TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

CHAPTER 267. RELEASE

37 TAC §267.6

The Texas Commission on Jail Standards adopts new rule §267.6 to Texas Administrative Code, Title 37, concerning the time of day that county jail inmates must be released from custody, without changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5378) and will not be republished.

Legislative hearings during the 86th Legislature found that nighttime release from jail of inmates increases opportunities for traffickers to prey on this population. That places the released inmates in danger. SB 1700 created Code of Criminal Procedure Article 43.13(c)-(d) to address this problem and permit the Commission to monitor compliance.

New rule §267.6(a) requires county jails to release between 6 a.m. and 5 p.m. those inmates who have discharged their sentences. §267.6(b) allows jails to credit inmates with no more than 18 hours of time served and then release such inmates on the day preceding the day they discharge their sentence. Lastly, §267.6(c), under specified conditions, permits jails to release inmates during the hours outside of from 6 a.m. and 5 p.m.

No comments were received related to the new rule.

The new rule is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2019.

TRD-201904200

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: November 28, 2019

Proposal publication date: September 20, 2019

For further information, please call: (512) 463-2690


CHAPTER 269. RECORDS AND PROCEDURES

SUBCHAPTER A. GENERAL

37 TAC §269.1

The Texas Commission on Jail Standards adopts an amendment to 37 Texas Administrative Code (TAC) §269.1, concerning the electronic submission of county jail reports, without changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5379). The amended rule will not be republished.

Legislative hearings during the 86th Legislature identified the need to promote efficiency in county jails reporting to the Commission by requiring it to establish a system for the electronic submission of forms, data, and documents. For that purpose, HB 3440 added Government Code §511.1404 to require county jails to submit their monthly reports to the Commission in electronic format and by electronic means. It also permits the Commission to set and collect a reasonable fee from those jails that do not submit their documents in accordance with this rule.

The amendments add paragraph (8) to 37 TAC §269.1 to require county jails to submit specified reports to the Commission in electronic format. Paragraph (9) is added to permit jails to submit these reports in non-electronic format and permits the Commission to impose a fee on jails that submit them in non-electronic format.

Public comment related to the implementation of the rule rather than the rule language itself. For that reason, the comment did not change the rule language. The Commission will consider and in fact is already including some of the implementation comments as it develops the electronic document submission process.

The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2019.

TRD-201904193

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: November 28, 2019

Proposal publication date: September 20, 2019

For further information, please call: (512) 463-2690


SUBCHAPTER E. REPORT ON RESTRAINT OF PREGNANT INMATES

37 TAC §§269.50 - 269.53

The Texas Commission on Jail Standards adopts new rules to Texas Administrative Code, Title 37, Subchapter E, §§269.50 - 269.53, concerning the use of restraints on pregnant inmates in county jails, with changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5380) and will be republished.

The 86th Legislature heard testimony that the use of restraints on a pregnant prisoner poses indirect health risks to pregnant prisoners and new mothers. HB 1651 added Government Code §511.0104 to address that need by expanding the documentation of the use of restraints on pregnant inmates in county jails.

These rules create Subchapter E, §269.50 of Texas Administrative Code, Title 37 to require the Commission to collect and review reports on the use of restraints on pregnant inmates; §269.51 to require jails to annually submit reports on the use of restraints on pregnant inmates or on inmates who gave birth within 12 weeks of the use of restraints; §269.52 to specify the contents of the annual restraint report; and lastly, and lastly §269.53 to require the Commission to prescribe a form for the annual restraint report.

No public comments were received related to adopting these rules.

The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

§269.50.Review.

The Commission is required by Government Code, Chapter 511, §511.0105 to collect and review reports on the use of restraints on pregnant inmates.

§269.51.Submission.

No later than February 1 of each year, each facility under the Commission's purview shall submit a report regarding the facility's use, during the preceding calendar year, of any type of restraints to control or restrict the movement of an inmate, including a limb or other part of the inmate, who is confirmed to be pregnant or who gave birth in the preceding 12 weeks.

§269.52.Content.

The report shall include the circumstances of each use of restraints, including:

(1) the specific type of restraints used;

(2) what activity the inmate was engaged in immediately before being restrained;

(3) whether the inmate was restrained during or after delivery;

(4) whether the inmate was restrained while being transported to a local hospital; and

(5) the reasons supporting the determination to use the restraints, a description of the process by which the determination was made, and the name and title of the person or persons making the determination.

§269.53.Form.

The commission shall prescribe a form for the report required for this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2019.

TRD-201904196

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: November 28, 2019

Proposal publication date: September 20, 2019

For further information, please call: (512) 463-2690


CHAPTER 273. HEALTH SERVICES

37 TAC §273.2

The Texas Commission on Jail Standards adopts amendments to Texas Administrative Code, Title 37, §273.2, concerning OBGYN care in county jails. Specifically, the Commission amends §273.2(13), concerning access to mental health services in county jails, and adds §273.2(15), concerning jail staff identifying when an inmate is in labor and transporting these inmates to a local hospital. The amendments are adopted with changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5381) and will be republished.

During the 85th Legislative Session, SB1849 added Government Code §511.009(a)(23), which provided that county jails must give prisoners 24/7 access to mental health services at the jail or via telemental health care. The 86th Legislative Session identified a need to amend this prior law. HB 4468 adds the requirement that jails otherwise give prisoners access to a mental health professional within a reasonable time. HB 1651 amended Government Code §511.009(a)(18)(B) and added (C), requiring the Commission to adopt rules and procedures establishing minimum jail standards for including the provision of obstetrical and gynecological care for pregnant inmates in the jail health services plan, identifying when a pregnant prisoner is in labor, providing appropriate care, and transporting the prisoner to a local hospital.

These amendments add language to TAC §273.2(5) that specifies that obstetrical and gynecological care must be included in the medical care already required for pregnant inmates. They further add language to §273.2(13) to require that when mental illness treatment is not available by onsite in-person or telemental healthcare, jails must provide the inmate access to a qualified mental health professional within a reasonable time. Lastly, the new rule adds §273.2(15) to require the Commission to provide procedures to train staff to identify when pregnant inmates are in labor, provide them access to appropriate care, and, under specified conditions, to promptly transport them to a local hospital.

One comment was received that suggested specific language related to jail staff recognizing symptoms of labor and the use of a screening questionnaire. These suggestions were incorporated into the discussion at the subsequent workgroup meeting with the commenter present.

The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

§273.2.Health Services Plan.

Each facility shall have and implement a written plan, approved by the Commission, for inmate medical, mental, and dental services. The plan shall:

(1) provide procedures for regularly scheduled sick calls;

(2) provide procedures for referral for medical, mental, and dental services;

(3) provide procedures for efficient and prompt care for acute and emergency situations;

(4) provide procedures for long-term, convalescent, and care necessary for disabled inmates;

(5) provide procedures for medical, to include obstetrical and gynecological care, mental, nutritional requirements, special housing and appropriate work assignments and the documented use of restraints during labor, delivery and recovery for known pregnant inmates. A sheriff/operator shall notify the commission of any changes in policies and procedures in the provision of health care to pregnant prisoners. A sheriff/operator shall notify the commission of any changes in policies and procedures in the placement of a pregnant prisoner in administrative separation;

(6) provide procedures for the control, distribution, secured storage, inventory, and disposal of prescriptions, syringes, needles, and hazardous waste containers;

(7) provide procedures for the distribution of prescriptions in accordance with written instructions from a physician by an appropriate person designated by the sheriff/operator;

(8) provide procedures for the control, distribution, and secured storage of over-the-counter medications;

(9) provide procedures for the rights of inmates to refuse health care in accordance with informed consent standards for certain treatments and procedures (in the case of minors, the informed consent of a parent, guardian, or legal custodian, when required, shall be sufficient);

(10) provide procedures for all examinations, treatments, and other procedures to be performed in a reasonable and dignified manner and place;

(11) provide that adequate first aid equipment and patient evacuation equipment be on hand at all times;

(12) provide procedures that shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody;

(13) provide procedures that shall give inmates the ability to access a mental health professional at the jail or through a telemental health service 24 hours a day and approved by the Commission by August 31, 2020. If a mental health professional is not present at the county jail at the time or available by telemental health services, then require the jail to provide the inmate access to, at a minimum, a qualified mental health professional (as defined by 25 TAC, §412.303(48)) within a reasonable time;

(14) provide procedures that shall give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional and approved by the Commission by August 31, 2020; and

(15) provide procedures to train staff to identify when a pregnant inmate is in labor and provide access to appropriate care. Inmates shall be promptly transported to a local hospital when they state that they are in labor or are determined by a person at the level of emergency medical technician or above to be in labor.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2019.

TRD-201904191

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: November 28, 2019

Proposal publication date: September 20, 2019

For further information, please call: (512) 463-2690


37 TAC §273.6

The Texas Commission on Jail Standards adopts amendments to Texas Administrative Code, Title 37, §273.6, concerning the use of restraints on pregnant inmates in county jails, with changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5382) and will not be republished.

The 86th Legislature heard testimony that the use of restraints on a pregnant prisoner poses indirect health risks to pregnant prisoners and new mothers. HB 1651 added Government Code §511.0104 to address that need by limiting the use of restraints on pregnant inmates in county jails.

The amendment to §273.6(6) prohibits the use of restraints on pregnant inmates and on specific female inmates, except under specified conditions. §273.6(7) requires that when jails use restraints on these inmates that the jails use the least restrictive restraints that will still prevent escape and ensure health and safety. §273.6(8) requires jail staff to refrain from using restraints on these inmates when so requested by health care professional responsible for the inmate's health and safety. Lastly, the amendment to §276.6(7) adjusts the rule number to §267.6(7) to (9) in order to accommodate the new rule numbers.

The Commission received one public comment related to this rule. This comment sought to specify the type of restraints that should never be used on a pregnant inmate. This commenter was present at the rule workshop, but the suggestion was not adopted.

The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

§273.6.Restraints.

Inmates exhibiting behavior indicating that they are a danger to themselves or others shall be managed in such a way as to minimize the threat of injury or harm. If restraints are determined to be necessary, they shall be used in a humane manner, only for the prevention of injury, and not as a punitive measure.

(1) The decision to apply restraints shall be made by supervisory or medical personnel. Appropriate staff should assess the inmate's medical condition.

(2) Restraints should restrict movement of an inmate only to the degree necessary to avoid injurious behavior. Soft or padded restraints should be used when feasible. Inmates shall not be restrained in a position or manner that would exacerbate any physical infirmities.

(3) A documented observation of the inmate shall be conducted every 15 minutes, at a minimum. The observations should include an assessment of the security of the restraints and the circulation to the extremities.

(4) The inmate should receive medical care a minimum of every 2 hours, to include changing position, exercising extremities, offering nourishment and liquids, offering toilet facilities, checking for medication needs, and taking vital signs. These checks shall be documented.

(5) Documentation of use of restraints shall include, but not be limited to the following: the events leading up to the need for restraints, the time the restraints were applied, the justification for their use, observations of the inmate's behavior and condition, the 15-minute checks and the time the restraints were removed.

(6) A jail shall not use restraints on a inmate confirmed to be pregnant or who gave birth in the preceding 12 weeks for the duration of the pregnancy and for a period of not less than 12 weeks after the inmate gives birth:

(A) unless supervisory personnel determine that the use of restraints is necessary to prevent an immediate and credible risk that the inmate will attempt to escape; or the inmate poses an immediate and serious threat to the health and safety of the inmate, staff, or any member of the public; or

(B) unless a health care professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the health and safety of the inmate and, if applicable, the unborn child of the inmate.

(7) If the determination to utilize restraints in accordance with paragraph (6)(A) or (B) of this section is made, a jail shall use the least restrictive restraints necessary to prevent escape or to ensure health and safety; and at the request of a health care professional responsible for the health and safety of the inmate, jail staff shall refrain from using restraints on the inmate or shall remove the restraints.

(8) Notwithstanding paragraph (6)(A) of this section, at the request of a health care professional responsible for the health and safety of the inmate, jail staff shall refrain from using restraints on the inmate or shall remove the restraints.

(9) Use of restraints on pregnant inmates shall be documented and submitted as required by §269.50 of this title (relating to Restraints on Pregnant Inmates).

(10) Restraints shall be removed from an inmate at the earliest possible time that the inmate no longer exhibits behavior necessitating restraint. In no case shall an inmate be kept in restraints longer than 24 hours.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2019.

TRD-201904199

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: November 28, 2019

Proposal publication date: September 20, 2019

For further information, please call: (512) 463-2690


CHAPTER 277. CLOTHING, PERSONAL HYGIENE AND BEDDING

37 TAC §277.11

The Texas Commission on Jail Standards adopts new Texas Administrative Code, Title 37 §277.11, concerning feminine hygiene products, with changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5383) and will be republished.

Legislative hearings during the 86th Legislature heard concerns that female inmates in county jails are not sufficiently supplied with feminine hygiene products, and that this creates health care risks and humiliation. HB2169 added Government Code §511.009(a)(24) to require the Commission to establish minimum standards related to feminine hygiene products.

The new rule adds §277.11 to Texas Administrative, Title 37 to require jails to provide to female inmates quality feminine hygiene products, as specified, and to make them available at all times and upon request.

No comments were received related to this new rule.

The new rule is adoped under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

§277.11.Feminine Hygiene Products.

Jails shall provide quality feminine hygiene products to female inmates, to include tampons in regular and large sizes and menstrual pads with wings in regular and large sizes. These products shall be available at all times and upon request. Inmates who utilize these products in a manner other than their intended purpose may be subject to disciplinary action in accordance with the facility's approved Discipline Plan.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2019.

TRD-201904194

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: December 28, 2019

Proposal publication date: September 20, 2019

For further information, please call: (512) 463-2690


CHAPTER 297. COMPLIANCE AND ENFORCEMENT

37 TAC §297.7

The Texas Commission on Jail Standards adopts an amendment to Texas Administrative Code, Title 37, §297.7, concerning Commission review of private county jails that are non-compliant, without changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5384) and will not be republished.

Legislative hearings during the 86th Legislature identified the need to give additional scrutiny to private jail compliance with Minimum Jail Standards. HB4468 added Gov. Code 511.011(b) to require TCJS to adopt rules that require the Commission to review non-compliant private county jails at the Commission meeting that occurs subsequent to the private county jails being found in non-compliance.

The amendment adds §297.7(b), which requires that, whenever the Commission finds private jail facilities to be in non-compliance with Minimum Jail Standards, the Commission must review the facility at its next quarterly meeting.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2019.

TRD-201904192

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: December 28, 2019

Proposal publication date: September 20, 2019

For further information, please call: (512) 463-2690


PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 403. CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION

37 TAC §§403.3, 403.11, 403.15

The Texas Commission on Fire Protection (the commission) adopts amendments to Chapter 403, Criminal Convictions and Eligibility for Certification, concerning §403.3, Scope, §403.11, Procedures for Suspension, Revocation or Denial of a Certificate to Persons with Criminal Backgrounds, and §403.15, Report of Convictions by an Individual or a Department. The amendments to §403.11 are adopted with changes to the proposed text as published in the September 13, 2019, Texas Register (44 TexReg 4969). The change is the deletion of the word "division" and its replacement with "commission" in §403.11(a). This change removes an incorrect reference to a division that no longer exists within the agency.

The amendments to §403.3 and §403.15 are adopted without changes to the text as published in the September 13, 2019, issue of the Texas Register, (44 TexReg 4969) and will not be republished.

Senate Bill 1217 enacted by the 86th Texas Legislature (2019) forbids an agency from considering an arrest that did not result in an individual's conviction. The amended sections remove language regarding an individual's conduct prior to court action and corrects the number that appears on the commission's Notice of Conviction form.

No comments were received from the public regarding the adoption of the amendments.

The amended sections are adopted under Texas Government Code, §419.0325(c), which authorizes the commission to adopt rules establishing criteria for denying a person certification be fire protection personnel based on the persons criminal history record information. The amended sections are also adopted under Texas Government Code, §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission.

§403.11.Procedures for Suspension, Revocation, or Denial of a Certificate to Persons with Criminal Backgrounds.

(a) If the commission proposes to suspend, revoke, limit, or deny a certificate based on the criteria in this chapter, the commission shall notify the individual per Government Code, Chapter 2001. The notice of intended action shall specify the facts or conduct alleged to warrant the intended action.

(b) If the proposed action is to limit, suspend, revoke, or refuse to renew a current certificate, or deny an application for a new certificate, a written notice of intended action shall comply with the preliminary notice requirements of Government Code §2001.054(c). The individual may request, in writing, an informal conference with the commission staff in order to show compliance with all requirements of law for the retention of the certificate, pursuant to Government Code §2001.054(c). A written request for an informal staff conference must be submitted to the division director no later than 15 days after the date of the notice of intended action. If the informal staff conference does not result in an agreed consent order, a formal hearing shall be conducted in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.

(c) If the individual does not request an informal staff conference or a formal hearing in writing within the time specified in this section, the individual is deemed to have waived the opportunity for a hearing, and the proposed action will be taken.

(d) If the commission limits, suspends, revokes, or denies a certificate under this chapter, a written notice shall be provided to the person that includes:

(1) the reasons for the decision;

(2) that the person may appeal the decision to the commission in accordance with §401.63 of this title (relating to Final Decision and Orders) within 30 days from the date the decision is final and appealable;

(3) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County, Texas, for judicial review of the evidence presented to the commission and its decision; and that such petition must be filed with the court no later than 30 days after the commission action is final and appealable.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 12, 2019.

TRD-201904207

Paul Maldonado

Interim Executive Director

Texas Commission on Fire Protection

Effective date: December 2, 2019

Proposal publication date: September 13, 2019

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


CHAPTER 421. STANDARDS FOR CERTIFICATION

37 TAC §421.11

The Texas Commission on Fire Protection (the commission) adopts amendments to 37 Texas Administrative Code Chapter 421, Standards for Certification, §421.11, concerning Requirement To Be Certified Within One Year. The amended section is adopted without changes as published in the September 13, 2019, issue of the Texas Register, (44 TexReg 4971) and will not be republished.

The amended section implements the requirements of Senate Bill 1200 enacted by the 86th Texas Legislature (2019) by including a process for military spouses to be appointed to fire protection duties. Also, in subsections (a) and (b) of rule §421.11, the word "commission" is no longer capitalized in order to be consistent with the use of the term in other commission rules.

No comments were received from the public regarding the adoption of the amendments.

The amended section is adopted under Texas Government Code, §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The amended section is also adopted under Texas Government Code §419.032(b) which authorizes the commission to adopt rules establishing the qualifications for fire protection personnel.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 12, 2019.

TRD-201904208

Paul Maldonado

Interim Executive Director

Texas Commission on Fire Protection

Effective date: December 2, 2019

Proposal publication date: September 13, 2019

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


CHAPTER 433. DRIVER/OPERATOR

SUBCHAPTER B. MINIMUM STANDARDS FOR DRIVER/OPERATOR-AERIAL APPARATUS

37 TAC §433.207

The Texas Commission on Fire Protection (commission) adopts amendments to 37 Texas Administrative Code Chapter 433, Drive/Operator, Subchapter B, Minimum Standards For Driver/Operator-Aerial Apparatus, §433.207, concerning International Fire Service Accreditation Congress (IFSAC) Seal. The amended section is adopted without changes as published in the September 13, 2019, issue of the Texas Register, (44 TexReg 4972) and will not be republished.

The amended section removes from the rule the "grandfathering" provision that expired on its own terms on May 31, 2019.

No comments were received from the public regarding the adoption of the amendment.

The amended section is adopted under Texas Government Code, §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The amended section is also adopted under Texas Government Code §419.032(b), which authorizes the commission to adopt rules establishing the qualifications of fire protection personnel.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 12, 2019.

TRD-201904209

Paul Maldonado

Interim Executive Director

Texas Commission on Fire Protection

Effective date: December 2, 2019

Proposal publication date: September 13, 2019

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


CHAPTER 453. HAZARDOUS MATERIALS

SUBCHAPTER B. MINIMUM STANDARDS FOR HAZARDOUS MATERIALS INCIDENT COMMANDER

37 TAC §453.207

The Texas Commission on Fire Protection (commission) adopts amendments to 37 Texas Administrative Code Chapter 453, Hazardous Materials, Subchapter B, Minimum Standards For Hazardous Materials Incident Commander, §453.207, concerning International Fire Service Accreditation Congress (IFSAC) Seal. The amended section is adopted without changes as published in the September 13, 2019, issue of the Texas Register, (44 TexReg 4977) and will not be republished.

The amended section removes from the rule the "grandfathering" provision that expired by its own terms on May 31, 2019.

No comments were received from the public regarding the adoption of the amendments.

The amended section is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The amended section is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the qualifications of fire protection personnel.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 12, 2019.

TRD-201904210

Paul Maldonado

Interim Executive Director

Texas Commission on Fire Protection

Effective date: December 2, 2019

Proposal publication date: September 13, 2019

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


CHAPTER 457. MINIMUM STANDARDS FOR INCIDENT SAFETY OFFICER CERTIFICATION

37 TAC §457.7

The Texas Commission on Fire Protection (commission) adopts amendments to 37 Texas Administrative Code Chapter 457, Minimum Standards For Incident Safety Officer Certification §457.7, concerning International Fire Service Accreditation Congress (IFSAC) Seal. The amended section is adopted without changes as published in the September 19, 2019, issue of the Texas Register, (44 TexReg 4978) and will not be republished.

The amended section removes from the rule the "grandfathering" provision that expired on its own terms on May 31, 2019.

No comments were received from the public regarding the adoption of the amendments.

The amended section is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The amended section is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the qualifications of fire protection personnel.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 12, 2019.

TRD-201904212

Paul Maldonado

Interim Executive Director

Texas Commission on Fire Protection

Effective date: December 2, 2019

Proposal publication date: September 13, 2019

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