Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 9.
PUBLIC SAFETY COMMUNICATIONS
Subchapter C. AMBER ALERT NETWORK FOR ABDUCTED CHILDREN
37 TAC §§9.21 - 9.24
The Texas Department of Public Safety adopts new Subchapter
C, §§9.21 - 9.24, concerning the Amber Alert Network For Abducted
Children, without changes to the proposed text as published in the May 20,
2005, issue of the
Texas Register
(30 TexReg
3012).
Adoption of the new sections is necessary in order to promulgate the policies
and procedures of the Texas Department of Public Safety (DPS) governing the
statewide coordination of the Amber Alert Network activation and deactivation
in order to maintain a high level of effectiveness. The new sections further
fully implement Tex. S.B. 57, Acts 2003, 78th Leg., R.S., ch. 789, §1.
No comments were received regarding adoption of the new sections.
The new sections are adopted pursuant to Texas Government code, §411.353(b),
which requires the director to adopt rules and issue directives as necessary
to ensure proper implementation of the alert system with the rules and directive
to include instructions on the procedures for activating and deactivating
the alert system; and Texas Government Code, §411.353(c), which requires
the director to prescribe forms for use by local law enforcement agencies
in requesting activation of the alert system.
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 July 7, 2005.
TRD-200502756
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: July 27, 2005
Proposal publication date: May 20, 2005
For further information, please call: (512) 424-2135
Chapter 437.
FEES
37 TAC §437.5
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to Chapter 437, §437.5, Renewal Fees. The amendment is adopted
with changes to the proposed text published in the May 27, 2005, issue of
the
Texas Register
(30 TexReg 3085). The change
is the addition of a new subsection (q) which addresses those situations in
which an individual is returning to the fire service after activation to military
service, and finds that his or her certification has expired. The added provision
requires those individuals to notify the commission in writing of their return,
and pay a $25 renewal fee, but waives any associated late fees.
The purpose of the adopted amendment to subsection (a) is to implement
a $5.00 increase in the fee charged to renew certifications for certified
individuals and certified training facilities, making the renewal fee $25
instead of $20. This increase will enable the TCFP to maintain current levels
of regulatory oversight of the certification of fire service personnel (mandated
by Texas Government Code, §419.026) which would be in jeopardy due to
proposed budget cuts. The purpose of the new subsection (q) is to clarify
the procedure to be followed when an individual returns to the fire service
after activation to military service to find his or her certification has
expired, and to assure that those individuals who are serving their country
are not penalized with the late fees normally associated with failure to renew
a certification.
The TCFP has determined the amendment to be in compliance with Texas Government
Code, §419.022(b) and §419.026(a).
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, §419.026, which
provides the TCFP with authority to set and collect a fee of not more than
$35 for each certificate that the TCFP issues or renews.
Texas Government Code, §419.008 and §419.026 are affected by
this rulemaking.
§437.5.Renewal Fees.
(a)
A $25 non-refundable annual renewal fee shall be assessed
for each certified individual and certified training facility. If an individual
or certified training facility holds more than one certificate, the commission
may collect only one $25 renewal fee which will renew all certificates held
by the individual or certified training facility.
(b)
Renewal fees shall not be combined with other fees, such
as certification fees, fees for commission manuals, and copying fees.
(c)
A regulated employing entity shall pay the renewal fee
for all certificates which a person must possess as a condition of employment.
(d)
If a person re-enters the fire service whose certificate(s)
has been expired for less than one year, the regulated entity must pay all
applicable renewal fee(s) and any applicable additional fee(s). Upon payment
of the required fees, the certificates previously held by the individual,
for which he or she continues to qualify, will be renewed.
(e)
If a person reapplies for a certificate(s) which has been
expired less than one year and the individual is not employed by a regulated
employing entity, as defined in subsection (c) of this section, the individual
must pay all applicable renewal fee(s) and any applicable additional fee(s).
Upon payment of the required fee(s), the certificate(s) previously held by
the individual, for which he or she continues to qualify, will be renewed.
(f)
Nothing in this section shall prohibit an individual from
paying a renewal fee for any certificate which he or she is qualified to hold
providing the certificate is not required as a condition of employment.
(g)
Certification renewal statements will be mailed to all
regulated employing entities at least 60 days prior to October 31 of each
calendar year. Certification renewal statements will be mailed to certified
training facilities at least 60 days prior to February 1 of each calendar
year. Certification renewal statements will be mailed to individuals holding
certification at least 60 days prior to April 30 of each calendar year.
(h)
All certification renewal fees must be returned with the
renewal statement to the commission.
(i)
All certification renewal fees must be paid on or before
the renewal date posted on the certification renewal statement to avoid additional
fee(s).
(j)
The certification period shall be a period not to exceed
one year. The certification period for employees of regulated employing entities
is November 1 to October 31. The certification period of certified training
facilities is February 1 to January 31. The certification period of Individual
certificate holders is May 1 to April 30.
(k)
Individual certificate holders that possess a certification
that expires on October 31 will receive a renewal statement during the regulated
entity's renewal cycle for a six month renewal period to align that individual
to the individual holding certification renewal cycle as defined in subsection
(j) of this section.
(l)
A regulated entity that hires an individual holding certification
that is current and has a renewal expiration date of April 30 will receive
a renewal statement during the individual holding certification renewal cycle
to align the renewal period as defined in subsection (j) of this section.
(m)
All certification renewal fees received from one to 30
days after the renewal date posted on the renewal notice will cause the individual
or entity responsible for payment to be assessed a non-refundable $10 late
fee in addition to the renewal fee for each individual for which a renewal
fee was due.
(n)
All certification renewal fees received more than 30 days
after the renewal date posted on the renewal notice will cause the individual
or entity responsible for payment to be assessed a non-refundable $20 late
fee in addition to the renewal fee for each individual for which a renewal
fee was due.
(o)
In addition to any non-refundable late fee(s) assessed
for certification renewal, the commission may hold an informal conference
to determine, if any, further action(s) are to be taken.
(p)
An individual or entity may petition the commission for
a waiver of the late fees required by this section if the person's certificate
expired because of the individual or regulated employing entity's good faith
clerical error, or expired as a result of termination of the person's employment
where the person has been restored to employment through a disciplinary procedure
or a court action. All required renewal fees including applicable late fees
and all required continuing education must be submitted before the waiver
request may be considered.
(1)
Applicants claiming good faith clerical error must submit
a sworn statement together with any supporting documentation that evidences
the applicant's good faith efforts to comply with commission renewal requirements
and that failure to comply was due to circumstances beyond the control of
the applicant.
(2)
Applicants claiming restoration to employment as a result
of a disciplinary or court action must submit a certified copy of the order
restoring the applicant to employment.
(q)
An individual, upon returning from activation to military
service, whose certification has expired, must notify the commission in writing.
The individual will have any normally associated late fees waived and will
be required to pay a $25 renewal fee.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 7, 2005.
TRD-200502762
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: July 27, 2005
Proposal publication date: May 27, 2005
For further information, please call: (512) 239-4921
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 441.
CONTINUING EDUCATION