Part 3.
TEXAS YOUTH COMMISSION
Chapter 95.
YOUTH DISCIPLINE
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.21
The Texas Youth Commission (TYC) proposes new §95.21,
concerning Aggression Management Program. The new section will provide criteria
for moving a youth who is assigned to a Texas Youth Commission (TYC) institution,
from the general population of that institution to the Aggression Management
Program (AMP) as a disciplinary consequence for aggressive behavior. Placement
in the aggression management program is extreme and serious, and is considered
a major disciplinary consequence. The AMP is a highly structured program designed
to address aggressive behavior modification and provide a system of graduated
reintegration into the general population. The program will be implemented
and occupy part of the TYC program only at the McLennan County State Juvenile
Corrections Facility in Mart, Texas.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be greater protection for the general public. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The new section is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order the
youth's confinement under conditions it believes best designed for the youth's
welfare and the interests of the public.
The proposed rule implements the Human Resource Code, §61.034.
§95.21.Aggression Management Program.
(a)
Purpose. The purpose of this rule is to provide criteria
for removing from the general population youth assigned to a Texas Youth Commission
(TYC) institution for aggressive behavior and placing a youth in the Aggression
Management Program (AMP) as a disciplinary consequence. Placement in the aggression
management program is extreme and serious and considered a major disciplinary
consequence. The AMP is a highly structured program designed to address aggressive
behavior modification and provide a system of graduated reintegration into
the general population.
(b)
Authorized Facilities.
(1)
The McLennan County State Juvenile Corrections Facility
(MCSJC) in Mart, Texas is the only facility authorized to administer the AMP.
(2)
TYC contract programs shall not develop an AMP. TYC
contract programs shall not place TYC youth residing in the contract program
in the TYC AMP program.
(c)
Criteria.
(1)
Exclusionary Criteria. The following are specifically disqualified
from placement in the AMP.
(A)
females;
(B)
youth assessed at Phase 1.0 or higher;
(C)
youth under 16 years of age without specific approval of
the assistant deputy executive director for juvenile corrections and assistant
deputy executive director for rehabilitation services;
(D)
sentenced offenders who are eligible for transfer to the
Institutions Division of the Texas Department of Criminal Justice;
(E)
youth who do not meet the criteria for admission as defined
in this rule.
(2)
Eligibility Criteria.
(A)
A Youth is eligible for the aggression management program
if:
(i)
the youth committed, attempted to commit, or helped someone
else to commit at least one of the following offenses:
(I)
Assault resulting in substantive bodily injury which involves
more than a passing discomfort or fleeting pain but can include significant
bruising, broken bones, pulled or torn ligaments, lacerations, concussions
or contusions; or
(II)
Intentionally participating in riotous conduct that results
in property damage of $1,500.00 or more; or
(III)
Using or threatening to use either an object defined
as a weapon by the
Penal Code
or an object
that could be used as a weapon, which placed the victim in fear of imminent
bodily injury; and
(ii)
The youth has engaged in at least one of the offenses
listed, that was supported in a level II hearing, and that resulted in at
least one previous assignment of 90 days in a Disciplinary Segregation Program
(DSP) or special management treatment program at the youth's current institutional
placement.
(B)
A fact finding level II hearing shall be held at the youth's
current institutional placement to determine whether a youth meets the eligible
conduct. See (GAP) §95.55 of this title (relating to Level II Hearing
Procedure).
(C)
The dispositions that may be determined in a level II hearing
held pursuant to this policy are that criteria has been met for AMP eligibility;
and
(i)
transfer to AMP will be made immediately; or
(ii)
transfer to AMP will not be made immediately because bed
space is not available. Pending admission to AMP, the youth may be assigned
placement in DSP (at the youth's current placement) with an assigned maximum
length of stay. However, if the youth completes the maximum length of stay
in the DSP prior to admission to AMP, the youth shall not be admitted to AMP
as a result of the conduct determined at the level II hearing that resulted
in the current assignment to DSP.
(3)
Admission Criteria.
(A)
The local AMP Admission Review Committee at the McLennan
County State Juvenile Correctional Facility is composed of at least the assistant
superintendent, AMP psychologist and the AMP program administrator.
(B)
The AMP Admission Review Committee shall recommend program
admission based on a determination that the following criteria have been met.
(i)
A level II hearing with a finding of the eligible conduct
with no extenuating circumstance;
(ii)
Evidence that the youth is not suffering from a major
emotional disturbance and/or psychiatric disorder but the behavior is the
primary result of a conduct disorder or antisocial personality disorder.
(iii)
Documentation that less restrictive interventions, including
at least one prior DSP or special management and treatment program, have been
attempted without successfully reducing the behavior and that the AMP represents
the least restrictive available and appropriate intervention.
(iv)
Youth temporarily placed in DSP pending admission to AMP
have not completed their maximum length of stay in the DSP prior to admission
consideration.
(C)
Priority is given to youth with the most recent aggressive
behavior, greater frequency of chronic aggressive conduct, greater frequency
of the use of weapons, and older age.
(d)
Release from AMP.
(1)
Program Completion Requirements.
(A)
Youth are released from AMP upon successful completion
of:
(i)
stage I, if assigned initially. Youth must complete a minimum
length of time of 15 consecutive days without an aggressive act or credible
threat of one, and
(ii)
stages II through V. Youth must complete:
(I)
a minimum length of time of 30 consecutive days on each
stage without an aggressive act or credible threat of one; and
(II)
30 days on each stage of program compliance; and
(III)
phase II of the resocialization program.
(B)
Program compliance is defined as completion of the resocialization
phases (phase components) required for each of the stages as specified in
this policy. Progress is based upon successful completion of the ICP objectives
established in each of the five stages of AMP.
(i)
Progress is assessed by the AMP treatment team consisting
of the youth's Primary Service Worker (PSW), the AMP program administrator,
AMP psychologist, a JCO staff, and a teacher (or representative of education
department.) Additional members may be appointed to the team as needed.
(ii)
The treatment team will staff youth weekly to review progress
in the behavioral and treatment objectives.
(iii)
The treatment team will determine the appropriate stage
for each youth using compliance with ICP objectives as the criteria. A youth
may be retained on or promoted to the next stage based upon completing ICP
objectives. However, youth may be assigned to a lower stage based only upon
specific acts of aggressive behavior. The treatment team shall document the
reasons used to support their decisions and may make recommendations for modification
of the treatment objectives or strategies.
(iv)
The treatment team will conduct assessments to determine
the youth's resocialization phase at least every 30 days.
(C)
The AMP treatment team will determine when a youth has
successfully completed stage V of the AMP, and the youth shall be released
from AMP and placed in general population within 24 hours of this determination.
(D)
The superintendent or designee will then determine whether
the youth will be permanently assigned to the MCSJC general campus program
or be referred for placement elsewhere.
(E)
The superintendent or designee will notify the Centralized
Placement Unit (CPU) of the youth's successful completion of the program and
the name of the institution that referred the youth, if the youth is to be
transferred. The CPU will make a placement assignment with priority given
to the referring facility. Youth will then be transferred to the assigned
placement.
(2)
Mental Health Release. Youth may be released
from AMP at any time for mental health reasons, based on a recommendation
by the AMP psychologist and approval by the director of clinical services
at MCSJCF.
(e)
Independent Review.
(1)
If a youth remains on any one stage for more than 45 days,
his case shall be reviewed by an Independent Review Team (IRT). The IRT shall
continue to review the case every 45 days after the initial review until the
youth progresses to the next stage.
(2)
The IRT shall include the assistant superintendent
and the director of clinical services. Additional members may be appointed
as needed.
(3)
The IRT reviews the justification and documentation
for the reasons the youth has failed to progress in the program stages and
to determine if appropriate interventions are being provided to the youth.
The IRT may direct changes in the youth's individual case plan to enhance
the youth's ability to progress in the program stages.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 22, 2000.
TRD-200003575
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 424-6244
Subchapter A. SECURITY AND CONTROL
37 TAC §97.27
The Texas Youth Commission (TYC) proposes an amendment to §97.27,
concerning Security and Control. The amendment to the section will update
the name of the emergency team at TYC facilities from Emergency Response Team
to Special Tactics and Response Team. The team's function remains unchanged,
i.e., to be available on call to respond to emergencies occurring on institutional
campuses.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be increased public protection. There will be no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the section as proposed. No private real property
rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
with responsibility for the welfare, custody, and rehabilitation of the youth
in school, facility, or program operated or funded by the commission.
The proposed rule implements the Human Resource Code, §61.034.
§97.27.Riot Control.
(a)
Purpose. The purpose of this rule is to establish response
rules and guidelines, which may be taken by staff as necessary in order to
control a riot condition at a Texas Youth Commission (TYC) operated or contracted
facility.
(b)
Applicability.
(1)
This policy shall apply only in the event that the facility
administrator of a TYC operated or a contract facility declares that a riot
exists.
(2)
Other sections in effect during riot conditions:
(A)
(GAP) §97.23 of this title (relating to Use of Force);
(B)
(GAP) §97.21 of this title (relating to Approved Restraint
Equipment); and
(C)
(GAP) §97.25 of this title (relating to Use of Force:
Chemical Agent OC).
(c)
Explanation of Terms Used. Riot - a situation in which
three or more persons at a contract program or TYC operated facility intentionally
participate in conduct that threatens imminent harm to persons or property
and substantially obstructs the performance of facility operations or a program
therein.
(d)
Only the facility administrator or staff having authority
to act as the facility administrator may declare that a particular situation
is a riot, consistent with the definition of a riot. Staff action beyond actions
described in other official rules may be taken only following the facility
administrator's or acting facility administrator's declaration that a riot
condition exists.
(e)
The staff will take the steps reasonably necessary to regain
control and terminate a riot occurring on a facility campus with as few injuries
as possible.
(f)
Use of Force.
(1)
Force may be used in accordance with (GAP) §97.23
of this title (relating to Use of Force), (GAP) §97.21 of this title
(relating to Approved Restraint Equipment), and (GAP) §97.25 of this
title (relating to Use of Force: Chemical Agent OC) unless specifically stated
otherwise in this section.
(2)
Orthochlorobenzalmalononitrile (CS), also known as
tear gas, may be used only in a riot situation. Oleoresin Capsicum (OC), also
known as pepper spray, may be used in a riot and other situations consistent
with (GAP) §97.25 of this title (relating to Use of Force: Chemical Agent
OC).
(3)
Plastic restraints may be used at any TYC institution
if necessary to control youth during a riot when a sufficient number of metal
cuffs are not readily available.
(4)
The
Special Tactics And Response (STAR) team
[
(g)
Response to Riots. The status of the emergency shall be
described in terms of the following categories and continually upgraded or
downgraded as appropriate.
(1)
Category 1. The incident can be controlled and contained
by on-duty personnel.
(2)
Category 2. The incident cannot be controlled and
contained by on-duty personnel, requiring the assistance of off-duty personnel.
(3)
Category 3. The incident cannot be controlled and
contained by institutional staff, requiring the assistance of intra-agency
personnel, local law enforcement, and/or fire fighting units.
(4)
Category 4. The incident cannot be controlled and
contained by institutional, intra-agency and local mutual aid personnel and
requires the assistance of state law enforcement and/or military units.
(h)
Approved Riot Equipment and Gear. Staff may act using only
equipment approved for use during a riot and only following training in the
appropriate procedures and use of such equipment. Approved for use during
a riot:
(1)
Chemical agent forms are:
(A)
canisters of chemical agents CS and OC
(B)
cartridges of chemical agents CS and OC
(C)
pepper fog formulation for the pepper fogger (OC)
(2)
Delivery systems are:
(A)
37 mm gas gun
(B)
Pepper Fogger
(3)
Protective equipment including, but not limited
to:
(A)
protective helmet
(B)
protective vest
(C)
protective Plexiglas shield
(D)
protective elbow pads
(E)
protective knee pads
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State, on May 19, 2000.
TRD-200003484
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 424-6244
Chapter 423.
FIRE SUPPRESSION
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.3
The Texas Commission on Fire Protection proposes an amendment
to §423.3, concerning minimum standards for basic structure fire protection
personnel certification. The amendment adds language to allow the acceptance
of the American Red Cross Emergency Response course in lieu of certification
from the Texas Department of Health, as an emergency care attendant. The American
Red Cross Emergency Response course must include a minimum of 53 hours, including
optional lessons and enrichment sections.
Mr. Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection,
has determined that for the first five year period the amended section is
in effect there will be no fiscal implications for state and local governments
as a result of enforcement of the sections as amended.
Mr. Warren has also determined that for each of the first five years the
proposed amendment is in effect the public benefit anticipated as a result
of enforcing the amended section will be that the amendment provides more
flexibility to fire departments to obtain emergency medical training required
for fire fighter certification and addresses problems with course availability
for Texas Department of Health emergency care attendant courses in some areas
of Texas. There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amendments. The commission has
determined that the proposed amendments relating to minimum standards for
basic structure fire protection personnel certification will have no impact
on private real property interests and no takings impact assessment is required
pursuant to the Government Code, §2007.043(b) and §2.18 of the Attorney
General's Private Real Property Rights Preservation Act Guidelines. The commission
has also determined that the proposed rule change will have no local employment
impact which requires an impact statement pursuant to the Government Code, §2001.022.
There is no local employment impact resulting from the change.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendment is proposed under Texas Government Code, §419.008,
which provides the commission 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.
Texas Government Code, §419.022 is affected by the proposed amendment.
§423.3.Minimum Standards for Basic Structure Fire Protection Personnel Certification.
(a)
In order to become certified as basic structure fire protection
personnel, an individual must:
(1)
complete a commission approved basic structure fire suppression
program 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 Chapter 1 of the commission's document titled
"Commission Certification Curriculum Manual," as approved by the commission
in accordance with Chapter 443 of this title (relating to Certification Curriculum
Manual); or
(B)
completion of the five phase levels of the approved Basic
Fire Suppression Curriculum, as specified in Chapter 1 of the commission's
document titled "Commission Certification Curriculum Manual," as approved
by the commission in accordance with Chapter 443 of this title (relating to
Certification Curriculum Manual); or
(C)
completion of an out-of-state training program deemed equivalent
to the commission-approved basic fire suppression curriculum; or
(D)
completion of a military training program deemed equivalent
to a commission-approved basic fire suppression curriculum; or
(E)
documentation of the receipt of an advanced certificate
or training records from the State Firemen's and Fire Marshals' Association
of Texas, that is deemed equivalent to a commission approved basic fire suppression
curriculum.
(2)
complete as a minimum the certification requirements
and hold a current certification by the Texas Department of Health, as an
emergency care attendant. Any higher level of emergency medical certification
recognized by the Texas Department of Health, such as EMT or paramedic may
also be used to satisfy the emergency medical training requirement of this
section.
Certification from the American Red Cross of successful completion
of the American Red Cross Emergency Response course of at least 53 hours,
including optional lessons and enrichment sections, may also be used to satisfy
the training requirement of this section.
(b)
A basic fire suppression program may be submitted to the
commission for approval by another jurisdiction as required in Texas Government
Code, §419.032(d), Appointment of Fire Protection Personnel. These programs
include out-of-state and military programs and shall be deemed equivalent
by the commission if the subjects taught, subject content, and total hours
of training meet or exceed those contained in Chapter 1 of the commission's
document titled "Commission Certification Curriculum Manual," as approved
by the commission in accordance with Chapter 443 of this title (relating to
Certification Curriculum Manual).
(c)
Except as provided in subsection (a)(1)(E) of this section,
the commission approved basic fire suppression curriculum must be taught by
a training facility that has been certified by the commission as provided
in Chapter 427, of this title (relating to Certified Training Facilities).
(d)
A person who holds or is eligible to hold a certificate
upon employment as a part-time structural firefighter may be certified as
a structural fire protection personnel, of the same level of certification,
without meeting the applicable examination requirements.
(e)
If a person holds a current certification as a part-time
structural firefighter, the Texas Department of Health emergency care attendant
certification may be satisfied by documentation of equivalent training or
certification in lieu of current certification by the Texas Department of
Health.
(f)
Individuals from another jurisdiction who possess valid
documentation of accreditation from the International Fire Service Accreditation
Congress as a Fire Fighter II and Driver Operator (Fire Fighter III, Fire
Officer I, and Driver Operator if accredited under the 1987 or earlier edition
of NFPA 1001) shall be eligible to take the commission examination for basic
structural fire protection personnel.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 17, 2000.
TRD-200003438
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 239-4921
37 TAC §§427.7, 427.9, 427.13, 427.19
The Texas Commission on Fire Protection proposes an amendment
to §§427.7, 427.9, 427.13, and 427.19, concerning certified training
facilities. The change to §427.7 corrects a reference error. It also
adds language to clarify that the rule applies to protective clothing that
is provided by the academy or the trainee. The change to §427.9 adds
language to emphasize that a trainee shall be provided with a self-contained
breathing apparatus when subjected to a hazardous atmosphere or to an atmosphere
that is unknown. The change to §427.13 adds language to clarify the retention
period for all training records maintained by a training facility. The change
to §427.19 adds language that limits the activities that a trainee may
participate in during an actual uncontrolled emergency situation, and applies
to recruits who are fire department employees as well as students at academies
that are not operated by a fire department for its employees.
Mr. Gary L. Warren Sr., Executive Director, Texas Commission on Fire Protection,
has determined that for the first five year period the amended section is
in effect there will be fiscal implications for state and local governments
that operate training facilities. State colleges and universities that operate
certified training facilities will incur additional annual costs of $40.00
to $75.00 per unit for care and maintenance of self-contained breathing apparatus
(SCBA), the total amount depending on the number of academy students. Community
colleges and fire department that operate certified training facilities will
incur the same costs.
Mr. Warren has also determined that for each of the first five years the
proposed amendment is in effect the public benefit anticipated as a result
of enforcing the amended section will be that new language pertaining to protective
clothing, SCBA, and participation of trainees in emergency situations will
minimize risk and promote health and safety of trainees. The annual cost of
compliance for small and large businesses that operate certified training
facilities will be approximately $40.00 to $75.00 per SCBA unit for care and
maintenance. There are no additional costs of compliance for individuals.
The commission has determined that the proposed amendments relating to certified
training facilities will have no impact on private real property interests
and no takings impact assessment is required pursuant to the Government Code, §2007.043(b)
and §2.18 of the Attorney General's Private Real Property Rights Preservation
Act Guidelines. The commission has also determined that the proposed rule
change will have no local employment impact which requires an impact statement
pursuant to the Government Code, §2001.022. There is no local employment
impact resulting from the change.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendments are proposed under Texas Government Code, §419.008,
which provides the commission with authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.028, which
provides the commission with authority to certify facilities operated for
training fire protection personnel or recruits.
Texas Government Code, §419.028 is affected by the proposed amendments.
§427.7.Protective Clothing.
Each and every set of protective clothing, including proximity clothing,
that will be used during the course of instruction for a commission approved
basic fire protection personnel curriculum shall comply with
§435.1
[
§427.9.Equipment.
The following minimum equipment, applicable to the curriculum(s) the
training facility is certified to teach,
is
[
(1)
If instruction in the use of self-contained breathing
apparatus is a part of the curriculum being taught, then
self- contained
breathing apparatus in sufficient numbers
shall be provided
to
enable each trainee to wear the equipment for at least the life of one breathing
air tank during the training.
If during the course of the training, a
trainee will be subjected to a hazardous atmosphere or where the atmosphere
is unknown, the trainee shall be provided with a self-contained breathing
apparatus.
(Note:
All self-contained breathing apparatus used by
a certified training facility and the air used in them must
[
(2)
standard classroom equipment to include chalkboard,
speaker rostrum, supportive instructional aids available to include audio-
visual projection equipment. The use of cutaways, models, flip charts, and
other visual aids are recommended to enhance effectiveness of the instruction.
(Note: The instructor needs to ensure all necessary equipment is available
for trainees to use regarding the basic performance skills as identified in
appropriate curriculum and to comply with § 427.15 of this title (relating
to Testing Procedures)); and
(3)
other equipment, which may include training simulators
and mock training aids, and tools required by the applicable curriculum.
§427.13.Records.
(a)
Training records shall be maintained by the training facility
that reflect:
(1)
who was trained, subject, instructor, and date of instruction.
(Note: Individual records are required rather than class records); and
(2)
individual trainee test scores to include performance
testing.
(b)
All training records must be maintained
by the training
facility
for a minimum of three years
or in accordance with the
requirement of the Texas State Library and Archives Commission, State and
Local Records Management Division, whichever is greater
.
§427.19.General Information.
(a)
All Texas certified training facilities shall meet these
minimum requirements. No training credit will be recognized from a Texas training
facility that has not been certified by the commission, unless the program
has been approved by the commission as being equivalent. The commission shall
take action on an application for certification of a training facility within
90 days from receipt of same.
(b)
Certified training facilities shall conduct all training
in a controlled and safe manner so that trainees are not subjected to unnecessary
risks. In addition, certified training facilities shall not put trainees at
risk by requiring or allowing a trainee to perform the duties of fire protection
personnel at actual uncontrolled emergency situations such as, but not limited
to, structure fires, aircraft fires, wildland fires, hazardous materials incidents
or dangerous rescue situations.
(c)
A certified training facility
may transport trainees to the site of an actual emergency for training purposes
only if the following requirement are strictly adhered to:
(1)
the trainees are kept in a group under the direct
supervision of an ample number of qualified instructors to maintain accountability
and ensure their safety;
(2)
the trainees are kept outside of the emergency
operations area; and
(3)
the trainees' activities are restricted
to observation only and trainees are not allowed to participate in emergency
operations.
(d)
[
(e)
[
(f)
[
(g)
[
(1)
is inadequate and fails to provide the quality of training
for which the facility was approved;
(2)
fails to comply with commission rules and/or these
minimum standards; or
(3)
fails to submit required reports in a timely manner
or submits false reports to the commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 17, 2000.
TRD-200003437
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §431.3
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Fire Protection or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Fire Protection proposes
the repeal of §431.3, concerning minimum standards for basic arson investigator
certification.
The new section replaces a repealed section with new language concerning
the college alternative for qualifying for the examination for basic arson
investigator certification. The new section reduces the number of semester
hours from 15 to 12 by eliminating "Arson Investigator I" and "Arson Investigator
II" and replacing them with one course in arson investigation. In addition,
the change allows either Hazardous Materials course.
Mr. Gary L. Warren Sr., Executive Director, Texas Commission on Fire Protection,
has determined that for the first five year period the new section that replaces
the repeal is in effect there will be no fiscal implications for state or
local governments as a result of enforcing the new section.
Mr. Warren has also determined that for each of the first five years the
new section that replaces the repeal is in effect the public benefit anticipated
as a result of enforcing the new section will be that the new section provides
more flexibility to persons seeking to qualify for basic arson investigator
certification and addresses problems with availability of required courses
in some areas of Texas. There are no additional costs of compliance for small
or large businesses or individuals required to comply with the repeal. The
commission has determined that the proposed repeal relating to minimum standards
for basic arson investigator certification will have no impact on private
real property interests and no takings impact assessment is required pursuant
to the Government Code, §2007.043(b) and §2.18 of the Attorney General's
Private Real Property Rights Preservation Act Guidelines. The commission has
also determined that the proposed rule change will have no local employment
impact which requires an impact statement pursuant to the Government Code, §2001.022.
There is no local employment impact resulting from the change.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The repeal is proposed under Texas Government Code, §419.008,
which provides the commission 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.
Texas Government Code, §419.022 is affected by the proposed repeal.
§431.3. Minimum Standards for Basic Arson Investigator Certification.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 17, 2000.
TRD-200003436
T. R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection
proposes new §431.3, concerning minimum standards for basic arson investigator
certification. The new section replaces a repealed section with new language
concerning the college alternative for qualifying for the examination for
basic arson investigator certification. The new section reduces the number
of semester hours from 15 to 12 by eliminating "Arson Investigator I" and
"Arson Investigator II" and replacing them with one course in arson investigation.
In addition, the change allows either Hazardous Materials course.
Mr. Gary L. Warren Sr., Executive Director, Texas Commission on Fire Protection,
has determined that for the first five year period the new section is in effect
there will be no fiscal implications for state or local governments as a result
of enforcing the new section.
Mr. Warren has also determined that for each of the first five years the
new section is in effect the public benefit anticipated as a result of enforcing
the new section will be that the new section provides more flexibility to
persons seeking to qualify for basic arson investigator certification and
addresses problems with availability of required courses in some areas of
Texas. There are no additional costs of compliance for small or large businesses
or individuals required to comply with the new section. The commission has
determined that the proposed new section relating to minimum standards for
basic arson investigator certification will have no impact on private real
property interests and no takings impact assessment is required pursuant to
the Government Code, §2007.043(b) and §2.18 of the Attorney General's
Private Real Property Rights Preservation Act Guidelines. The commission has
also determined that the proposed new rule will have no local employment impact
which requires an impact statement pursuant to the Government Code, §2001.022.
There is no local employment impact resulting from the new section as proposed.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The new section is proposed under Texas Government Code, §419.008,
which provides the commission 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.
Texas Government Code, §419.022 is affected by the proposed new section.
§431.3. Minimum Standards for Basic Arson Investigator Certification.
(a)
Training programs that are intended to satisfy the requirements
of this section must meet the curriculum, competencies, and hour requirements
of this section. All applicants for certification must meet the examination
requirements of this section.
(b)
In order to be certified by the commission as a Basic
Arson Investigator an individual must:
(1)
possess a current basic peace officer's license from the
Texas Commission on Law Enforcement Officer Standards and Education or documentation
that the individual is a federal law enforcement officer;
(2)
hold a current commission as a peace officer with
the employing entity for which the arson investigations will be done;
(3)
complete a commission approved basic fire investigation
training program and successfully pass the commission examination as specified
in Chapter 439 of this title (relating to Examinations for Certification).
An approved basic fire investigation training program shall consist of one
of the following:
(A)
completion of the commission approved Basic Fire Investigator
Curriculum, as specified in Chapter 5 of the commission's document titled
"Commission Certification Curriculum Manual," as approved by the commission
in accordance with Chapter 443 of this title (relating to Certification Curriculum
Manual); or
(B)
successful completion of the National Fire Academy Resident
Fire Arson Investigator Course; or
(C)
successful completion of an out-of-state or military training
program which has been submitted to the commission for evaluation and found
to meet the minimum requirements as listed in the commission approved Basic
Fire Investigator Curriculum as specified in Chapter 5 of the commission's
document titled "Commission Certification Curriculum Manual"; or
(D)
successful completion of the following college courses:
Arson Investigation, 3 semester hours; Hazardous Materials, 3 semester hours;
Building Construction, 3 semester hours; Fire Protection Systems, 3 semester
hours. Total semester hours, 12 hours. NOTE: The three semester hour course
"Building Codes and Construction" may be substituted for Building Construction.
Arson Investigator I or II may be used to satisfy the requirements of Arson
Investigation. Hazardous Materials I or II may be used to satisfy the requirements
of Hazardous Materials.
(c)
A person who holds or is eligible to hold a certificate
upon employment as a part-time arson investigator may be certified as an arson
investigator, of the same level of certification, without meeting the applicable
examination requirements.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 17, 2000.
TRD-200003435
T. R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 239-4921
37 TAC §435.3
The Texas Commission on Fire Protection proposes an amendment
to §435.3, concerning self-contained breathing apparatus. The change
to §435.3 adds language to ensure that annual testing of self-contained
breathing apparatus are performed in a manner recommended by the manufacturer,
and by personnel authorized by the manufacturer.
Mr. Gary L. Warren Sr., Executive Director, Texas Commission on Fire Protection,
has determined that for the first five year period the amended section is
in effect there will be fiscal implications for state and local governments
required to comply with the section as amended. State and local governments
that employ personnel with fire suppression duties will incur an annual cost
of $40.00 to $75.00 per unit for care and maintenance of self-contained breathing
apparatus (SCBA) with the total amount depending on the number of personnel.
Mr. Warren has also determined that for each of the first five years the
proposed amendment is in effect the public benefit anticipated as a result
of enforcing the amended section will be that the safety of fire protection
personnel will be enhanced by ensuring proper operation of respiratory protection
equipment. There are no additional costs of compliance for small or large
businesses or individuals required to comply with the amendments. The commission
has determined that the proposed amendments relating to fire fighter safety
will have no impact on private real property interests and no takings impact
assessment is required pursuant to the Government Code, §2007.043(b)
and §2.18 of the Attorney General's Private Real Property Rights Preservation
Act Guidelines. The commission has also determined that the proposed rule
change will have no local employment impact which requires an impact statement
pursuant to the Government Code, §2001.022. There is no local employment
impact resulting from the change.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendments are proposed under Texas Government Code, §419.008,
which provides the commission 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.
Texas Government Code, §419.042 is affected by the proposed amendment.
§435.3. Self-Contained Breathing Apparatus.
The employing entity shall:
(1) - (8)
(No change.)
(9)
ensure that at least annually, the facepiece,
regulator, end of service indicator(s), hoses, and cylinder valve are tested
for proper function on test equipment approved by the manufacturer. The test
of the regulator shall include a flow test. This test shall be performed in
a manner prescribed by the manufacturer and by personnel authorized by the
manufacturer to perform such test.
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 17, 2000.
TRD-200003434
T. R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 239-4921
37 TAC §437.3, §437.13
The Texas Commission on Fire Protection proposes amendments
to §437.3 and §437.13, concerning certification fees.
The amendment to §437.3 adds language to provide for a non-refundable
application fee for each certification issued by the commission. The application
fee will apply towards certification if approved. The amendment to §437.13
deletes language that requires the agency to provide a performance skills
booklet to all basic academies. The performance skills booklet is accessible
on the agency's web site. The booklet is also provided to all academies electronically.
Mr. Gary L. Warren Sr., Executive Director, Texas Commission on Fire Protection,
has determined that for the first five year period the amended sections are
in effect there will be fiscal implications for state and local governments.
The agency may experience an increase in revenue of approximately $10,000
per year based on the number of refunds (500) processed each year. In addition,
approximately 250 hours of staff time required to processing refunds may be
devoted to more productive activity. Local fire departments that are required
to pay the non-refundable fees will experience an increase in costs of $20.00
per application. Those departments that submit properly completed and qualified
applications will not experience additional costs.
Mr. Warren has also determined that for each of the first five years the
proposed amendments are in effect the public benefit anticipated as a result
of enforcing the amended sections will be that there will be a more efficient
use of state resources due to higher percentage of properly completed applications.
There will be no additional costs of compliance for small or large businesses.
Individuals who submit unqualified or incomplete applications will incur an
additional cost of compliance of $20.00 per application. The commission has
determined that the proposed amendments relating to certification fees will
have no impact on private real property interests and no takings impact assessment
is required pursuant to the Government Code, §2007.043(b) and §2.18
of the Attorney General's Private Real Property Rights Preservation Act Guidelines.
The commission has also determined that the proposed rule change will have
no local employment impact which requires an impact statement pursuant to
the Government Code, §2001.022. There is no local employment impact resulting
from the change.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendments are proposed under Texas Government Code, §419.008,
which provides the commission with authority to propose rules for the administration
of its powers and duties; 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.
Texas Government Code, §419.026 and §419.034 are affected by
the proposed amendments.
§437.3 Fees -- Certification.
(a)
A $20
non-refundable application
[
(b)
Certification fees shall not be combined with other fees
such as renewal fees, fees for commission manuals, fees for Commission Certification
Curriculum Manuals, or copying fees.
(c)
The employing entity shall be responsible for all certification
fees required as a condition of employment.
(d)
Nothing in this section shall prohibit an individual from
paying a certification fee for any certificate which he or she is qualified
to hold, providing the certificate is not required as a condition of employment
(see subsection (c) of this section concerning certification fees).
(e)
If a person re-enters the fire service whose certificate(s)
has been expired for one year or longer, the employing entity must:
(1)
within 14 days of employment, notify the Commission that
the individual has been employed;
(2)
prior to assignment to any fire protection duties,
obtain documented proof that the individual has passed the proficiency test
as required by §439.13 of this title (relating to Testing for Proof of
Proficiency) within one calendar year prior to the date of employment; and
(3)
within one year from the date of employment, make
application for certification of the individual and pay the certification
fee as required by subsection (a) and (b) of this section (concerning certification
fees). Upon payment of the required fees, the certificates previously held
by the individual for which he or she continues to qualify, will be re-issued.
The employing entity has the option of making the application and paying the
fee at any time within the one-year period.
(f)
Any person who holds a certificate, and is no longer employed
by an entity that is regulated by the Commission may submit in writing a request
together with the required fee to receive a one-time certificate stating the
level of certification in each discipline held by the person on the date that
person left employment, pursuant to the Texas Government Code, §419.033(b).
Multiple certifications may be listed on the one-time certificate. The one-time
fee for the one-time certificate shall be the same as the current certification
fee provided in subsection (a) of this section.
(g)
A facility that provides basic level training for any discipline
for which the Commission has established a Basic Curriculum must be certified
by the commission. The training facility will be charged a separate certification
fee for each discipline.
§437.13. Fees --Examination.
(a)
A non-refundable fee of $15 shall be charged for each
written examination administered by the commission.
(b)
Examination fees will not be combined with any other fees,
such as renewal fees, fees for commission manuals, and copying fees.
(c)
A non-refundable fee of $15 shall be charged for each
performance skills examination administered at a training facility providing
field examiners. If the skills examination is administered at Austin, or other
place designated by the commission, a non-refundable fee of $50 shall be charged.
[
A basic academy that receives
a notice of course approval is entitled to one copy of the performance skills
book at no charge. A fee of $5.00 shall be charged for each additional performance
skills book.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 17, 2000.
TRD-200003433
T. R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 239-4921
Chapter 97.
SECURITY AND CONTROL
Emergency Response Team (ERT)
] may be
deployed to
respond to emergencies at the discretion of the facility administrator and/or
his/her designee
[
employed
]. The
STAR team
[
ERT
] is composed of 20-25 staff who are trained and highly specialized
to respond to various emergencies including riots and disturbances, and who
may also provide additional support during facility escapes. [
The ERT
team may be deployed only at the discretion of the facility superintendent
or designee.
]
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 427.
CERTIFIED TRAINING FACILITIES
§435.1(b)
] of this title (relating to Protective
Clothing).
This rule applies whether the protective clothing is provided
by the academy or the trainee.
are
] required
for certification as a certified training facility. The equipment must be
available for use by the certified training facility:
Must
] comply with
§435.3
[
§435.3(2)
] of
this title (relating to Self-Contained Breathing Apparatus)).
This rule
applies whether the self-contained breathing apparatus is provided by the
academy or the trainee.
;
(b)
] Certified training facilities
are subject to inspection by the commission at any time during regular business
hours.
(c)
] In order to retain the certification
as a certified training facility, schools desiring to make substantial changes
in the facility or other conditions under which the school was approved shall
coordinate such plans with the commission.
(d)
] The commission shall be notified,
in writing, within 14 days of any change in the certified training.
(e)
] The commission may revoke
the certification of a training facility when, in the judgment of the commission,
the training facility:
Chapter 431.
FIRE INVESTIGATION
Chapter 435.
FIRE FIGHTER SAFETY
flow test the regulators of
all self-contained breathing apparatus annually or as recommended by the manufacturer.
The flow test shall be performed in accordance with the manufacturer's recommendations.
]
Chapter 437.
FEES
certification
] fee is required for each certificate issued by the commission.
If a certificate is issued within the time provided in §401.125 of this
title (relating to Processing Periods), the fee will be applied to certification.
If the certificate is denied the applicant must pay a new certification application
fee to file a new application.
(d)
Chapter 441.
CONTINUING EDUCATION