PART 13. TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 421. STANDARDS FOR CERTIFICATION
The Texas Commission on Fire Protection (commission) proposes amendments to 37 Texas Administrative Code Chapter 421 Standards For Certification, concerning §421.17, Requirement to Maintain Certification.
BACKGROUND AND PURPOSE
The purpose of the proposed amendments to rule §429.17(c) is to provide an exception when special circumstances are presented for renewal of a certification that has been expired for more than one year.
FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT
Michael Wisko, Executive Director, 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 certification requirements.
LOCAL ECONOMY IMPACT STATEMENT
There is no anticipated effect on the local economy for the first five years that the proposed new section 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 deborah.cowan@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 qualifications of fire protection personnel.
CROSS REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these amendments.
§421.17.Requirement to Maintain Certification.
(a) All full-time or part-time employees of a fire department or local government assigned duties identified as fire protection personnel duties must maintain certification by the commission in the discipline(s) to which they are assigned for the duration of their assignment.
(b) In order to maintain the certification required by this section, the certificate(s) of the employees must be renewed annually by complying with §437.5 of this title (relating to Renewal Fees) and Chapter 441 of this title (relating to Continuing Education) of the commission standards manual.
(c) Except for subsection (d) of this section, or upon determination by the Executive Director when special circumstances are presented, an individual whose certificate has been expired for one year or longer may not renew the certificate previously held. To obtain a new certification, an individual must meet the requirements in Chapter 439 of this title (relating to Examinations for Certification).
(d) A military service member whose certificate has
been expired for three years or longer may not renew the certificate
previously held. To obtain a new certification, the person must meet
the requirements in Chapter 439 of this title[ (relating to Examinations
for Certification)]. In order to qualify for this provision,
the individual must have been a military service member at the time
the certificate expired and continued in that status for the duration
of the three-year period.
(e) The commission will provide proof of current certification to individuals whose certification has been renewed.
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 6, 2021.
TRD-202101779
Michael Wisko
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 20, 2021
For further information, please call: (512) 936-3812
The Texas Commission on Fire Protection (commission) proposes amendments to 37 Texas Administrative Code, Chapter 435, Fire Fighter Safety, concerning §435.19, Enforcement of Commission Rules.
BACKGROUND AND PURPOSE
The purpose of the proposed amendments to §435.19 is to remove the language regarding no prior notification of a commission compliance inspection of a regulated entity. This amendment will streamline the process for agency compliance officers and shorten the amount of time necessary to complete a biennial inspection of a regulated entity.
FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT
Michael Wisko, Executive Director, 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 when the commission will initiate a compliance inspection of a regulated entity.
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 deborah.cowan@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 §419.027 which authorizes the commission to adopt rules regarding conducting biennial inspections of regulated entities.
CROSS REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these amendments.
§435.19.Enforcement of Commission Rules.
(a) The commission shall enforce all commission rules at any time, including, but not limited to, commission investigations, fire department inspections, or upon receiving a written complaint from an identified person or entity of an alleged infraction of a commission rule.
(b) The commission shall initiate a biennial inspection
with an email notifying the fire department and requesting electronic
copies of the Standard Operating Procedures (SOPs), training records,
and/or other documentation needed for review, be submitted within
48 business hours of notification. The e-mail will also indicate the
date range for an on-site inspection within the upcoming two-week
period. Compliance officers may work with the Head of Department to
ensure all necessary department representatives will be present at
the time of the inspection. Compliance Officers may postpone an inspection
for extenuating circumstances with the Compliance Manager's approval.[not provide prior notification of an inspection to a fire department.]
(c) Upon receipt of a signed complaint alleging a violation of a commission rule, the commission shall have 30 days to initiate an investigation and report back to the complainant its progress.
(d) Upon substantiating the validity of a written complaint, the commission shall follow the procedures outlined in Texas Government Code, Chapter 419, §419.011(b) and (c).
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 6, 2021.
TRD-202101780
Michael Wisko
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 20, 2021
For further information, please call: (512) 936-3812