TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 3. TEXAS YOUTH COMMISSION

Chapter 97. SECURITY AND CONTROL

Subchapter A. SECURITY AND CONTROL

37 TAC §97.21

The Texas Youth Commission (TYC) adopts the repeal of §97.21, concerning Approved Restraint Equipment, without changes to the proposal as published in the November 19, 2004, issue of the Texas Register (29 TexReg 10695).

The repeal is necessary in order to allow for the content of this section to be included in a new rule, §97.23, which is adopted in this issue of the Texas Register .

No comments were received regarding adoption of the repeal.

The repeal is adopted under the Human Resources Code, §61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions.

The adopted rule implements the Human Resources Code, §61.034.

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 February 11, 2005.

TRD-200500633

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: March 3, 2005

Proposal publication date: November 19, 2004

For further information, please call: (512) 424-6301


37 TAC §97.23

The Texas Youth Commission (TYC) adopts the repeal of §97.23, concerning Use of Force, without changes to the proposal as published in the November 19, 2004, issue of the Texas Register (29 TexReg 10696).

The repeal will allow for a new rule to be published in its place, which is adopted in this issue of the Texas Register .

No comments were received regarding adoption of the repeal.

The repeal is adopted under the Human Resources Code, §61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions.

The adopted rule implements the Human Resources Code, §61.034.

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 February 11, 2005.

TRD-200500636

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: March 3, 2005

Proposal publication date: November 19, 2004

For further information, please call: (512) 424-6301


37 TAC §97.23

The Texas Youth Commission (the commission) adopts new §97.23, concerning Physical Restraint, with changes to the proposed text as published in the November 19, 2004, issue of the Texas Register (29 TexReg 10696). Changes to the proposed text consist of responses to the public comments as noted below; adding Plastic Flex Cuffs to the list of approved mechanical restraint equipment in order to correct an oversight; clarifying that use of mechanical restraints on youth being transported following release on parole from a residential program is discretionary; and minor grammatical changes.

The justification for the new rule is safety for TYC youth and staff. The new rule will provide greater clarity as to when and how restraint is to be used and what steps should be taken to prevent the need for its use.

The commission received public comments from a Wisconsin company, Crisis Prevention Institute, Inc. (CPI), regarding the proposed new rule. The comments are summarized below, followed by the commission's response.

Comment: Regarding subsection (a) and (d), language should be revised to further clarify the concept of use of physical restraint only as a last resort, and only after all other less restrictive interventions have failed.

Response: The commission believes that physical restraint should be used only when it is absolutely necessary and as a last resort. The commission agrees to add the CPI's suggested language in the purpose clause that physical restraint is to be used as a last resort. The commission amends subsection (a) by adding a sentence to read, "It is to be used as a last resort, only after all other less restrictive interventions have failed".

However, the commission does not agree with the recommendation to amend subsection (d) to include the language "least restrictive" and "last resort". The commission believes the proposed subsection establishes guidelines to determine whether use of restraint is justified and prudent, and the rule states that intervention is expected to be used to the greatest extent possible to avoid the necessity for any physical restraint. The additional language in this section would be redundant and is unnecessary. The commission made no changes to subsection (d) in response to the recommendation.

Comment: Regarding subsection (d)(4), youth should be informed by staff of what they need to do to be released from restraint. Further, there should be a provision for staff debriefing after the incident, using a nationally recognized debriefing technique, to provide an opportunity to learn from the incident and contribute to the reduction or elimination of future incidents.

Response: The commission believes youth should be informed of what is required of the youth to be released from restraint. The commission staff receive training which addresses obtaining youth compliance and determining when a youth can be safely released from all restraints at the site of the incident. Informing youth during a restraint of what is required of the youth in order to be released is a part of that training. It is an important part of the restraint protocol, but its inclusion would be misplaced in this section of our rules, which describes when restraint is authorized.

The commission also believes that staff debriefings following use of restraints are important for evaluating our restraint practices. Each facility utilizes a review board as one means to serve this purpose. This is an important part of our oversight activity, but, again, its inclusion would be misplaced in this section that describes when restraint is authorized. The commission made no amendments to the rule in response to the recommendation.

Comment: Regarding subsection (f), concern is expressed that the rule allows for methods of manual restraint that, under the circumstances existing at the time of the intervention, may be more suitable than agency-approved methods. A suggestion is made that the agency consider expanding the list of approved providers of training programs to include providers that are evidence-based and nationally recognized and omitting the names of specific proprietary systems or models, instead including a reference to a list of approved methods or systems of restraint.

Response: The commission believes it is important to have only one approved method of restraint. It makes for more effective and efficient staff training and, because it avoids confusion regarding the particular techniques that are expected to be used, it promotes safety. The commission's Staff Development Department conducts an annual needs assessment to evaluate and assess the agency's training requirements and restraint methods. The commission made no amendments to the proposed rule regarding the company's suggestion to consider expanding the list of approved providers and including references to a list of approved methods.

Comment: Regarding subsection (g), the language should state that staff will refrain from applying forceful prone restraints on the floor; require staff education in the risks of restraints, including restraint-related positional asphyxia; and require that auxiliary staff continuously monitor for signs of distress in the restrained youth.

Response: CPI's suggestions regarding staff training, debriefing and monitoring are addressed in the agency's training curriculum and in other agency policies. However, the commission believes the proposed subsection could benefit from emphasizing that placement of youth in positions that are capable of causing positional asphyxia is a prohibited technique. Therefore, the commission amends the proposed subsection (g)(1) to read, "restricting respiration in any way, such as applying a chokehold or pressure to a youth's back or chest or placing a youth in a position that is capable of causing asphyxia;"

The new rule is adopted under the Human Resources Code, §61.075, which provides the Texas Youth Commission with the authority to order a child's confinement under conditions it believes best designed for the child's welfare and the interests of the public.

The adopted rule implements the Human Resources Code, §61.034.

§97.23.Physical Restraint.

(a) Purpose. It is the policy of the Texas Youth Commission (TYC) not to use force against a youth except for purposes of physical restraint under the limited circumstances described in this rule. Problem-solving, verbal intervention and de-escalation techniques are expected to be used to the greatest extent possible to avoid the necessity for any physical restraint. When physical restraint becomes necessary, it is the policy of TYC to use restraint techniques that minimize the risk of harm to the youth and staff. Physical restraint is never to be used as punishment or for the convenience of staff. It is to be used as a last resort, only after all other less restrictive interventions have failed.

(b) Applicability.

(1) See §97.27 of this title (relating to Riot Control).

(2) To allow youth time to regain self-control, see §97.35 of this title (relating to Temporary Segregation of Youth Out of Control) and §97.39 of this title (relating to Isolation).

(3) For short-term placement of out-of-control youth in a security program, see §97.40 of this title (relating to Security Program).

(4) See §91.92 of this title (relating to Psychotropic Medication-Related Emergencies).

(c) Explanation of Terms Used.

(1) Full-Body Restraint--means use of a padded cloth or leather mechanical restraint devices to secure a youth to a specially designed bed as a means of physical restraint.

(2) Handle With Care--means a proprietary physical intervention system based on a passive manual restraint method that provides control without inflicting pain or injury.

(3) Manual Restraint--means use of hands-on techniques as a means of physical restraint.

(4) Mechanical Restraint--means use of a mechanical device applied to a youth as a means of physical restraint.

(5) OC Spray--also known as pepper spray, means the chemical agent, Oleoresin Capsicum (OC), used as a means of physical restraint.

(6) Physical Restraint--means restricting a youth's freedom of action by using various restraint methods, including manual restraint, mechanical restraint, OC spray and full-body restraint.

(7) Verbal Judo--means a proprietary system of communication and persuasion for de-escalating a situation before using physical restraint.

(d) When Physical Restraint Is Authorized.

(1) Physical restraint of a youth must never be used unless it is necessary in order to prevent the youth from:

(A) causing harm to himself/herself or others;

(B) causing property damage;

(C) escaping, absconding, or fleeing apprehension;

(D) resisting removal from a dangerous or disruptive situation;

(E) resisting administration of medical treatment when, under the circumstances, failure to administer the treatment could have serious health implications; or

(F) resisting collection of DNA samples as required by law.

(2) In deciding whether to physically restrain a youth for any of the purposes indicated above, a staff member must consider the following two questions:

(A) Is it likely that what the youth would be restrained from doing will actually occur, continue or escalate if the restraint is not undertaken immediately? Consider:

(i) how imminent or certain the risk is;

(ii) the extent to which the youth has voluntarily ceased the conduct; and

(iii) how effective de-escalation efforts have been.

(B) Under the circumstances existing at the time, is physical restraint justified and prudent? Consider:

(i) the extent of harm that might result if the youth is not restrained now and the conduct occurs, continues or escalates; and

(ii) the extent of the potential risk of harm to both the youth and staff by using physical restraint now.

(3) When both questions are answered affirmatively, the use of physical restraint is required. Sometimes that decision must be made in a split second in order to prevent the youth from causing serious harm. When either question is answered negatively, because the restraint is considered to be either unnecessary for now or unjustified or imprudent under the circumstances, preventive measures appropriate to the situation must be tried first.

(4) A youth must be released from physical restraint as soon as the purpose for which the youth was restrained under subsection (d)(1) of this section has been achieved.

(e) Preventive Steps To Avoid The Necessity For Physical Restraint.

(1) In situations where a youth's behavior indicates that physical restraint may become necessary, or where a youth's resistance to compliance with a request may escalate, preventive steps must be taken to the greatest extent possible to prevent the need for physical restraint. The aim of these steps is to assist the youth in regaining self-control with dignity and complying voluntarily. These steps include:

(A) using Verbal Judo or other communication and persuasion techniques, along with empathy and presence, in appealing to the youth's reason and practical sense;

(B) re-directing the youth's attention and energy toward a more constructive objective; and

(C) using staff teamwork, particularly as a way to switch the youth's focus to staff members who may not have been involved in the situation initially.

(2) These preventive steps are most effective when they occur in a culture and climate of safety, where all youth and staff respect each other's person and are proactively engaged at all times in preventing the need for physical restraint. The steps for creating such a culture and climate include:

(A) respectful and active listening in order to create relationships of trust and connection between staff and youth and to encourage youth to break their ingrained code of silence;

(B) providing regular opportunities for conflict resolution and problem solving, and, when feasible and appropriate, delaying another scheduled activity in order to allow timely staff-supervised verbal intervention with other youth in behavior groups;

(C) rewarding youth and staff for their actions that prevent combative situations and that help create a culture and climate of safety; and

(D) implementing fair, firm, and consistent disciplinary consequences for misconduct that threatens safety and security.

(f) Approved Techniques For Physical Restraint. Techniques that may be used for physical restraint are limited to:

(1) agency-approved:

(A) Handle With Care methods of manual restraint;

(B) mechanical restraints;

(C) OC spray, under certain limited circumstances; and

(D) full-body restraints, under certain limited circumstances; or

(2) other methods of manual restraint that under the circumstances existing at the time:

(A) are more practical than the agency-approved Handle With Care methods of restraint, taking into account the youth's and staff's particular vulnerability to harm;

(B) involve a use of force to a degree no greater than that reasonably necessary to achieve the objective; and

(C) do not unduly risk serious harm or needless pain to the youth or staff.

(g) Prohibited Techniques of Physical Restraint. Prohibited techniques of restraint that unduly risk serious harm or needless pain to the youth include:

(1) restricting respiration in any way, such as applying a chokehold or pressure to a youth's back or chest or placing a youth in a position that is capable of causing asphyxia;

(2) using any method that is capable of causing loss of consciousness or harm to the neck;

(3) pinning down with knees to torso, head and/or neck;

(4) slapping, punching, kicking, or hitting;

(5) using pressure point, pain compliance and joint manipulation techniques, other than an approved Handle With Care method for release of a chokehold, bite or hair pull;

(6) modifying restraint equipment or applying any cuffing technique that connects handcuffs behind the back to ankle restraints;

(7) dragging or lifting of the youth by the hair or by any type of mechanical restraints;

(8) using other youth or untrained staff to assist with the restraint;

(9) securing a youth to another youth or to a fixed object, other than to an agency-approved full-body restraint device; or

(10) administering a drug for controlling acute episodic behavior as a means of physical restraint, except when the youth's behavior is attributable to mental illness and the drug is authorized by a licensed physician and administered by a licensed medical professional.

(h) Approved Manual Restraint Techniques and Guidelines for Use.

(1) Approved Manual Restraint Techniques. Handle With Care methods of manual restraint are the agency-approved manual restraint techniques. Manual restraint is authorized only when the requirements of subsection (d) of this section have been met.

(2) Guidelines for Use in Planned Manual Restraint Situations.

(A) When a youth is confined alone in a locked room and time is available to plan for manual restraint in the event preventive steps prove unsuccessful, the facility administrator or designee may approve planned manual restraint.

(B) All planned manual restraints must be videotaped, including a recording of a verbal description of the youth's conduct and all warnings provided the youth.

(C) Only staff trained in planned manual restraint may participate in the team that is assembled for the room entry.

(D) The youth must be warned to discontinue the misconduct at least two times after the team is assembled and before the room entry.

(3) Guidelines for use in Removing Clothing From Suicidal Youth.

(A) A mental health professional (MHP), as defined in §91.88 of this title (relating to Suicide Alert Explanation of Terms), shall determine if physical restraint is necessary in order to remove clothing from a youth who displays suicidal ideation or behavior.

(B) Approval by the facility administrator or designee is required for the restraint.

(C) Manual restraint may only be used to remove clothing that could potentially be used for imminent self-injury.

(D) Clothing will be removed in the security unit, in a private location.

(E) Staff must ensure that at least one staff conducting the restraint is the same gender as the youth.

(F) Once the clothing has been removed, the restraint is terminated and protective clothing is issued.

(i) Approved Mechanical Restraints and Guidelines for Use.

(1) Approved Mechanical Restraint Equipment. The following devices, when used only in a manner consistent with their intended purpose and when the requirements of subsection (d) of this section are met, are agency-approved mechanical restraint equipment:

(A) Handcuffs (Hard)--metal (not plastic) devices fastened around the wrist to restrain free movement of the hands and arms.

(B) Wristlets (Soft)--a cloth or leather band fastened around the wrist or arm and which may be secured to a waist belt.

(C) Plastic Flex Cuffs--plastic devices fastened around the wrist to restrain free movement of the hands and arms and used only in riot control.

(D) Anklets (Soft)--a cloth or leather band fastened around the ankle or leg.

(E) Leg Irons (Hard)--a metal, device with a length of chain fastened around the ankle to limit movement of the legs. Handcuffs may not be used to cuff the ankles. Oversized leg irons may be used if the standard leg irons do not go around the cuff of the ankle.

(F) Transportation Belt/Chain, Waist Band, and/or Belly Chain--these devices can be cloth, leather, or metal links that are fastened around the waist. The transportation belt is used to secure the arms to the sides or front of the body.

(G) Transport Box--a small metal box that may be used to secure handcuffs while using a transportation chain.

(H) Padlocks or Key Locks--these locks are used to secure handcuffs, wristlets, anklets, and ankle cuffs.

(I) Mittens--a cloth, plastic, foam rubber, or leather hand covering fastened around the wrist or lower arm. Acceptable fasteners include elastic, Velcro, ties, paper tape, and pull strings.

(J) Helmets--a plastic, foam rubber, or leather head covering. If appropriate, a face guard may be attached to the helmet. The device must be proper size for the youth, and the chin strap should not be so tight as to interfere with circulation.

(K) Spit Mask--a cloth or nylon covering that is designed to prevent spitting and discourage biting.

(L) Transport Leg Brace--a metal and nylon device that allows a person to walk, but will impede running or kicking. This device can be worn out of sight under trousers.

(2) Guidelines for Use.

(A) Mechanical restraint equipment must be applied properly. A device must not be secured so tightly as to interfere with circulation or so loosely as to permit chafing of the skin.

(B) When mechanical restraints are employed, the youth is placed on his/her side as soon as possible in order to help ensure adequate respiration and circulation.

(C) A mechanical restraint, for other than transportation or riot control, shall be terminated as soon as the purpose for which the youth was restrained under subsection (d)(1) of this section has been achieved, but in any event within 30 minutes, unless an extension is approved by the facility administrator or designee. Approval must be obtained every 30 minutes until termination of restraint.

(D) When mechanical restraints are employed, staff shall ensure the youth's safety by checking the youth for adequate respiration and circulation every 30 minutes. Staff will provide continuous visual supervision and appropriate assistance until the mechanical restraint is terminated.

(3) Mechanical Restraint Use by the Transportation Unit. Mechanical wrist and ankle restraints attached to a waist belt by a lead chain shall be used during transportation by the transportation unit. Exceptions may be made for youth being transported following release on parole from a residential program.

(4) Mechanical Restraint Use by Other Transporters.

(A) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain shall be used during transportation when a youth is being transported to a high restriction program.

(B) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain may be used when transporting a youth off-campus.

(C) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain may be used when transporting a youth to a security unit and when transporting youth currently admitted to the security unit to activities outside the unit.

(D) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain may be used when transporting youth currently admitted to the security unit to activities within the security unit.

(j) Approved Use of OC Spray and Guidelines for Use.

(1) Approved Use of OC Spray.

(A) OC Spray is the only agency-approved chemical agent. It is authorized for use only when:

(i) the requirements of subsection (d) of this section have been met;

(ii) manual restraint is likely to result in injury to youth or staff under the circumstances existing at the time; and

(iii) it is necessary to:

(I) quell a riot or major campus disruption;

(II) resolve a hostage situation;

(III) remove youth from behind a barricade;

(IV) secure an object that is being used as a weapon and that is capable of causing serious bodily injury; or

(V) rescue a person being assaulted by youth.

(B) Unless it is necessary to prevent loss of life or serious bodily injury, OC spray is not authorized for use when:

(i) the youth has been identified as having respiratory problems or other health conditions which would make use of OC spray dangerous; or

(ii) the youth is assigned to a mental health treatment program or identified by a mental health professional as having a psychiatric condition or mental health diagnosis that would contraindicate the use of OC spray until the MHP has been given the opportunity to establish control; or

(iii) the youth is confined in a room in a security unit.

(2) Persons Authorized to Use OC Spray.

(A) OC spray is permitted only in TYC high restriction institutions and in high restriction contract care programs approved by the executive director or designee.

(B) Only staff who have been trained in the use of OC spray are authorized to use it.

(C) In TYC high restriction institutions, only security personnel whose regular assignment is outside the security unit are authorized to routinely carry OC spray on their person.

(3) Guidelines for Use.

(A) OC spray canisters must be carefully controlled at all times. Access to them must be controlled at a single central location.

(B) After administration of OC spray, staff must initiate de-contamination with cool water as soon as the purpose of the restraint has been achieved.

(C) Immediately following de-contamination from OC spray, medical staff will be contacted to examine and, if necessary, treat youth and staff.

(k) Approved Use of Full-Body Restraint and Guidelines for Use.

(1) Approved Use of Full-Body Restraint. A full-body restraint bed equipped with cloth or leather mechanical restraint straps/devices to secure a person on a bed, face upward, is the only agency-approved full-body restraint equipment. It must be used only in a manner consistent with its intended purpose. It is authorized for use only when:

(A) the requirements of subsection (d) of this section have been met; and

(B) the restraint is necessary to prevent serious self-injury.

(2) Persons Authorized to Use Full-Body Restraint.

(A) Full-body mechanical restraints are permitted only in TYC institutions and in high restriction contract care programs approved by the executive director or designee.

(B) Staff who may be expected to participate in any aspect of the restraint must receive special training and will not participate in its implementation until the training has been received. The training will include proper use and application of full body restraint devices and applicable TYC policies and guidelines regarding the implementation, documentation, and continuation of full body restraint.

(C) At least one staff trained specifically in full body restraint techniques must be involved in any takedown procedure. If at least one trained staff is not available to supervise, full-body restraint shall not be employed.

(3) Guidelines for Use.

(A) If the facility resources are not sufficient to support the procedural requirements for full body restraint as specified in this subsection, then full body restraint of the youth must not be employed.

(B) Authorization by the facility administrator or designee to use full body restraint is required and is valid for up to one hour only.

(C) Prior to the expiration of the first hour, the youth shall be evaluated by a MHP who may recommend approval to continue the full body restraint.

(D) In order to recommend continuation of the restraint, the mental health assessment will verify that the current use of full body restraint is not having a psychologically damaging effect and that the need for full body restraint is not due to an immediate psychiatric crisis which requires alternative interventions.

(E) Approval from a physician or a licensed doctoral psychologist must be obtained to continue the full body restraint beyond one (1) hour.

(F) Additional MHP assessment is required to extend the restraint beyond four (4) hours and at least every four (4) hours thereafter if the restraint continues.

(G) The facility administrator or designee may direct additional MHP assessment at any time.

(H) Restraint shall be terminated as soon as the youth's behavior indicates the threat of imminent self-injury is absent.

(I) Staff employing a full body restraint shall ensure the youth's personal dignity by providing a protected environment and as much privacy as possible.

(J) All items or articles (i.e. belts, gloves, and jewelry) with which a youth might injure himself/herself shall be removed prior to application of restraint devices. However, youth shall be permitted to wear as much clothing as is safe.

(K) Youth placed in full body restraint shall be provided:

(i) regular checks, performed by a nurse, of the physical condition of the youth and the placement of the restraints within the first 30 minutes and every hour during the restraint;

(ii) an assessment of circulation, position, and open airway checks at least every 15 minutes by specifically trained staff;

(iii) opportunity for motion and exercise for a period of not less than five (5) minutes at each half hour;

(iv) regularly scheduled meals and drinks served on appropriate food ware for safety;

(v) regularly prescribed medications, unless otherwise ordered by a physician;

(vi) opportunities for elimination of bodily waste are offered at least every two (2) hours;

(vii) a room of adequate size, free of safety hazards, adequately ventilated during warm weather, adequately heated during cold weather, and appropriately lighted; and

(viii) continuous visual supervision at arms' length by staff.

(L) No order or approval for full body restraint may be in force for longer than 12 hours. If such restraint is still required for the youth's safety, a physician must directly observe the youth and provide written orders.

(M) Use of medications to assist in calming an agitated youth at the time of restraint or as a substitute for restraint may be appropriate and/or the preferred method of treatment. Refer to §91.92 of this title (relating to Psychotropic Medication-Related Emergencies).

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 February 11, 2005.

TRD-200500635

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: March 3, 2005

Proposal publication date: November 19, 2004

For further information, please call: (512) 424-6301


37 TAC §97.25

The Texas Youth Commission (TYC) adopts the repeal of §97.25, concerning Use of Force: Chemical Agent OC, without changes to the proposal as published in the November 19, 2004, issue of the Texas Register (29 TexReg 10700).

The repeal is necessary in order to allow for the content of this section to be included in a new rule, §97.23, which is adopted in this issue of the Texas Register

No comments were received regarding adoption of the repeal.

The repeal is adopted under the Human Resources Code, §61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions.

The adopted rule implements the Human Resources Code, §61.034.

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 February 11, 2005.

TRD-200500638

Dwight Harris

Executive Director

Texas Youth Commission

Effective date: March 3, 2005

Proposal publication date: November 19, 2004

For further information, please call: (512) 424-6301


Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 405. CHARGES FOR PUBLIC RECORDS

The Texas Commission on Fire Protection (TCFP) adopts amendments to §§405.1, 405.3, 405.5, 405.7, 405.11, and 405.15, and the repeal of §405.17, concerning general provisions, definitions, charges for providing copies of public information, access to information where copies are not requested, estimates and waivers of public information charges, and the TCFP charge schedule and billing form, in Chapter 405, entitled Charges for Public Records. Sections 405.1, 405.3, 405.5, 405.7, and 405.15, and the repeal of §405.17 are adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11564) and will not be republished. Section 405.11 is adopted with changes to the proposed text published in the December 17, 2004, issue. The change is a typo in subsection (b)(1), where the word "changes" should be "charges."

The Texas Building and Procurement Commission’s (TPBC) rules (1 TAC §§111.61 - 111.71) require state agencies to adopt the TBPC charge schedule for copies of public information. These amendments bring TCFP into compliance with recent changes made to the TBPC charge schedule. The amendments also update obsolete terminology, add TBPC language not previously incorporated, and reword for clarity. The repeal of §405.17, entitled Billing Form, removes from rule format an agency standard form and adds that billing form to the agency’s set of standard forms, which are internally produced.

No comments were received regarding the proposed amendments and repeal.

37 TAC §§405.1, 405.3, 405.5, 405.7, 405.11, 405.15

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties.

Cross reference to statute: Texas Government Code, §419.008.

§405.11.Estimates and Waivers of Public Information Charges.

(a) In accordance with 1 TAC, Chapter 111, the Commission will provide to the party requesting copies of public information an itemized statement of estimated charges if charges for copies of public information or if charges for making public information available for inspection will exceed $40. The itemized statement will contain the following information:

(1) the itemized charges, including any allowable charges for personnel time, overhead, copies, etc; and

(2) whether a less costly or no-cost way of viewing the information is available.

(b) The requestor must respond to the itemized statement in writing by mail, in person, by facsimile or email within 10 business days after the date the statement is sent, or the request will be considered to have been automatically withdrawn by the requestor. The written response must contain one of the following statements:

(1) that the requestor will accept the estimated charges; or

(2) that the requestor is modifying the request in response to the itemized statement; or

(3) that the requestor has sent to the Texas Building and Procurement Commission a complaint alleging that the requestor has been overcharged for being provided with a copy of the public information.

(c) If the Commission cannot produce the requested public information and/or duplication within 10 business days after the date the written response from the requestor has been received, the Commission will certify to that fact in writing and set a date and hour within a reasonable time, as to when the information will be available.

(d) The Commission will furnish public records without charge or at a reduced charge if it determines that a waiver or reduction is in the public interest because providing the copy of the information primarily benefits the general public.

(e) If the estimated charges are $100 or more, the Commission may require a bond for the entire estimated amount or a deposit not to exceed 50 percent of the entire estimated charges.

(f) Where a particular request will involve considerable time and resources to process, the Commission staff will advise the requesting party of what may be involved and an estimated date of completion. All efforts will be made to process requests as efficiently as possible so that requested information will be provided at the lowest possible charge. When the Commission charges for public information, full disclosure will be made to the requesting party as to how the charges were calculated.

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 February 10, 2005.

TRD-200500606

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


37 TAC §405.17

The repeal is adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties.

Cross reference to statute: Texas Government Code, §419.008.

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 February 10, 2005.

TRD-200500607

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 421. STANDARDS FOR CERTIFICATION

37 TAC §421.3

The Texas Commission on Fire Protection (TCFP) adopts an amendment to §421.3, concerning minimum standards set by the TCFP, in Chapter 421, entitled Standards for Certification. The amendment is adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11567) and will not be republished. The amendment adds position descriptions for Fire Officer I and Fire Officer II positions, which had not previously existed in §421.3.

No comments were received on the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.032, which provides the TCFP with the authority to prescribe the means of presenting evidence of the fulfillment of the qualifications for appointment as fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.032.

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 February 10, 2005.

TRD-200500608

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 423. FIRE SUPPRESSION

The Texas Commission on Fire Protection (TCFP) adopts amendments to §423.13 and §423.211, concerning International Fire Service Accreditation Congress (IFSAC) seals, in Chapter 423, entitled Fire Suppression. The amendments are adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11568) and will not be republished. The amendments to §423.13 and §423.211 are adopted concurrently with the adoption of amendments to §§429.211, 431.13, 431.211, 433.7, 451.7, 451.207, 453.5, and 453.7.

This group of amendments makes the procedures for obtaining an IFSAC seal consistent across disciplines; corrects the effective date of a change in qualifying requirements for individuals seeking an IFSAC seal; changes the term "First Responder" to the more commonly used term "Hazardous Materials Technician;" and makes minor grammatical changes for clarity.

No comments were received regarding the proposed amendments.

Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION

37 TAC §423.13

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500609

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL

37 TAC §423.211

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500610

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 427. TRAINING FACILITY CERTIFICATION

The Texas Commission on Fire Protection (TCFP) adopts amendments to §427.15 and §427.205, concerning testing procedures, in Chapter 427, entitled Training Facility Certification. The amendments are adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11569) and will not be republished.

The amendments clarify that certified training facilities and academies must provide students all the materials required to meet the competencies of the curriculum.

No comments were received regarding the proposed amendments.

Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER

37 TAC §427.15

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; Texas Government Code, §419.022(a)(5), which gives the TCFP the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel; and Texas Government Code, §419.028(3), which provides the TCFP with the authority to set conditions under which training facilities operate.

Cross reference to statute: Texas Government Code, §§419.008, 419.022(a)(5), and 419.028(3).

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 February 10, 2005.

TRD-200500611

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Subchapter B. DISTANCE TRAINING PROVIDER

37 TAC §427.205

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; Texas Government Code, §419.022(a)(5), which gives the TCFP the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel; and Texas Government Code, §419.028(3), which provides the TCFP with the authority to set conditions under which training facilities operate.

Cross reference to statute: Texas Government Code, §§419.008, 419.022(a)(5), and 419.028(3).

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 February 10, 2005.

TRD-200500612

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 429. MINIMUM STANDARDS FOR FIRE INSPECTORS

Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION

37 TAC §429.211

The Texas Commission on Fire Protection (TCFP) adopts an amendment to §429.211, concerning International Fire Service Accreditation Congress (IFSAC) seals (new track), in Chapter 429, entitled Minimum Standards for Fire Inspectors. The amendment is adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11570) and will not be republished. The amendment is adopted concurrently with the adoption of amendments to §§423.13, 423.211, 431.13, 431.211, 433.7, 451.7, 451.207, 453.5, and 453.7.

This group of amendments makes the procedures for obtaining an IFSAC seal consistent across disciplines; corrects the effective date of a change in qualifying requirements for individuals seeking an IFSAC seal; changes the term "First Responder" to the more commonly used term "Hazardous Materials Technician;" and makes minor grammatical changes for clarity.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500613

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 431. FIRE INVESTIGATION

The Texas Commission on Fire Protection (TCFP) adopts amendments to §§431.13, 431.203, and 431.211, concerning International Fire Service Accreditation Congress (IFSAC) seals and minimum standards for Fire Investigator certification, in Chapter 431, entitled Fire Investigation. The amendments are adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11571) and will not be republished. The amendments to §431.13 and §431.211 are adopted concurrently with the adoption of amendments to §§423.13, 423.211, 429.211, 433.7, 451.7, 451.207, 453.5, and 453.7. The amendment to §431.203 is adopted separately.

The amendments to §431.13 and §431.211 make the procedures for obtaining an IFSAC seal consistent across disciplines; correct the effective date of a change in qualifying requirements for individuals seeking an IFSAC seal; change the term "First Responder" to the more commonly used term "Hazardous Materials Technician;" and make minor grammatical changes for clarity.

The amendment to §431.203 deletes subsection (e), which has become obsolete now that new higher levels of certification for Fire Investigator have been recently adopted.

No comments were received regarding the proposed amendments.

Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION

37 TAC §431.13

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500614

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION

37 TAC §431.203, §431.211

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500615

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 433. MINIMUM STANDARDS FOR DRIVER/OPERATOR-PUMPER

37 TAC §433.7

The Texas Commission on Fire Protection (TCFP) adopts an amendment to §433.7, concerning International Fire Service Accreditation Congress (IFSAC), in Chapter 433, entitled Minimum Standards for Driver/Operator-Pumper. The amendment is adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11572) and will not be republished. The amendment is adopted concurrently with the adoption of amendments to §§423.13, 423.211, 429.211, 431.13, 431.211, 433.7, 451.7, 451.207, 453.5, and 453.7.

This group of amendments makes the procedures for obtaining an IFSAC seal consistent across disciplines; corrects the effective date of a change in qualifying requirements for individuals seeking an IFSAC seal; changes the term "First Responder" to the more commonly used term "Hazardous Materials Technician;" and makes minor grammatical changes for clarity.

No comments were received regarding adoption of the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500616

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 435. FIRE FIGHTER SAFETY

37 TAC §435.11

The Texas Commission on Fire Protection (TCFP) adopts an amendment to §435.11, concerning incident management systems (IMS), in Chapter 435, entitled Fire Fighter Safety. The amendment is adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11573) and will not be republished.

The amendment adds a new subsection (d), which recommends that departments follow the National Incident Management System (NIMS) when developing their incident management systems.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.044, which provides the TCFP with the authority to establish minimum standards for regulated fire department incident management systems.

Cross reference to statute: Texas Government Code, §419.008 and §419.044.

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 February 10, 2005.

TRD-200500617

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 437. FEES

37 TAC §437.5, §437.15

The Texas Commission on Fire Protection (TCFP) adopts amendments to §437.5 and §437.15, concerning renewal fees, in Chapter 437, entitled Fees. The amendments are adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11573) and will not be republished.

The amendments add the word "non-refundable" to the sections of the rules that deal with renewal fees, late fees charged in connection with renewal fees, and fees for IFSAC seals issued by the TCFP.

No comments were received regarding the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.026, which provides the TCFP with the authority to set and collect fees for certifications and certification renewals.

Cross reference to statute: Texas Government Code, §419.008 and §419.026.

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 February 10, 2005.

TRD-200500618

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 439. EXAMINATIONS FOR CERTIFICATION

Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING

37 TAC §439.5

The Texas Commission on Fire Protection (TCFP) adopts an amendment to §439.5, concerning testing procedures, in Chapter 439, entitled Examinations for Certification. The amendment is adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11574) and will not be republished.

The amendment revises subsection (c) in order to address a situation in which an individual passes the state certification examination but fails to pass the International Fire Service Accreditation Congress (IFSAC) portion of that test. The amendment extends to two years the time in which an individual may retest on an IFSAC portion.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopted rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500619

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 451. FIRE OFFICER

The Texas Commission on Fire Protection (TCFP) adopts amendments to §451.7 and §451.207, concerning International Fire Service Accreditation Congress (IFSAC) seals, in Chapter 423, entitled Fire Suppression. The amendments are adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11574) and will not be republished. The amendments are adopted concurrently with the adoption of amendments to §§423.13, 423.211, 429.211, 431.13, 431.211, 433.7, 453.5, and 453.7.

This group of amendments makes the procedures for obtaining an IFSAC seal consistent across disciplines; corrects the effective date of a change in qualifying requirements for individuals seeking an IFSAC seal; changes the term "First Responder" to the more commonly used term "Hazardous Materials Technician;" and makes minor grammatical changes for clarity.

No comments were received regarding the proposed amendments.

Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I

37 TAC §451.7

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500620

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II

37 TAC §451.207

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500621

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921


Chapter 453. MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN

37 TAC §453.5, §453.7

The Texas Commission on Fire Protection (TCFP) adopts amendments to §453.5 and §453.7, concerning International Fire Service Accreditation Congress (IFSAC) seals, in Chapter 453, entitled Minimum Standards for Hazardous Material Technician. The amendments are adopted without changes to the proposed text published in the December 17, 2004, issue of the Texas Register (29 TexReg 11575) and will not be republished. The amendments are proposed concurrently with the adoption of amendments to §§423.13, 423.211, 429.211, 431.13, 431.211, 433.7, 451.7, and 451.207.

This group of amendments makes the procedures for obtaining an IFSAC seal consistent across disciplines; corrects the effective date of a change in qualifying requirements for individuals seeking an IFSAC seal; changes the term "First Responder" to the more commonly used term "Hazardous Materials Technician;" and makes minor grammatical changes for clarity.

No comments were received regarding the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with the authority to adopt rules for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum educational standards for appointment as basic and advanced fire protection personnel.

Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).

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 February 10, 2005.

TRD-200500622

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 2, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 239-4921