Texas Government Code Title 4, Chapter 419 - Texas Commission On Fire Protection

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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,
• Texas Section 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...
• Texas Section 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 Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...

SUBCHAPTER B REGULATING AND ASSISTING FIRE FIGHTERS AND FIRE DEPARTMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 419.041 - Self-contained Breathing Apparatus
  (a) A fire department shall furnish with self-contained breathing apparatus all of its fire protection personnel who engage in operations where the personnel might encounter...
• Texas Section 419.042 - Personal Alert Safety Systems
  (a) A fire department shall purchase, provide, and maintain a personal alert safety system for each of its fire protection personnel who would be exposed...
• Texas Section 419.043 - Applicable National Fire Protection Association Standard
  The National Fire Protection Association standard applicable to protective clothing, self-contained breathing apparatus, or personal alert safety systems is the standard in effect when a...
• Texas Section 419.044 - Incident Management System
  (a) A fire department shall develop and maintain an incident management system. The system shall include a written standard operating procedure for the management of...
• Texas Section 419.045 - Personnel Accountability System
  (a) A fire department shall develop and maintain a standard operating procedure for personnel accountability. The system shall provide a rapid accounting of all personnel...
• Texas Section 419.046 - Fire Protection Personnel Operating At Emergency Incidents
  (a) A fire department shall develop, maintain, and use a standard operating procedure covering fire protection personnel operating at emergency incidents. The procedure shall specify...
• Texas Section 419.047 - Commission Enforcement
  The commission shall enforce Sections 419.040, 419.041, 419.042, 419.043, 419.044, 419.045, and 419.046. The commission may adopt minimum standards consistent with those sections for protective...

SUBCHAPTER D VOLUNTEER FIRE FIGHTERS AND FIRE DEPARTMENTS

• Texas Section 419.048 - Fire Protection Personnel Injury Data; Recommendations To Reduce Injuries
  (a) Pursuant to Section 417.004, the commission and the commissioner of insurance, as necessary to allow the agencies to perform their statutory duties, shall transfer...
• Texas Section 419.071 - Voluntary Certification Program For Volunteer Fire Fighters And Fire Departments
  (a) The commission shall develop a voluntary certification program for volunteer fire fighters and volunteer fire departments. The program must include the same components and...
• Texas Section 419.072 - Obtaining Paid Employment As Fire Fighter
  (a) Notwithstanding anything to the contrary in Subchapter B, a fire department may appoint as fire protection personnel a volunteer fire fighter or former volunteer...

SUBCHAPTER E PAID FIRE FIGHTERS AND FIRE DEPARTMENTS NOT CONNECTED WITH A LOCAL GOVERNMENT

• Texas Section 419.073 - Individual Certificate Holder; Certificate Renewal
  (a) A volunteer fire fighter certified under this subchapter may continue to hold and renew the certificate without regard to whether the person continues to...
• Texas Section 419.081 - Mandatory Inspection And Regulation Of Certain State Agencies
  (a) Each state agency providing fire protection shall furnish all of its employees who engage in fire fighting with self-contained breathing apparatus as provided by...
• Texas Section 419.082 - Training For State Agency Fire Fighters
  The commission may allow a state agency employee who provides fire protection to attend fire protection training programs conducted under Subchapter B, including an employee...
• Texas Section 419.083 - Voluntary Regulation Of Certain State Officials, State Agencies, And State Agency Employees
  (a) Certain state officials, state agencies, and state agency employees may apply to the commission for regulation under one or more discrete components of the...
• Texas Section 419.084 - Voluntary Regulation Of Certain Federal Agencies And Federal Fire Fighters
  (a) Certain federal agencies and federal fire fighters may apply to the commission for regulation under one or more discrete components of the commission's regulatory...
• Texas Section 419.085 - Voluntary Regulation Of Certain Nongovernmental Departments
  (a) A nongovernmental entity may apply to the commission for regulation under Subchapter B if: (1) the entity is the employing authority for persons who,...
• Texas Section 419.086 - Eligibility For Certain Training Assistance
  If an entity or the employees of an entity are regulated under this subchapter so that as a consequence of the regulation a certification fee...

SUBCHAPTER Z MISCELLANEOUS PROVISIONS

• Texas Section 419.087 - Mandatory Regulation Of Certain Nongovernmental Organizations And Personnel
  (a) In this section, "fire department," "fire protection personnel," and "local government" have the meanings assigned by Section 419.021. (b) An organization that is not...
• Texas Section 419.902 - Coordination With Firemen's Training School
  The commission and the director of the Texas Engineering Extension Service of The Texas A&M University System shall enter into a memorandum of understanding to...
• Texas Section 419.903 - Coordination With Texas Forest Service
  The commission and the director of the Texas Forest Service shall enter into a memorandum of understanding to coordinate the provision of training assistance and...
• Texas Section 419.904 - Technical Assistance To Emergency Services Districts
  The commission may on request provide technical assistance to emergency services districts, including advice on the efficient and effective provision of fire protection within a...
• Texas Section 419.905 - Appeal Of Commission Decisions
  (a) A person dissatisfied with an action of the commission may appeal the action in accordance with Chapter 2001. (b) The attorney general, the district...
• Texas Section 419.906 - Administrative And Civil Penalties; Injunction
  (a) In addition to other penalties imposed by law, a person who violates this chapter or a rule adopted under this chapter is subject to...
• Texas Section 419.907 - Location Of Offices Of Commission, State Fire Marshal, And Texas Forest Service
  (a) To the extent feasible, the commission, the state fire marshal, and the Texas Forest Service shall colocate office space outside of Travis County used...
• Texas Section 419.908 - Cooperation With Federal And State Entities In A Disaster
  In a declared state of disaster under Section 418.014, the commission shall coordinate with appropriate state and federal agencies, including the governor's office of the...
• Texas Section 419.909 - Fire Safety Inspections
  (a) Only an individual certified by the commission as a fire inspector may conduct a fire safety inspection required by a state or local law,...

Last modified: September 28, 2016