37 TAC §437.5
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to Texas Government Code, Chapter 437, §437.5, Renewal Fees.
The purpose of the proposed amendment 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. If adopted,
this increase would enable the TCFP to maintain current levels of: 1) regulatory
oversight of the certification of fire service personnel (mandated by Texas
Government Code, §419.026(d)); and 2) training assistance to fire departments
(mandated by Texas Government Code, §419.031), which may be in jeopardy
due to potential budget cuts.
The TCFP has determined the amendment to be in compliance with Texas Government
Code, §419.022(b) and §419.026(a).
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
amendment is in effect there will be a minimal fiscal impact on state and
local governments who pay for the renewal of the certifications of their fire
protection personnel pursuant to Texas Government Code, §419.026(a).
Individuals and organizations that hold a commission certification and pay
for their own renewals will also have a minimal increase for the annual renewal.
Mr. Soteriou 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 amendment will be the assurance that levels of regulatory
oversight will be maintained despite budget constraints, and that high standards
will be maintained for certification of fire service personnel, resulting
in greater public safety.
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-mailed to info@tcfp.state.tx.us. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
The amendment is proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose 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
[
$20
] 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
[
$20
] renewal fee which will renew all certificates held by the individual
or certified training facility.
(b) - (p)
(No change.)
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 12, 2005.
TRD-200501923
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 26, 2005
For further information, please call: (512) 239-4921