd Leg., ch. 912, Sec. 7, eff. Sept. 1, 1993; Acts 1995,

74th Leg., ch. 76, Sec. 5.95(31), eff. Sept. 1, 1995; Acts 2001,

77th Leg., ch. 1241, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 17, eff. September 1, 2009.

Sec. 419.0321. PART-TIME FIRE PROTECTION EMPLOYEES. (a) A fire

department may employ part-time fire protection employees under

this section. The commission shall create a separate

certification class for part-time fire protection employees.

(b) To become certified as a part-time fire protection employee,

a person must:

(1) satisfy the requirements of Sections 419.032(a) and (b) or

Section 419.032(d) for certification as fire protection

personnel; and

(2) be employed by a fire department as a temporary or

probationary part-time fire protection employee.

(c) A fire department may not employ a person as a part-time

fire protection employee, except on a temporary or probationary

basis, unless the person has been certified by the commission as

a part-time fire protection employee. A temporary or probationary

employment may not extend beyond one year or be renewed, except

that on petition of a fire department one year or more after the

date that a temporary or probationary part-time employment

expires, the commission may reinstate the person's temporary or

probationary part-time employment.

(d) A person who is certified as a part-time fire protection

employee and a fire department or local government that employs a

part-time fire protection employee are subject to this subchapter

and applicable commission rules to the same extent that this

subchapter and applicable commission rules apply to certified

fire protection personnel and to a fire department or local

government in the employment of fire protection personnel.

(e) A part-time fire protection employee may not:

(1) work more than 24 hours a week or average more than

approximately 24 hours a week during a work cycle, as

appropriate, for an employing fire department; or

(2) work more than 500 hours a year for an employing fire

department in duties related to fire suppression.

(f) A part-time fire protection employee may work, on a

temporary basis only, in place of a person who is fire protection

personnel who is absent from work because of vacation, illness,

injury, or administrative leave. Work may not be assigned under

this subsection in a manner that will cause a reduction in the

number of authorized full-time positions in a fire department.

Hours worked under this subsection are not counted when computing

hours under Subsection (e)(1).

Added by Acts 1993, 73rd Leg., ch. 912, Sec. 8, eff. Sept. 1,

1993.

Sec. 419.0322. CATEGORIES AND DESIGNATION OF PERSONS PERFORMING

FIRE PROTECTION DUTIES. (a) Each person who is assigned by a

fire department to perform one or more duties listed under

Section 419.021(3)(C) must be:

(1) fire protection personnel;

(2) a part-time fire protection employee; or

(3) a volunteer or other auxiliary fire fighter.

(b) Each fire department shall designate each person who is

assigned by the department to perform one or more duties listed

under Section 419.021(3)(C) as fire protection personnel, a

part-time fire protection employee, or a volunteer or auxiliary

fire fighter, but a department may not designate the same person

under more than one category under this section. The designation

shall be made on the records of the department and the

designation shall be made available for inspection by the

commission or sent to the commission on request.

(c) A fire department may not compensate, reimburse, or provide

benefits to a person the department has designated as a volunteer

or other auxiliary fire fighter to the extent that the person

would be considered fully paid fire protection personnel.

(d) A person designated as a part-time fire protection employee

under this section is subject to Section 419.0321.

Added by Acts 1993, 73rd Leg., ch. 912, Sec. 9, eff. Sept. 1,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

112, Sec. 2, eff. May 20, 2005.

Sec. 419.0325. CRIMINAL HISTORY RECORD INFORMATION APPROVAL

REQUIRED FOR CERTIFICATION. (a) The commission may not certify

a person as fire protection personnel unless the commission,

after review, has approved fingerprint-based criminal history

record information about the person obtained from the Department

of Public Safety under Subchapter F, Chapter 411, and from the

Federal Bureau of Investigation under Section 411.087.

(b) The applicant for certification or the fire department may

submit the required fingerprint-based state and national criminal

history record information to the commission. If neither the

applicant nor the fire department submits the required criminal

history record information to the commission, the commission

shall obtain the required criminal history record information

pursuant to Sections 411.087 and 411.1236.

(c) The commission by rule shall establish criteria for denying

a person certification to be fire protection personnel based on

the person's criminal history record information. The criteria

must relate to a person's fitness to serve as fire protection

personnel.

(d) Criminal history record information received by the

commission is privileged and confidential and for commission use

only.

Added by Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 18, eff. September 1, 2009.

Sec. 419.033. CERTIFICATE EXPIRATION. (a) The commission by

rule may adopt a system under which certificates expire on

various dates during the year. For the year in which the

certificate expiration date is changed, certificate fees payable

on the date set by commission rule shall be prorated on a monthly

basis so that each fire department or other employing entity

shall pay only that portion of the certificate fee that is

allocable to the number of months during which the certificate is

valid. On renewal of the certificate on the new expiration date,

the total certificate renewal fee is payable.

(b) The commission shall issue to a person who has held a

commission certificate but is no longer employed by an entity

that is regulated by the commission a one-time certificate that

states the level of certification held by the person on the date

the person left the regulated entity's employment. The commission

shall prescribe the procedure under which a person applies for a

certificate under this subsection. The commission shall set and

collect from the person a fee of not more than $35 for the

certificate.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,

1991.

Sec. 419.034. CERTIFICATE RENEWAL. (a) A fire department or

other employing entity may renew an unexpired certification by,

before the expiration date of the certificate:

(1) submitting evidence satisfactory to the commission of

completion of any required professional education; and

(2) paying to the commission the required renewal fee.

(b) If a person's certificate has been expired for 30 days or

less, the fire department or other employing entity may renew the

certificate by:

(1) submitting evidence satisfactory to the commission of

completion of any required professional education; and

(2) paying to the commission the required renewal fee and a fee

that is one-half of the certification fee for the certificate.

(c) If a person's certificate has been expired for longer than

30 days but less than one year, the fire department or other

employing entity may renew the certificate by:

(1) submitting evidence satisfactory to the commission of

completion of any required professional education; and

(2) paying to the commission all unpaid renewal fees and a fee

that is equal to the certification fee.

(d) If a person's certificate has been expired for one year or

longer, the person may not renew the certificate. The person may

obtain a new certificate by submitting to the proficiency

examination or repeating the requirements and procedures for

obtaining an original certificate. The commission shall charge a

fee to recover the cost of administering the proficiency

examination. The fire department or other employing entity shall

pay the certification fee.

(e) Notwithstanding any other law, the commission by rule may

establish a procedure to waive the late fees or examination

required by this section if:

(1) the person's certificate expired because of the employing

entity's good faith clerical error, including the failure of the

employing entity to submit fees in a timely manner; or

(2) the person's certificate expired as a result of termination

of the person's employment and the person has been restored to

employment as a result of a disciplinary procedure or a court

action.

(f) At least 30 days before the expiration of a person's

certificate, the commission shall send written notice of the

impending certificate expiration to the last known fire

department or other employing entity employing the regulated

person according to the records of the commission.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 10, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1172, Sec. 2.04, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 19, eff. September 1, 2009.

Sec. 419.0341. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE

RENEWAL. (a) Notwithstanding any other provision of this

subchapter, a person may be certified as fire protection

personnel and continue to hold and renew the certificate without

regard to whether the person is employed or continues to be

employed by a local authority or fire department.

(b) A person who is certified as fire protection personnel who

is not employed by a local authority or fire department may renew

an unexpired certificate before the expiration of the certificate

by:

(1) submitting evidence satisfactory to the commission of

completion of any required professional education; and

(2) paying to the commission the required renewal fee.

(c) If the person's certificate has been expired for 30 days or

less, the person may renew the certificate by:

(1) submitting evidence satisfactory to the commission of

completion of any required professional education; and

(2) paying to the commission the required renewal fee and a fee

that is one-half of the certification fee for the certificate.

(d) If the person's certificate has been expired for longer than

30 days but less than one year, the person may renew the

certificate by:

(1) submitting evidence satisfactory to the commission of

completion of any required professional education; and

(2) paying to the commission all unpaid renewal fees and a fee

that is equal to the certification fee for the certificate.

(e) If the person's certificate has been expired for one year or

longer, the person may not renew the certificate. The person may

obtain a new certificate by submitting to the proficiency

examination or repeating the requirements and procedures for

obtaining an original certificate. The commission shall charge a

fee to cover the cost of administering the proficiency

examination.

(f) At least 30 days before the expiration of the certificate of

a person who is not employed by a local authority or fire

department, the commission shall send written notice of the

impending certificate expiration to the last known address of the

person according to the records of the commission.

(g) The commission shall establish by rule the procedures and

requirements for evidence of compliance with this section.

(h) Notwithstanding any other law, the commission by rule may

establish a procedure to waive the late fees or examination

required by this section for a person whose certificate expired

because of the person's good faith clerical error, including the

person's failure to submit fees in a timely manner.

Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.05, eff. Sept. 1,

1997.

Sec. 419.035. CERTIFICATION EXAMINATIONS. (a) Not later than

the 30th day after the date on which a certification examination

is administered under this subchapter, the commission shall

notify each examinee of the results of the examination. However,

if an examination is graded or reviewed by a national testing

service, the commission shall notify examinees of the results of

the examination not later than the 14th day after the date on

which the commission receives the results from the testing

service. If the notice of examination results graded or reviewed

by a national testing service will be delayed for longer than 90

days after the examination date, the commission shall notify the

examinee of the reason for the delay before the 90th day.

(b) If requested in writing by a person who fails an examination

administered under this subchapter, the commission shall furnish

the person with an analysis of the person's performance on the

examination.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,

1991.

Sec. 419.036. DISCIPLINARY ACTIONS. (a) The commission may

revoke or suspend a certificate, place on probation a person

whose certificate has been suspended, or reprimand a regulated

person for a violation of this subchapter or a rule of the

commission. If a regulated person's suspension is probated, the

commission may require the practitioner:

(1) to report regularly to the commission on matters that are

the basis of the probation;

(2) to limit practice to the areas prescribed by the commission;

or

(3) to continue or renew professional education until the

practitioner attains a degree of skill satisfactory to the

commission in those areas that are the basis of the probation.

(b) If the commission proposes to suspend or revoke a person's

certificate, the person is entitled to a hearing before the

commission or a hearings officer appointed by the commission. The

commission shall prescribe procedures by which all decisions to

suspend or revoke are made by or are appealable to the

commission.

(c) A complaint case opened by the commission based on a

violation found during an inspection conducted under Section

419.027 must be opened not later than the 30th day after the date

the commission provides notice of the violation to the applicable

department, agency, institution, or facility.

(d) The commission by rule shall create a matrix for determining

penalty amounts and disciplinary actions for fire departments,

training providers, and certified personnel who commit violations

of this chapter or a rule adopted under this chapter. In

developing the matrix, the commission shall consider the

following factors:

(1) compliance history;

(2) seriousness of the violation;

(3) the safety threat to the public or fire personnel;

(4) any mitigating factors; and

(5) any other factors the commission considers appropriate.

Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1,

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 20, eff. September 1, 2009.

Sec. 419.0365. DISCIPLINARY HEARING. If the commission proposes

to suspend, revoke, or refuse to renew a person's certificate,

the person is entitled to a hearing conducted by the State Office

of Administrative Hearings. Proceedings for a disciplinary action

are governed by the administrative procedure law, Chapter 2001.

Rules of practice adopted by the commission under Section

2001.004 applicable to the proceedings for a disciplinary action

may not conflict with rules adopted by the State Office of

Administrative Hearings.

Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.06, eff. Sept. 1,

1997.

Sec. 419.0366. TRACKING AND ANALYSIS OF COMPLAINT AND VIOLATION

DATA. (a) The commission shall develop and implement a method

for tracking and categorizing the sources and types of complaints

filed with the commission and of violations of this chapter or a

rule adopted under this chapter.

(b) The commission shall analyze the complaint and violation

data maintained under Subsection (a) to identify trends and areas

that may require additional regulation or enforcement.

Added by Acts 2009, 81st Leg., R.S., Ch.

1216, Sec. 21, eff. September 1, 2009.

Sec. 419.037. APPOINTMENT AS MARINE FIRE PROTECTION PERSONNEL.

(a) The commission shall adopt requirements for certification of

marine fire protection personnel. A person may not be appointed

to a marine fire protection personnel position, except on a

probationary basis, unless the person has completed the training

prescribed by the commission.

(b) Marine fire protection personnel appointed on a probationary

basis must complete the prescribed training before two years

after the date of appointment.

(c) Marine fire protection personnel serving under permanent

appointment with five or more years' service before September 1,

1978, have satisfied the training requirements by experience.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.49(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.032 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.

Sec. 419.038. APPOINTMENT TO AIRCRAFT FIRE FIGHTING AND RESCUE

FIRE PROTECTION PERSONNEL POSITION. (a) The commission shall

adopt requirements for certification of aircraft fire fighting

and rescue fire protection personnel. A person may not be

appointed to an aircraft fire fighting and rescue fire protection

personnel position, except on a probationary basis, unless the

person has completed the training prescribed by the commission.

(b) Aircraft fire fighting and rescue fire protection personnel

appointed on a probationary basis must complete the prescribed

training before two years after the date of appointment.

(c) Aircraft fire fighting and rescue fire protection personnel

serving under permanent appointment with two or more years'

service before September 1, 1984, have satisfied the training

requirements.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.50(a), eff. Sept.

1, 1989. Redesignated from Sec. 416.033 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by Acts

1993, 73rd Leg., ch. 912, Sec. 11, eff. Sept. 1, 1993.

Sec. 419.039. CRIMINAL PENALTY. (a) A person commits an

offense if the person:

(1) accepts an appointment in violation of Section 419.032 or

419.037;

(2) knowingly accepts an appointment in violation of Section

419.038;

(3) appoints or retains a person in violation of Section

419.032; or

(4) appoints a person in violation of Section 419.037 or

419.038.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $100 nor more than $1,000.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.51, eff. Sept. 1,

1989. Redesignated from Sec. 416.034 and amended by Acts 1991,

72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991.

Sec. 419.040. PROTECTIVE CLOTHING. (a) A fire department shall

purchase, provide, and maintain a complete ensemble of

appropriate protective clothing for each of its fire protection

personnel who would be exposed to hazardous conditions from fire

or other emergencies or where t