Part I.
Texas Department of Public Safety
Chapter 1.
Organization and Administration
Subchapter I. Fees for Copies of Records
37 TAC §1.129
The Texas Department of Public Safety adopts an amendment
to §1.129, concerning Fees For Sale of Motor Vehicle Accident Reports
in Highway Patrol Field Offices, without changes to the proposed text as published
in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1978) and will not be republished.
The justification for this section will be a convenience to the public
in purchasing department investigated motor vehicle accident reports.
The amendment provides a convenience to the public in purchasing department
investigated motor vehicle accident reports from local Highway Patrol field
offices where adequate clerical support exists and reproduction equipment
is available.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Transportation Code,
§550.065(e), which authorizes the Texas Department of Public Safety to
provide a copy of a vehicle accident report to any person upon written request
and payment of a $4.00 fee.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
10, 1999.
TRD-9902681
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: May 30, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
Chapter 401.
Practice and Procedure
Subchapter I. Notice and Processing Periods for Certificate Applications
37 TAC §§401.121, 401.123, 401.125, 401.127
The Texas Commission on Fire Protection adopts the repeal
of §§401.121, 401.123, 401.125, 401.127 concerning Notice and Processing
Periods for License Applications, without changes as published in the March
5, 1999, issue of the
Texas Register
(24 TexReg
1583).
The justification for the repeals is that a more timely response to incomplete
applications is required and allowing applicants to reapply when deficiencies
are resolved.
The subject matter of the repealed sections will be replaced by proposed
new sections dealing with the same subject.
There were no comments received on the proposed repeals.
The repeals are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902609
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
The Texas Commission on Fire Protection
adopts new §§401.121, 401.123, 401.125 and 401.127 concerning Notice
and Processing Periods for Certificate Applications, without changes to the
proposed text as published in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1583). The text of the rules will not be
republished.
The justification for the new sections is that a more timely response to
incomplete applications is required and allowing applicants to reapply when
deficiencies are resolved.
The new sections eliminate references to "license" applications and substitute
a reference to "certificates". In addition the processing period is reduced
from 90 days to 30 days, after which an incomplete application may be denied.
There were no comments received on the proposed new sections.
The new sections are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902608
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §§403.1, 403.3, 403.5, 403.7, 403.9, 403.11
The Texas Commission on Fire Protection adopts the repeal
of §§403.1, 403.3, 403.5, 403.7, 403.9 and 403.11 concerning Criminal
Convictions and Eligibility for Certification and Licensure, without changes
as published in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1585).
The justification for the repeals is the consistency of rules with legislation.
The subject matter of the repealed sections will be replaced by proposed
new sections dealing with the same subject.
There were no comments received on the proposed repeals.
The repeals are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902610
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §§403.1, 403.3, 403.5, 403.7, 403.9, 403.11, 403.15
The Texas Commission on Fire Protection adopts new §§403.1,
403.3, 403.5, 403.7, 403.9, 403.11 and 403.15 concerning Criminal Convictions
and Eligibility for Certification, without changes to the proposed text as
published in the March 5, 1999, issue of the
Texas
Register
(24 TexReg 1585). The text of the rules will not be republished.
The justification for the repeals is the consistency of rules with legislation
and to provide the commission with criminal history information in order to
determine fitness of person seeking or holding certification from the commission.
The new sections delete references to licenses or permits issued by the
State Fire Marshal's Office which was transferred to the Department of Insurance.
In addition statutory references are updated. Finally, new §403.15 requires
the holder of a certificate and their employing fire department to report
convictions within 14 days of the conviction.
There were no comments received on the proposed new sections.
The new sections are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902611
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §§421.3, 421.5, 421.11
The Texas Commission on Fire Protection adopts amendments
to §421.3 and §421.5, and new §421.11 concerning standards
for certification, with changes to the text published in the March 5, 1999,
issue of the
Texas Register
(24 TexReg 1588).
The amendments to §421.3 and §421.5 are adopted without changes.
The new §421.11 is adopted with changes. The change to §421.11 adds
language to clarify that an individual assigned fire protection duties must
also be certified within two years of successfully passing the applicable
commission examination.
The justification for this section is that applicants for certification
as marine fire protection personnel, fire inspector, and fire investigator
will have clear guidelines for qualifications and competencies for the positions.
In addition the amount of credit given NFA courses are standardized.
The amendments to §421.3 add competencies and qualifications for marine
fire protection personnel, fire inspector, and fire investigator, considered
essential to the positions, including the ability to read and understand English
language manuals. This ability is tested by the written examination administered
by the commission. The amendments to §421.5 add definitions that clarify
NFA course credit. The new §421.11 adds language that requires certification
within one year in all disciplines and procedures for removal and reinstatement.
Comments were received from Pharr Fire Rescue Department.
The commentator suggested adding language to clarify the requirement that
an individual who seeks certification must also be certified within two years
of successfully passing the applicable commission examination. The commission
agreed with the commentator and has added language clarifying this requirement.
The amendments and new section are adopted under Texas Government
Code, §419.008, which provides the Texas Commission on Fire Protection
with authority to propose rules for the administration of its powers and duties;
and Texas Government Code, §419.022, which provides the commission with
authority to establish minimum requirements for fire protection; Texas Government
Code, §419.032, which provides the commission with authority to establish
standards for employment as fire protection personnel; and Texas Government
Code, §419.071, which provides the commission with authority to establish
standards for the volunteer certification program.
§421.11.Requirement to be Certified Within One Year.
(a)
All full-time or part-time employees of a fire department
or local government who are assigned duties identified as fire protection
personnel duties must be certified by the Commission in the discipline(s)
to which they are assigned within one year of their assignment to the duties
or within two years of successfully passing the applicable commission examination,
whichever is less. An individual who accepts assignment(s) in violation of
this section shall be removed from the assignment(s) and will be subject to
administrative penalties. A department or local government that assigns an
individual in violation of this section will also be subject to administrative
penalties.
(b)
An individual who has been removed from assignment to duties
identified as fire protection personnel duties for violation of this section
must petition the commission in writing for permission to be reassigned to
the duties from which they were removed. The petition will be considered only
if the individual has obtained all appropriate certification(s) applicable
to the duties to which the individual seeks reassignment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902612
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §421.9
The Texas Commission on Fire Protection adopts amendments
to §421.9 concerning standards for certification, without changes to
the text published in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1590).
The justification for this section is that it eliminates an unnecessary
cost to local governments of issuing part-time certification to persons already
certified as fire protection personnel.
The amendments to §421.9 adds a subsection that permits a fire department
to employ, on a part-time basis, certified fire protection personnel without
additional part-time certification.
There were no comments received on the proposed amendment.
The amendments are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.022, which provides the commission with authority to establish
minimum requirements for fire protection personnel and Texas Government Code
§419.032, which provides the commission with authority to establish standards
for employment as fire protection personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902613
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
Subchapter A. Minimum Standards for Structure Fire Protection Personnel Certification
37 TAC §423.11
The Texas Commission on Fire Protection adopts amendments
to §423.11, concerning higher levels of certification, without changes
to the text published in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1590).
The justification for this section is that fire service personnel will
have a clearer understanding of requirements for higher levels of certification
in structural fire protection while assigned to another discipline.
The amendments to §423.11 provides a technical correction to the section
allowing persons to seek higher levels of structure certification while assigned
to another discipline.
There were no comments received on the proposed amendment.
The amendments are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.022, which provides the commission with authority to establish
minimum training standards for fire protection personnel positions; and Texas
Government Code 419.032, which provides the commission with authority to establish
standards for employment as fire protection personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902614
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §429.3
The Texas Commission on Fire Protection adopts amendments
to §429.3 concerning minimum standards for fire inspectors, without changes
to the text published in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1591).
The justification for this section is that the number of instruction hours
in a National Fire Academy program for fire inspection will be consistent
with the approved curriculum for basic fire inspector certification.
The amendments to §429.3 changes the number of minimum hours of instruction
in a National Fire Academy resident program for fire inspection which makes
it consistent with the approved curriculum for basic fire inspector certification.
It also allows for a combination of several courses that can be taught along
with the basic course of Fire Inspection Principles.
There were no comments received on the proposed amendment.
The amendments are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.022, which provides the commission with authority to establish
minimum training standards for fire protection personnel in advanced or specialized
fire protection personnel positions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902615
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
Subchapter A. Minimum Standards for Arson Investigator Certification
37 TAC §431.11
The Texas Commission on Fire Protection adopts amendments
to §431.11, concerning minimum standards for arson investigator certification
for law enforcement personnel, with a change to the proposed text as published
in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1592). The change to §431.11 omits the word "basic"
to clarify that the voluntary certification for law enforcement personnel
employed or commissioned by a law enforcement agency applies to all levels
including basic, intermediate, advanced and master.
The justification for this section is that it provides consistency and
clarification to personnel eligible to become certified as arson investigators.
The amendments to §431.11 clarifies that employees of law enforcement
agencies such as a sheriff's office or police department may be certified
as arson investigators on a voluntary basis.
There were no comments received on the proposed amendment.
The amendments are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.022, which provides the commission with authority to establish
minimum training standards for fire protection personnel in advanced or specialized
fire protection personnel positions.
§431.11.Minimum Standards for Arson Investigator Certification for Law Enforcement Personnel.
A law enforcement officer employed or commissioned by a law enforcement
agency as a peace officer who is designated as an arson investigator by an
appropriate local authority is eligible for certification on a voluntary basis
by complying with this chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902616
T.R. Thompson
General Counsel
Texas Commission on Fire
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §435.1, §435.3
The Texas Commission on Fire Protection adopts amendments
to §435.1 and §435.3, concerning fire fighter safety, without changes
to the proposed text as published in the March 5, 1999, issue of the
The justification for this section is that fire fighters are protected
by clothing that meets national standards.
The amendments to §435.1 deletes obsolete language that references
protective clothing purchased prior to 1998. It also encourages fire departments
to maintain a standard operating procedure regarding the use, care, and maintenance
of the protective clothing. The amendments to 435.3 deletes redundant language
that references the use of self-contained breathing apparatus before the adoption
of the current national standard.
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.042, which provides the commission with authority to adopt
standards for protective clothing and SCBA.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902617
T.R. Thompson
General Counsel
Texas Commission on Fire
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §437.3
The Texas Commission on Fire Protection adopts amendments
to §437.3, concerning fees for certification, without changes to the
proposed text as published in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1593).
The justification for this section is the consistency of language in the
rules.
The amendments to §437.3 requires testing prior to assignment in all
fire protection disciplines consistent with changes to other commission rules.
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.026, which provides the commission with authority to establish
fees for certification and examinations; and Texas Government Code, §419.034,
which provides the commission with authority to establish standards for certificate
renewal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902618
T.R. Thompson
General Counsel
Texas Commission on Fire
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
37 TAC §439.3
The Texas Commission on Fire Protection adopts amendments
to §439.3, concerning examinations for certification, without changes
to the proposed text as published in the March 5, 1999, issue of the
The justification for this section is that personnel are proficient in
the current standards.
The amendments to §439.3 specifies that if training is conducted in
phase format that the examination will be based upon the curriculum in place
at the time of the examination.
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.032, concerning basic certification examinations.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
3, 1999.
TRD-9902619
T.R. Thompson
General Counsel
Texas Commission on Fire
Effective date: May 23, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 918-7189
Part XIII.
Texas Commission on Fire Protection
Chapter 403.
Criminal Convictions and Eligibility for Certification and Licensure
Chapter 403.
Criminal Convictions and Eligibility for Certification
Chapter 421.
Standards for Certification
Chapter 423.
Fire Suppression
Chapter 429.
Minimum Standards for Fire Inspectors
Chapter 431.
Fire Investigation
Chapter 435.
Fire Fighter Safety
Chapter 437.
Fees
Chapter 439.
Examinations for Certification
Chapter 441.
Continuing Education