TITLE rule-review

Proposed Rule Reviews

Texas Commission on Fire Protection

Title 37, Part 13

The Texas Commission on Fire Protection (the "TCFP") will review and consider for readoption, review, or repeal sections of Chapter 491, Voluntary Regulation of State Agencies and State Agency Employees, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11.

Specifically, the following sections of Chapter 491 shall be reviewed: §491.1 Election of Components for Voluntary Regulation, §491.3 Documentation, §491.5 Notification; and §491.7 Certification.

As required by the above authorities, the TCFP will consider, among other things, whether the reasons for adoption of these rules continue to exist. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments on the proposal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director.

Any questions pertaining to this notice of intention to review should be directed to the Texas Register Liaison, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

TRD-200202394

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: April 17, 2002


The Texas Commission on Fire Protection (the "TCFP") will review and consider for readoption, review, or repeal sections of Chapter 493, Voluntary Regulation of Federal Agencies and Federal Agency Employees, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11.

Specifically, the following sections of Chapter 493 shall be reviewed: §493.1 Election of Components for Voluntary Regulation, §493.3 Documentation, §493.5 Notification; and §493.7 Certification.

As required by the above authorities, the TCFP will consider, among other things, whether the reasons for adoption of these rules continue to exist. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments on the proposal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director.

Any questions pertaining to this notice of intention to review should be directed to the Texas Register Liaison, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

TRD-200202395

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: April 17, 2002


The Texas Commission on Fire Protection (the "TCFP") will review and consider for readoption, review, or repeal sections of Chapter 495, Regulation of Nongovernmental Departments, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11.

The following sections of Chapter 495, Subchapter A, Voluntary Regulation of Nongovernmental Departments, shall be reviewed: §495.1 Application Procedures; §495.3 Notification; and §495.5 Nongovernmental Fire Protection Employees.

The following sections of Chapter 495, Subchapter B, Regulation of Nongovernmental Organizations and Nongovernmental Personnel, shall be reviewed: §495.201 Nongovernmental Organizations; §495.203 Nongovernmental Organization Employees; §495.205 Nongovernmental Personnel; and §495.207 Regulation and Certification.

As required by the above authorities, the TCFP will consider, among other things, whether the reasons for adoption of these rules continue to exist. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments on the proposal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director.

Any questions pertaining to this notice of intention to review should be directed to the Texas Register Liaison, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

TRD-200202396

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: April 17, 2002


Texas State Board of Examiners of Psychologists

Title 22, Part 21

The Texas State Board of Examiners of Psychologists proposes to review Chapter 470. Administrative Procedure §§470.1 - 470.24, in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes New Rules 470.7 (Computation of Time), 470.11 (Service in Non-Rulemaking Proceedings), and 470.18 (The Record) in accordance with the Appropriations Act, Section 167. The proposed new rules may be found in the Proposed Rules section of the Texas Register . In addition, the Board proposes to amend the existing §470.8 (Informal Disposition of Complaints) and 470.21 (Disciplinary Guidelines) in accordance with the Appropriations Act, Section 167. The proposed amendments may be found in the Proposed Rules section of the Texas Register . The Board is not proposing any changes to existing Rules §470.1 through §470.6, §470.10 through §470.19, and §470.24.

The Texas State Board of Examiners of Psychologists proposes to review Chapter 471. Renewals, §§471.1 - 471.6, in accordance with the Appropriations Act, Section 167. The Board is not proposing any changes to existing Rules §471.1 through §471.6.

Comments on the proposals may be submitted to Kourtney D. McDonald, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Tower II, Suite 2-450, Austin, Texas 78701.

TRD-200202257

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: April 12, 2002


Adopted Rule Reviews

Texas Commission on Fire Protection

Title 37, Part 13

The Texas Commission on Fire Protection (the "TCFP") adopts the review of Title 37, Texas Administrative Code, Part 13, Chapter 421, Standards for Certification, in accordance with Government Code, §2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the December 21, 2001, issue of the Texas Register (26 TexReg 10629). No comments were received regarding readoption of the chapter.

Specifically, the following sections of Chapter 421 were reviewed: §421.1 Procedures for Meetings, §421.3 Minimum Standards Set by the Commission, §421.5 Definitions, §421.7 Recognition of Previous Volunteer Training, §421.9 Designation of Fire Protection Duties, §421.11 Requirement to be Certified Within One Year, and §421.13 Individual Certificate Holders.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP proposed changes to §421.5 Definitions, new §421.15 Requirement to be Certified Within One Year, and new §421.17 Requirements to Maintain Certification. The proposed changes and new sections were published in the December 28, 2001, issue of the Texas Register (26 TexReg 10803). New §421.15 was subsequently withdrawn by the TCFP in order to make substantive changes, and the proposal was republished in the March 29, 2002, issue of the Texas Register .

TRD-200202390

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: April 17, 2002


The Texas Commission on Fire Protection (the "TCFP") adopts the review of Title 37, Texas Administrative Code, Part 13, Chapter 423, Fire Suppression, in accordance with Government Code, §2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the December 21, 2001, issue of the Texas Register (26 TexReg 10629). No comments were received regarding readoption of the chapter.

The following sections of Chapter 423, Subchapter A, Minimum Standards for Structure Fire Protection Personnel Certification, were reviewed: §423.1 Minimum Standards for Structure Fire Protection Personnel, §423.3 Minimum Standards for Basic Structure Fire Protection Personnel Certification, §423.5 Minimum Standards for Intermediate Structure Fire Protection Personnel Certification, §423.7 Minimum Standards for Advanced Structure Fire Protection Personnel Certification, §423.9 Minimum Standards for Master Structure Fire Protection Personnel Certification, §423.11 Higher Levels of Certification, and §423.13 International Fire Service Accreditation Congress (IFSAC) Certification.

The following sections of Chapter 423, Subchapter B, Minimum Standards for Aircraft Rescue Fire Fighting Personnel, were reviewed: §423.201 Minimum Standards for Aircraft Rescue Fire Fighting Personnel, §423.203 Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification, §423.205 Minimum Standards for Intermediate Aircraft Rescue Fire Fighting Personnel Certification, §423.207 Minimum Standards for Advanced Aircraft Rescue Fire Fighting Personnel Certification, §423.209 Minimum Standards for Master Aircraft Rescue Fire Fighting Personnel Certification, and §423.211 International Fire Service Accreditation Congress (IFSAC) Certification.

The following sections of Chapter 423, Subchapter C, Minimum Standards for Marine Fire Protection Personnel, were reviewed: §423.301 Minimum Standards for Marine Fire Protection Personnel, §423.303 Minimum Standards for Basic Marine Fire Protection Personnel Certification, §423.305 Minimum Standards for Intermediate Fire Protection Personnel Certification, §423.307 Minimum Standards for Advanced Fire Protection Personnel Certification, and §423.309 Minimum Standards for Master Marine Fire Protection Personnel Certification.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP adopted amendments to §423.13 International Fire Service Accreditation Congress (IFSAC) Certification. The amendments were adopted in the March 1, 2002, issue of the Texas Register (27 TexReg 1533).

TRD-200202391

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: April 17, 2002


The Texas Commission on Fire Protection (the "TCFP") adopts the review of Title 37, Texas Administrative Code, Part 13, Chapter 435, Fire Fighter Safety, in accordance with Government Code, §2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the December 28, 2001, issue of the Texas Register (26 TexReg 11057). No comments were received regarding readoption of the chapter.

The following sections of Chapter 435 were reviewed: §435.1 Protective Clothing, §435.3 Self-contained Breathing Apparatus, §435.5 Commission Recommendations, and §435.7 Fire Department Staffing Studies.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP proposed changes to §435.1 Protective Clothing and §435.3 Self-contained Breathing Apparatus. The TCFP also proposed new §435.9 Personal Alert Safety System (PASS), new §435.11 Incident Management System (IMS), new §435.13 Personnel Accountability System, new §435.15 Operating At Emergency Incidents, new §435.17 Procedures for Interior Structural Fire Fighting (2-In/2-Out Rule), and new §435.19 Commission Enforcement of Chapter 435. The proposed changes and new sections were published in the December 28, 2001, issue of the Texas Register (26 TexReg 10805), and the amendments and new sections were adopted in the March 22, 2002, issue.

TRD-200202392

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: April 17, 2002


The Texas Commission on Fire Protection (the "TCFP") adopts the review of Title 37, Texas Administrative Code, Part 13, Chapter 437, Fees, in accordance with Government Code, §2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the December 28, 2001, issue of the Texas Register (26 TexReg 11057). No comments were received regarding readoption of the chapter.

Specifically, the following sections of Chapter 437 were reviewed: §437.1 Fees--Purpose and Scope, §437.3 Fees-- Certification, §437.5 Fees--Renewal, §437.7 Fees--Standards Manual and Certification Curriculum Manual; §437.11 Fees-- Copying; §437.13 Fees--Basic Certification Examination; §437.15 Fees--International Fire Service Accreditation Congress (IFSAC) Seal; §437.17 Fees--Records Review; and §437.19 Late Filing Penalty.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP proposed changes to §437.3 Fees--Certification. The proposed rule action was published in the December 28, 2001, issue of the Texas Register (26 TexReg 10808), and the amended rule was adopted in the March 22, 2002, issue.

TRD-200202393

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: April 17, 2002