TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 403. CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION

37 TAC §§403.3, 403.5, 403.15

The Texas Commission on Fire Protection (commission) proposes amendments to 37 Texas Administrative Code Chapter 403, Criminal Convictions and Eligibility For Certification, concerning §403.3, Scope, §403.5, Access to Criminal History Record Information, and §403.15, Report of Convictions by an Individual or a Department.

BACKGROUND AND PURPOSE

The proposed amendments are initiated as a result of the agency's four-year rule review. The purpose of the proposed amendments to §403.3, Scope, is a word change from "that" to "which". The proposed changes to §403.5 and §403.15 replaces "fire department" with "regulated entity". The change reflects that the commission regulates various entities, not solely fire departments.

FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT

Michael Wisko, Agency Chief, has determined that for each year of the first five-year period the proposed amendments are in effect, there will be no significant fiscal impact to state government or local governments as a result of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4).

PUBLIC BENEFIT AND COST NOTE

Mr. Wisko has also determined under Texas Government Code §2001.024(a)(5) that for each year of the first five years the amendments are in effect the public benefit will be more accurate, clear, and concise rules regarding Criminal Convictions and Eligibility For Certification.

LOCAL ECONOMY IMPACT STATEMENT

There is no anticipated effect on the local economy for the first five years that the proposed amendments are is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES AND RURAL COMMUNITIES

Mr. Wisko has determined there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these amendments. Therefore, no economic impact statement or regulatory flexibility analysis, as provided by Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT

The agency has determined under Texas Government Code §2006.0221 that during the first five years the amendments are in effect:

(1) the rules will not create or eliminate a government program;

(2) the rules will not create or eliminate any existing employee positions;

(3) the rules will not require an increase or decrease in future legislative appropriation;

(4) the rules will not result in a decrease in fees paid to the agency;

(5) the rules will not create a new regulation;

(6) the rules will not expand a regulation;

(7) the rules will not increase the number of individuals subject to the rule; and

(8) the rules are not anticipated to have an adverse impact on the state's economy.

TAKINGS IMPACT ASSESSMENT

The commission has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS

The proposed amendments do not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.

ENVIRONMENTAL IMPACT STATEMENT

The commission has determined that the proposed amendments do not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register, to Michael Wisko, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to amanda.khan@tcfp.texas.gov.

STATUTORY AUTHORITY

The amended rule is proposed under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also proposed under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.

CROSS REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§403.3.Scope.

(a) The policy and procedures established in this chapter apply to a person who holds or applies for any certificate issued under the commission's regulatory authority contained in Government Code, Chapter 419.

(b) When a person is convicted of a crime of a sexual nature, the conviction of which would require the individual to be registered as a sex offender under Chapter 62 of the Code of Criminal Procedure; or

(c) When a person is convicted of a crime that is an offense under Title 7 of the Texas Penal Code, or a similar offense under the laws of the United States of America, another state, or other jurisdiction, the person's conduct directly relates to the competency and reliability of the person to assume and discharge the responsibilities of fire protection personnel. Such conduct includes, but is not limited to, intentional or knowing conduct, without a legal privilege, which [that] causes or is intended to cause a fire or explosion with the intent to injure or kill any person or animal or to destroy or damage any property. The commission may:

(1) deny a person the opportunity to be examined for a certificate;

(2) deny the application for a certificate;

(3) grant the application for a new certificate with the condition that a probated suspension be placed on the newly granted certificate;

(4) refuse to renew a certificate;

(5) suspend, revoke, or probate the suspension or revocation of an existing certificate; or

(6) limit the terms or practice of a certificate holder to areas prescribed by the commission.

(d) When a person's criminal conviction of a felony or misdemeanor directly relates to the duties and responsibilities of the holder of a certificate issued by the commission, the commission may:

(1) deny a person the opportunity to be examined for a certificate;

(2) deny the application for a certificate;

(3) grant the application for a new certificate with the condition that a probated suspension be placed on the newly granted certificate;

(4) refuse to renew a certificate;

(5) suspend, revoke, or probate the suspension or revocation of an existing certificate; or

(6) limit the terms or practice of a certificate holder to areas prescribed by the commission.

§403.5.Access to Criminal History Record Information.

(a) Criminal history record. The commission is entitled to obtain criminal history record information maintained by the Department of Public Safety, or another law enforcement agency, to investigate the eligibility of a person applying to the commission for or holding a certificate.

(b) Confidentiality of information. All information received under this section is confidential and may not be released to any person outside the agency except in the following instances:

(1) a court order;

(2) with written consent of the person being investigated;

(3) in a criminal proceeding; or

(4) in a hearing conducted under the authority of the commission.

(c) Early review. A regulated entity [fire department] that employs a person regulated by the commission, a person seeking to apply for a beginning position with a regulated entity, a volunteer fire department, or an individual participating in the commission certification program may seek the early review under this chapter of the person's present fitness to be certified. Prior to completing the requirements for certification, the individual may request such a review in writing by following the required procedure. A decision by the commission based on an early review does not bind the commission if there is a change in circumstances. The following pertains to early reviews:

(1) The commission will complete its review and notify the requestor in writing concerning potential eligibility or ineligibility within 90 days following receipt of all required and necessary information for the review.

(2) A notification by the commission regarding the results of an early review is not a guarantee of certification, admission to any training program, or employment with a local government.

(3) A fee assessed by the commission for conducting an early review will be in an amount sufficient to cover the cost to conduct the review process, as provided in §437.19 of this title (relating to Early Review Fees).

(4) An early review request will be considered incomplete until the requestor submits all required and necessary information. Early review requests that remain incomplete for 90 days following receipt of the initial request will expire. If the request expires and an early review is still desired, a new request and fee must be submitted.

§403.15.Report of Convictions by an Individual or a Department.

(a) A certificate holder must report to the commission[,] any conviction, other than a minor traffic offense (Class C misdemeanor), under the laws of this state, another state, the United States, or foreign country, within 14 days of the conviction date.

(b) A regulated entity [fire department] or local government entity shall report to the commission[,] any conviction of a certificate holder, other than a minor traffic offense (class C misdemeanor), under the laws of this state, another state, the United States, or foreign country, that it has knowledge of, within 14 days of the conviction date.

(c) A certificate holder is subject to suspension, revocation, or denial of any or all certifications for violation of the requirements of subsection (a) of this section. Each day may be considered a separate offense.

(d) A regulated entity [fire department] or government entity regulated by the commission violating subsection (b) of this section may be subject to administrative penalties of up to $500. Each day may be considered a separate offense.

(e) Notification may be made by mail, e-mail, or in person to the Texas Commission on Fire Protection (TCFP) Austin office. TCFP Form #014 shall be used.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 9, 2022.

TRD-202201813

Mike Wisko

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 19, 2022

For further information, please call: (512) 936-3812


CHAPTER 423. FIRE SUPPRESSION

SUBCHAPTER A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION

37 TAC §423.3, §423.13

The Texas Commission on Fire Protection (commission) proposes amendments to 37 Texas Administrative Code Chapter 423, Fire Suppression, Subchapter A, Minimum Standards For Structure Fire Protection Personnel Certification, concerning §423.3, Minimum Standards for Basic Structure Fire Protection Personnel Certification, and §423.13, International Fire Service Accreditation Congress (IFSAC) Seal.

BACKGROUND AND PURPOSE

The proposed amendments initiated as a result of a rule review conducted by the agency. The purpose of the proposed amendments to rule §423.3, Minimum Standards for Basic Structure Fire Protection Personnel Certification, is to correct the name of the State Firefighters' and Fire Marshals' Association. The change to §423.13 corrects a reference to subsection (b) instead of (c).

FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT

Michael Wisko, Agency Chief, has determined that for each year of the first five-year period the proposed amendments are in effect, there will be no significant fiscal impact to state government or local governments as a result of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4).

PUBLIC BENEFIT AND COST NOTE

Mr. Wisko has also determined under Texas Government Code §2001.024(a)(5) that for each year of the first five years the amendments are in effect the public benefit will be accurate, clear, and concise rules.

LOCAL ECONOMY IMPACT STATEMENT

There is no anticipated effect on the local economy for the first five years that the proposed amendments are is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES AND RURAL COMMUNITIES

Mr. Wisko has determined there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these amendments. Therefore, no economic impact statement or regulatory flexibility analysis, as provided by Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT

The agency has determined under Texas Government Code §2006.0221 that during the first five years the amendments are in effect:

(1) the rules will not create or eliminate a government program;

(2) the rules will not create or eliminate any existing employee positions;

(3) the rules will not require an increase or decrease in future legislative appropriation;

(4) the rules will not result in a decrease in fees paid to the agency;

(5) the rules will not create a new regulation;

(6) the rules will not expand a regulation;

(7) the rules will not increase the number of individuals subject to the rule; and

(8) the rules are not anticipated to have an adverse impact on the state's economy.

TAKINGS IMPACT ASSESSMENT

The commission has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS

The proposed amendments do not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.

ENVIRONMENTAL IMPACT STATEMENT

The commission has determined that the proposed amendments do not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register, to Michael Wisko, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to amanda.khan@tcfp.texas.gov.

STATUTORY AUTHORITY

The amended rule is proposed under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also proposed under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.036, which authorizes the commission to adopt rules establishing the requirements for certification.

CROSS REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§423.3.Minimum Standards for Basic Structure Fire Protection Personnel Certification.

In order to be certified as Basic Structure Fire Protection Personnel, an individual must:

(1) possess valid documentation from the International Fire Service Accreditation Congress or the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2008 or later edition of the NFPA standard applicable to this discipline and meeting the requirements specified in §439.1 of this title (relating to Requirements--General) as:

(A) Fire Fighter I, Fire Fighter II, Hazardous Materials Awareness Level Personnel; and

(B) Hazardous Materials Operations Level Responders including the Mission-Specific Competencies for Personal Protective Equipment and Product Control under the current edition; or

(C) NFPA 472 Hazardous Materials Operations prior to the 2008 edition; and

(D) meet the medical requirements outlined in §423.1 of this title (relating to Minimum Standards for Structure Fire Protection Personnel); or

(2) complete a commission approved basic structure fire protection program, meet the medical requirements outlined in §423.1 of this title (relating to Minimum Standards for Structure Fire Protection Personnel), and successfully pass the commission examination(s) as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved basic structure fire suppression program shall consist of one or any combination of the following:

(A) completion of a commission approved Basic Fire Suppression Curriculum, as specified in the commission's Certification Curriculum Manual; or

(B) completion of an out-of-state, and/or military training program deemed equivalent to the commission approved Basic Fire Suppression Curriculum; or

(C) documentation of the receipt of a Fire Fighter II certificate, an advanced certificate, or confirmation of training from the State Firefighters' [Firemen's] and Fire Marshals' Association of Texas that is deemed equivalent to a commission approved Basic Fire Suppression Curriculum.

§423.13.International Fire Service Accreditation Congress (IFSAC) Seal.

(a) Individuals completing a commission approved basic structure fire protection program, meeting any other NFPA requirement, and passing the applicable commission examination(s) may be granted IFSAC seal(s) for Hazardous Materials Awareness Level Personnel, Hazardous Materials Operations Level Responders (including the Mission-Specific Competencies for Personal Protective Equipment and Product Control), Fire Fighter I, and/or Fire Fighter II by making application to the commission for the IFSAC seal(s) and paying applicable fees, provided they meet the following provisions:

(1) To receive the IFSAC Hazardous Materials Awareness Level Personnel seal, the individual must:

(A) complete the Hazardous Materials Awareness section of a commission approved course; and

(B) pass the Hazardous Materials Awareness section of a commission examination.

(2) To receive the IFSAC Hazardous Materials Operations Level Responders seal (including the Mission-Specific Competencies for Personal Protective Equipment and Product Control) the individual must:

(A) complete the Hazardous Materials Operation section of a commission approved course; and

(B) document possession of an IFSAC Hazardous Materials Awareness Level Personnel seal; and

(C) pass the Hazardous Materials Operations section of a commission examination.

(3) To receive the IFSAC Fire Fighter I seal, the individual must:

(A) complete a commission approved Fire Fighter I course; and

(B) provide medical documentation as outlined in subsection (b) [(c)] of this section; and

(C) document possession of an IFSAC Hazardous Materials Awareness Level Personnel seal; and

(D) document possession of an IFSAC Hazardous Materials Operations Level Responders seal; and

(E) pass the Fire Fighter I section of a commission examination.

(4) To receive the IFSAC Fire Fighter II seal, the individual must:

(A) complete a commission approved Fire Fighter II course; and

(B) document possession of an IFSAC Fire Fighter I seal; and

(C) pass the Fire Fighter II section of a commission examination.

(b) In order to qualify for a Fire Fighter I seal, the individual must document successful completion of an emergency medical training course or program that includes those subject areas required by NFPA 1001.

(c) In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 9, 2022.

TRD-202201814

Mike Wisko

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 19, 2022

For further information, please call: (512) 936-3812


CHAPTER 463. ADVISORY COMMITTEES

The Texas Commission on Fire Protection (the commission) proposes new Chapter 463, Advisory Committees, concerning Subchapter A, Practice and Procedures, §463.1, Purpose and Objectives, and §463.3, General; Subchapter B, Firefighter Advisory Committee, §463.201 Purpose, §463.203, Eligibility, §463.205, Terms, §463.207, Meetings, §463.209, Limitation of Powers, §463.211, Testimony, and §463.213, Expulsion; Subchapter C, Curriculum and Testing Committee, §463.301, Purpose, §463.303, Eligibility, §463.305, Terms, §463.307, Meetings, §463.309, Limitation of Powers, §463.311, Testimony, and §463.313, Expulsion; and Subchapter D, Health and Wellness Committee, §463.401, Purpose, §463.403, Eligibility, §463.405, Terms, §463.407, Meetings, §463.409, Limitation of Powers, §463.411, Testimony, and §463.413, Expulsion.

BACKGROUND AND PURPOSE

The purpose of the proposed new chapter is to establish rules governing the Commission's advisory committees under Texas Government Code §419.908(f). This new chapter and rules implement a Sunset Commission's recommendation and Senate Bill 709 as passed by the 87th legislature.

FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT

Michael Wisko, Agency Chief, has determined that for each year of the first five-year period the proposed amendments are in effect, there will be no significant fiscal impact to state government or local governments as a result of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4).

PUBLIC BENEFIT AND COST NOTE

Mr. Wisko has also determined under Texas Government Code §2001.024(a)(5) that for each year of the first five years the amendments are in effect the public benefit will be accurate, clear, and concise rules.

LOCAL ECONOMY IMPACT STATEMENT

There is no anticipated effect on the local economy for the first five years that the proposed amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES AND RURAL COMMUNITIES

Mr. Wisko has determined there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these amendments. Therefore, no economic impact statement or regulatory flexibility analysis, as provided by Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT

The agency has determined under Texas Government Code §2006.0221 that during the first five years the amendments are in effect:

(1) the rules will not create or eliminate a government program;

(2) the rules will not create or eliminate any existing employee positions;

(3) the rules will not require an increase or decrease in future legislative appropriation;

(4) the rules will not result in a decrease in fees paid to the agency;

(5) the rules will not create a new regulation;

(6) the rules will not expand a regulation;

(7) the rules will not increase the number of individuals subject to the rule; and

(8) the rules are not anticipated to have an adverse impact on the state's economy.

TAKINGS IMPACT ASSESSMENT

The commission has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS

The proposed amendments do not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.

ENVIRONMENTAL IMPACT STATEMENT

The commission has determined that the proposed amendments do not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register, to Michael Wisko, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to amanda.khan@tcfp.texas.gov.

SUBCHAPTER A. PRACTICE AND PROCEDURES

37 TAC §463.1, §463.3

STATUTORY AUTHORITY

The new chapter is proposed under Texas Government Code §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties, and may appoint advisory committees to assist the commission in the performance of its duties.

CROSS REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§463.1.Purpose and Objectives.

(a) The Texas Commission on Fire Protection (TCFP) is organized to aid in the protection of lives and property of Texas citizens through the development and enforcement of recognized professional standards for individuals and the fire service. To achieve the goals of TCFP, each committee will evaluate, make recommendations, and issue reports to the Commission on any issue in the committee's purview. Committees shall represent TCFP in advocacy for or opposition to projects and issues upon the specific authority of the Commission or such authority as may be clearly granted upon general powers delegated by the Commission to that committee.

(b) The commission has established a Fire Fighter Advisory Committee, Curriculum and Testing Committee, and Health and Wellness Committee. The committee's purpose, eligibility, terms, and meeting procedures are identified in the following subchapters.

§463.3.General.

(a) The Chairperson of the Commission, by and with the approval of the Commission, shall approve all committees and appoint all Committee Chairs. Committee Chairs are responsible for selecting committee members, which are then presented to the Commission for final approval.

(b) The Chairperson of the Commission, with the approval of the Commission, may convene additional committees that are deemed to be in the best interest of the Texas Commission on Fire Protection (TCFP) and its mission.

(c) All committees shall be subject to, and governed by, these bylaws.

(d) The Chairperson of the Commission, by and with the approval of the Commission, will appoint the chairs, who serve at the pleasure of the Commission and may remain in this position for two (2) years before reappointment or until such time as a new person is appointed as the chair.

(e) Committees should be composed of a reasonable odd number of members, with a minimum of nine and a maximum of 15 members.

(f) The committees shall meet at least twice each calendar year at the call of either the committee chair or the Commission.

(g) All committees shall be reviewed for relevance by the Commission every odd year and will either be renewed or discontinued.

(h) Committee Chairs may form ad hoc committees when, in the judgment of the Chair, it will enhance or provide guidance for a specific purpose and time limit/period. Committee Chairs may determine committee selection, but membership is limited only to the ad hoc committee and will disband once the purpose has been met.

(i) Every October each Committee Chair will present to the Commission an end of year status report.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 9, 2022.

TRD-202201815

Mike Wisko

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 19, 2022

For further information, please call: (512) 936-3812


SUBCHAPTER B. FIREFIGHTER ADVISORY COMMITTEE

37 TAC §§463.201, 463.203, 463.205, 463.207, 463.209, 463.211, 463.213

STATUTORY AUTHORITY

The new chapter is proposed under Texas Government Code §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties, and may appoint advisory committees to assist the commission in the performance of its duties.

CROSS REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§463.201.Purpose.

The Firefighter Advisory Committee's purpose is to assist the commission in matters relating to fire protection personnel, fire departments, along with suggested guidance to volunteer firefighters and volunteer fire departments. The committee shall periodically review commission rules relating to fire protection personnel, fire departments, other firefighters, and organizations subject to the regulation of TCFP and recommend changes in the rules when applicable. The committee shall be composed of nine members appointed by the commission. Six members of the committee must be certified 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 chief or volunteer firefighter.

§463.203.Eligibility.

(a) Any person, association, corporation, partnership, or other entity having an interest in the above-recited objectives shall be eligible for membership.

(b) Committee composition should have representatives from each fire protection stakeholder group, with consideration on department size, region, and mission.

(c) Interested candidates may apply for committee appointments between January 1 - March 31 of each year. The list of candidates will then be presented to the Commission during their April meeting for consideration. Each October, the Commission will appoint committee members and select alternates at the same time in the event committee members cannot fulfill their tenure and/or replacement members are needed. Terms shall begin in January following approval.

§463.205.Terms.

Committee members shall be appointed to serve six (6) year terms of office, with the intent to stagger and to ensure continuity of members from year to year. Committee members serve six-year terms and may serve consecutively; however, after a second six-year term, the member will not be eligible for another term until after a lapse of two years.

§463.207.Meetings.

(a) Committee Chairs, or a designated Committee member when the Chair is unavailable, shall conduct all committee meetings.

(b) Committee meetings should be held in Austin, Texas. Committee meetings cannot be held outside of the state of Texas.

(c) Committees shall post meeting times, locations, and agendas with the Secretary of State in accordance with the Open Meetings Act, Texas Government Code Chapter 551. Committees shall keep minutes in accordance with the Open Meetings Act. When feasible, Committees may allow members of the public to participate in a meeting from a remote location by videoconference call pursuant to Texas Government Code §551.127(k) to encourage access and participation throughout the state.

(d) Committee chairs may limit discussion times if, in the opinion of the Chair, it is warranted. Participants who fail to follow the above rules may be subject to removal from the meeting.

(e) Committees may meet by videoconference calls, but only if they follow requirements of Texas Government Code §551.127. The committee must still have a physical location for the public to attend. The member presiding over the meeting must attend in person, while other members and staff may attend remotely.

§463.209.Limitation of Powers.

No action by any Committee Chair or its members shall be binding upon, or constitute an expression of, the policy of TCFP until it has been approved or ratified by the Commission. It shall be the function of the committees to evaluate, to make recommendations, and to report only to the Commission. Committees shall represent TCFP in advocacy for or opposition to projects and issues upon the specific authority of the Commission or such authority as may be clearly granted upon general powers delegated by the Commission to that committee.

§463.211.Testimony.

Once committee action has been approved by both the Chairperson of the Commission and the Commission, testimony and/or presentations may be given and made before stakeholders, governmental agencies, or any other entity as deemed appropriate by the Chairperson of the Commission.

§463.213.Expulsion.

After written notice and a hearing before the Commission, any Committee member may be expelled from a Committee for conduct that is unbecoming or prejudicial to the aims or repute of TCFP or expelled for lack of attendance to more than half of the scheduled Committee meetings in a calendar year.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 9, 2022.

TRD-202201816

Mike Wisko

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 19, 2022

For further information, please call: (512) 936-3812


SUBCHAPTER C. CURRICULUM AND TESTING COMMITTEE

37 TAC §§463.301, 463.303, 463.305, 463.307, 463.309, 463.311, 463.313

STATUTORY AUTHORITY

The new chapter is proposed under Texas Government Code §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties, and may appoint advisory committees to assist the commission in the performance of its duties.

CROSS REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§463.301.Purpose.

The purpose of the Curriculum and Testing Committee is to develop and review curricula, test questions, procedures, and the testing process leading to certifications based on applicable NFPA standards, while maintaining compliance with the accreditation process, as required by the International Fire Service Accreditation Congress (IFSAC) when applicable to paid firefighters. Meetings determining final exam development and review (test questions) should be closed meetings per Texas Government Code §551.088 and comply with the requirements of the Open Meetings Act, Texas Government Code Chapter 551.

§463.303.Eligibility.

(a) Any person, association, corporation, partnership, or other entity having an interest in the above-recited objectives shall be eligible for membership.

(b) Committee composition should have representatives from each fire protection stakeholder group, with consideration on department size, region, and mission.

(c) Interested candidates may apply for committee appointments between January 1 - March 31 of each year. The list of candidates will then be presented to the Commission during their April meeting for consideration. Each October, the Commission will appoint committee members and select alternates at the same time in the event committee members cannot fulfill their tenure and/or replacement members are needed. Terms shall begin in January following approval.

§463.305.Terms.

Committee members shall be appointed to serve six (6) year terms of office, with the intent to stagger and to ensure continuity of members from year to year. Committee members serve six-year terms and may serve consecutively; however, after a second six-year term, the member will not be eligible for another term until after a lapse of two years.

§463.307.Meetings.

(a) Committee Chairs, or a designated Committee member when the Chair is unavailable, shall conduct all committee meetings.

(b) Committee meetings should be held in Austin, Texas. Committee meetings cannot be held outside of the state of Texas.

(c) Committees shall post meeting times, locations, and agendas with the Secretary of State in accordance with the Open Meetings Act, Texas Government Code Chapter 551. Committees shall keep minutes in accordance with the Open Meetings Act. When feasible, Committees may allow members of the public to participate in a meeting from a remote location by videoconference call pursuant to Texas Government Code §551.127(k) to encourage access and participation throughout the state.

(d) Committee chairs may limit discussion times if, in the opinion of the Chair, it is warranted. Participants who fail to follow the above rules may be subject to removal from the meeting.

(e) Committees may meet by videoconference calls, but only if they follow requirements of Texas Government Code §551.127. The committee must still have a physical location for the public to attend. The member presiding over the meeting must attend in person, while other members and staff may attend remotely.

§463.309.Limitation of Powers.

No action by any Committee Chair or its members shall be binding upon, or constitute an expression of, the policy of TCFP until it has been approved or ratified by the Commission. It shall be the function of the committees to evaluate, to make recommendations, and to report only to the Commission. Committees shall represent TCFP in advocacy for or opposition to projects and issues upon the specific authority of the Commission or such authority as may be clearly granted upon general powers delegated by the Commission to that committee.

§463.311.Testimony.

Once committee action has been approved by both the Chairperson of the Commission and the Commission, testimony and/or presentations may be given and made before stakeholders, governmental agencies, or any other entity as deemed appropriate by the Chairperson of the Commission.

§463.313.Expulsion.

After written notice and a hearing before the Commission, any Committee member may be expelled from a Committee for conduct that is unbecoming or prejudicial to the aims or repute of TCFP or expelled for lack of attendance to more than half of the scheduled Committee meetings in a calendar year.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 9, 2022.

TRD-202201817

Mike Wisko

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 19, 2022

For further information, please call: (512) 936-3812


SUBCHAPTER D. HEALTH AND WELLNESS COMMITTEE

37 TAC §§463.401, 463.403, 463.405, 463.407, 463.409, 463.411, 463.413

STATUTORY AUTHORITY

The new chapter is proposed under Texas Government Code §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties, and may appoint advisory committees to assist the commission in the performance of its duties.

CROSS REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§463.401.Purpose.

The purpose of the Health and Wellness Committee is to provide factual data and practical guidance regarding key areas of health and wellness to educate, inform, and facilitate the development of action guides for individuals and departments.

§463.403.Eligibility.

(a) Any person, association, corporation, partnership, or other entity having an interest in the above-recited objectives shall be eligible for membership.

(b) Committee composition should have representatives from each fire protection stakeholder group, with emphasis on department size, region, and mission

(c) Interested candidates may apply for committee appointments between January 1 - March 31 of each year. The list of candidates will then be presented to the Commission during their April meeting for consideration. Each October, the Commission will appoint committee members and select alternates at the same time in the event committee members cannot fulfill their tenure and/or replacement members are needed. Terms shall begin in January following approval.

§463.405.Terms.

Committee members shall be appointed to serve six (6) year terms of office, with the intent to stagger and to ensure continuity of members from year to year. Committee members serve six-year terms and may serve consecutively; however, after a second six-year term, the member will not be eligible for another term until after a lapse of two years.

§463.407.Meetings.

(a) Committee Chairs, or a designated Committee member when the Chair is unavailable, shall conduct all committee meetings.

(b) Committee meetings should be held in Austin, Texas. Committee meetings cannot be held outside of the state of Texas.

(c) Committees shall post meeting times, locations, and agendas with the Secretary of State in accordance with the Open Meetings Act, Texas Government Code Chapter 551. Committees shall keep minutes in accordance with the Open Meetings Act. When feasible, Committees may allow members of the public to participate in a meeting from a remote location by videoconference call pursuant to Texas Government Code §551.127(k) to encourage access and participation throughout the state.

(d) Committee chairs may limit discussion times if, in the opinion of the Chair, it is warranted. Participants who fail to follow the above rules may be subject to removal from the meeting.

(e) Committees may meet by videoconference calls, but only if they follow requirements of Texas Government Code §551.127. The committee must still have a physical location for the public to attend. The member presiding over the meeting must attend in person, while other members and staff may attend remotely.

§463.409.Limitation of Powers.

No action by any Committee Chair or its members shall be binding upon, or constitute an expression of, the policy of TCFP until it has been approved or ratified by the Commission. It shall be the function of the committees to evaluate, to make recommendations, and to report only to the Commission. Committees shall represent TCFP in advocacy for or opposition to projects and issues upon the specific authority of the Commission or such authority as may be clearly granted upon general powers delegated by the Commission to that committee.

§463.411.Testimony.

Once committee action has been approved by both the Chairperson of the Commission and the Commission, testimony and/or presentations may be given and made before stakeholders, governmental agencies, or any other entity as deemed appropriate by the Chairperson of the Commission.

§463.413.Expulsion.

After written notice and a hearing before the Commission, any Committee member may be expelled from a Committee for conduct that is unbecoming or prejudicial to the aims or repute of TCFP or expelled for lack of attendance to more than half of the scheduled Committee meetings in a calendar year.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 9, 2022.

TRD-202201818

Mike Wisko

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 19, 2022

For further information, please call: (512) 936-3812