Part 5. TEXAS BOARD OF PARDONS AND PAROLES
Subchapter A. PAROLE PROCESS
The Texas Board of Pardons and Paroles proposes an amendment to 37 TAC §145.3, concerning policy statements relating to parole release decisions by the Board of Pardons and Paroles. The amendment is proposed for the purpose of clarifying the language of the rule.
Rissie Owens, Chair of the Board, has determined, that for the first five-year period the proposed amendment is in effect, no fiscal implications exist for state or local government as a result of enforcing or administering the amended section.
Ms. Owens also has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of the amendment to this section will be to bring the rule into compliance with current board practice. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended section as proposed.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 211 W. 14th Street, Suite 500, Austin, Texas 78701. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendment is proposed under §§508.036, 508.0441, and 508.141 of the Texas Government Code. Section 508.036 provides the board with the authority to adopt rules relating to the decision-making processes used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the eligibility of an inmate for release on parole or release to mandatory supervision. Section 508.141 provides the board with the authority to consider and order release on parole.
No other statutes, articles, or codes are affected by the amendment.
§145.3.Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles.
To aid the Board of Pardons and Paroles in its analysis and research of parole release, the board adopts the following policies.
(1) - (2) (No change.)
(3) An offender will be considered for parole when eligible and when the offender meets the following criteria with regard to behavior during incarceration.
(A) - (E) (No change.)
(F) An offender who is otherwise eligible for release and meets
the criteria for Medically Recommended Intensive Supervision (MRIS) as required
by Government Code, §508.146, may be considered for release on parole
[
if the parole review date is more than six months from the date of application
for MRIS].
(4) (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 April 23, 2007.
TRD-200701530
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 406-5480
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §145.15, concerning action upon review; extraordinary vote. The Board proposes amendments to §145.15 to clarify the language of the rule.
Rissie Owens, Chair of the Board, has determined, that for the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering the amended section.
Ms. Owens also has determined that, for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of the amendments to this section will be to bring the rule into compliance with current board practice. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended section as proposed.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, P.O. Box 13401, Austin, Texas 78711. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendment is proposed under §§508.0441, 508.045, 508.046, and 508.141 of the Texas Government Code. Sections 508.0441, 508.045, 508.046, and 508.141 authorize the Board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to parole or mandatory supervision; relating to the extraordinary vote required for certain violent offenders; and to act on matters of release to parole or mandatory supervision.
No other statutes, articles or codes are affected by these amendments.
§145.15.Action Upon Review; Extraordinary Vote.
(a) - (d) (No change.)
(e) If a request for a special review meets the criteria set
forth in §145.17
(f)
[
(a) - (d)
] of this title (relating
to Action upon Special Review [
of Information Not Previously Available
]--Release Denied), the offender's case shall be sent to the special
review panel.
(1) (No change.)
(2) When the special review panel decides the offender's case
warrants a special review, the case shall be re-voted by the full board. The
presiding officer shall determine the order of the voting panel
[which board office will begin the voting
]. Voting options are the same
as those in subsections (a) - (c) of this section.
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 April 23, 2007.
TRD-200701531
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 406-5480
Chapter 401. PRACTICE AND PROCEDURE
The Texas Commission on Fire Protection (the Commission) proposes amendments to §401.13, Computation of Time; §401.19, Petition for Adoption of Rules; §401.21, Examination Challenge; §401.23, Examination Waiver Request; §401.31, Disciplinary Proceedings in Contested Cases; §401.51, Preliminary Notice and Opportunity for Hearing; §401.101, Conduct and Decorum; and §401.103, Discovery Sanctions. The purpose of the proposed amendments is to update and correct any discrepancies in the rules.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments 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, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
Subchapter A. GENERAL PROVISIONS AND DEFINITIONS
This 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.
Cross reference to statute: Texas Government Code, Chapter 419.
§401.13.Computation of Time.
(a) Computing Time. In computing any period of time prescribed
or allowed by these rules, by order of the Agency, or by any applicable statute,
the period shall begin on the day after the act, event, or default in controversy
and conclude on the last day of such computed period, unless it be a Saturday,
Sunday, or a legal holiday, in which event the period runs until the end of
the next day which is neither a Saturday, Sunday, nor a legal holiday. A party
or attorney of record notified by mail under §401.61 of this title (relating
to
Record
[
Service of Documents
]) is deemed to have
been notified on the date on which notice is mailed.
(b) (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 April 19, 2007.
TRD-200701478
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
This 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.
Cross reference to statute: Texas Government Code, Chapter 419.
§401.19.Petition for Adoption of Rules.
(a) - (b) (No change.)
(c) The executive director shall direct that the petition for
adoption of rules be placed on the next agenda for discussion by the
Commission
[
commission
] or an advisory committee with subject
matter jurisdiction in accordance with §401.11 of this title (relating
to
Conduct of Commission and Advisory Meetings
[
Presentations
to the Commission
]).
(d) (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 April 19, 2007.
TRD-200701494
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
These amendments are proposed under Texas Government Code, §419.008, which provide the TCFP with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, Chapter 419.
§401.21.Examination Challenge.
(a) - (d) (No change.)
(e) The request must be submitted within 30 days
from
[
of
] the date the [written] grade report is
posted on the website
[sent to the examinee].
(f) Commission staff shall schedule a conference with the applicant
in accordance with §401.41 of this title (relating to Preliminary Staff
Conference
[
Conferences
]) to discuss the challenge within
30 days of the request or as soon as practical. The examinee may accept or
reject the settlement recommendations of the
Commission
[
commission
] staff. If the examinee rejects the proposed agreement, the
examinee must request a formal administrative hearing as described in Subchapter
F of this chapter (relating to Contested Cases) within 30 days of the action
complained of.
§401.23.Examination Waiver Request.
(a) An individual who is required to take a
Commission
[
commission
] examination pursuant to
§439.15
[
§439.13
] of this title (relating to Testing for Proof of Proficiency)
or
§439.17
[
§439.15
] of this title (relating
to Testing for Certification Status) may petition the
Commission
[
commission
] for a waiver of the examination if the person's certificate
or eligibility expired because of a good faith clerical error on the part
of the individual or an employing entity.
(b) (No change.)
(c) Commission staff shall schedule a conference with the applicant
in accordance with §401.41 of this title (relating to Preliminary Staff
Conference
[
Conferences
]) to discuss the waiver request within
30 days of the request or as soon as practical. The applicant may accept or
reject the settlement recommendations of the
Commission
[
commission
] staff. If the examinee rejects the proposed agreement, the
applicant must request a formal administrative hearing as described in Subchapter
F of this chapter (relating to Contested Cases) within 30 days of the action
complained of.
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 April 19, 2007.
TRD-200701495
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
This 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.
Cross reference to statute: Texas Government Code, Chapter 419.
§401.31.Disciplinary Proceedings in Contested Cases.
(a) If the
Commission
[
commission
] staff
recommends administrative penalties or any other sanction pursuant to Chapter
445 of this title (relating to Administrative Inspections and Penalties) or §401.105
of this title, (relating to Administrative Penalties) for alleged violations
of laws or rules administered or enforced by the
Commission
[commission]
and its staff, the respondent may request a preliminary staff conference in
accordance with §401.41
of this title
(relating to Preliminary
Staff Conference).
(b) Commission staff shall schedule a conference with the applicant
in accordance with §401.41 of this title to discuss the alleged violations
of laws or rules within 30 days of the request or as soon as practical. The
respondent may accept or reject the settlement recommendations of the
Commission
[
commission
] staff. If the respondent rejects
the proposed agreement, the respondent must request a formal administrative
hearing as described in Subchapter F of this chapter (relating to Contested
Cases) within 30 days of the notice of the staff's recommended disciplinary
action.
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 April 20, 2007.
TRD-200701499
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
This 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.
Cross reference to statute: Texas Government Code, Chapter 419.
§401.51.Preliminary Notice and Opportunity for Hearing.
(a) - (b) (No change.)
(c) Staff Conference. The holder of the certificate may request
a conference with the
Commission's
[
commission's
] staff
for the purpose of showing compliance with all requirements of law, or to
discuss informal disposition of any complaint or contested case, pursuant
to the Government Code, §419.906(c) and §2001.056, and the procedures
provided in §401.41 of this title (relating to Preliminary Staff
Conference
[
Conferences
]).
(d) (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 April 19, 2007.
TRD-200701496
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
These amendments are proposed under Texas Government Code, §419.008, which provide the TCFP with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, Chapter 419.
§401.101.Conduct and Decorum.
(a) (No change.)
(b) Exclusion or disqualification of party representatives.
(1) - (2) (No change.)
(3) Procedures for excluding or disqualifying a party representative.
(A) - (B) (No change.)
(C) Appeal of exclusion or disqualification. A party or party
representative may appeal the exclusion (if it is for a period of more than
eight hours) or disqualification to the executive director pursuant to §401.47
of this title (relating to
Appeal
[
Appeals
] of
an
Interim
Order
[Orders]).
(D) - (E) (No change.)
§401.103.Discovery Sanctions.
(a) (No change.)
(b) Appellate Review. Any discovery order or subpoena and any
order imposing sanctions issued by the hearings officer is subject to review
by an appeal to the executive director in accordance with
§401.47
[
§401.45
] of this title (relating to Appeal of an Interim Order).
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 April 19, 2007.
TRD-200701497
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §403.5, Access to Criminal History Record Information; §403.9, Mitigating Factors; and §403.15, Report of Convictions by Individual or Department. The purpose of the proposed amendments is to update and correct any discrepancies in the rules, and to eliminate the words ''Commission's volunteer fire fighter certification program''. The Commission no longer has a volunteer fire fighter certification program.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments 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, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
These amendments are proposed under Texas Government Code, §419.008, which provide the Commission with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, Chapter 419.
§403.5.Access to Criminal History Record Information.
(a) - (b) (No change.)
(c) Early review. A fire department that employs a person regulated
by the
Commission
[
commission
], a person seeking to
apply for a beginning position with a fire department, a volunteer fire department
with members participating in the
Commission's
[
commission
volunteer fire fighter
] certification program, or an individual participating
in the
Commission's
[
commission volunteer fire fighter
]
certification program may seek the early review under this chapter of the
person's present fitness to be certified prior to completing the requirements
for certification by requesting such review in writing and providing the person's
full name, birth date, and any additional identifying information requested
by the
Commission
[
commission
]. A decision based on
an early review does not bind the
Commission
[
commission
]
if there is a change in circumstances.
§403.9.Mitigating Factors.
(a) In addition to the factors that must be considered under §403.7
of this title (relating to Criminal
Convictions
[
Conviction
] Guidelines), in determining the present fitness of a person who has
been convicted of a crime, the
Commission
[
commission
]
shall consider the following evidence:
(1) - (6) (No change.)
(b) (No change.)
§403.15.Report of Convictions by Individual or Department.
(a) A certificate holder shall report to the
Commission
[
commission
], any conviction, other than a minor traffic
offense (Class C misdemeanor) under the laws of this state, another state,
the United States, or foreign country, within 14 days of the [
date of
the
] conviction
date.
(b) A fire department or local government regulated by the
Commission
[
commission
] shall report to the
Commission
[
commission
], any conviction
of a certificate holder
employed by the regulated entity
, other than a minor traffic offense
(Class C misdemeanor) under the laws of this state, another state, the United
States, or foreign country, that it has knowledge of, [
of any certificate
holder,
] within 14 days of the [
date of the
] conviction
date.
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 April 19, 2007.
TRD-200701477
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
Subchapter D. CERTIFIED TRAINING FACILITIES
The Texas Commission on Fire Protection (Commission) proposes new §427.413, Liabilities. The purpose of the new section is to require privately owned fire academies to meet the same criteria as other schools that teach developmental career skills for fire personnel.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the new section is in effect there will be no fiscal impact on state or local governments as these requirements apply only to privately owned schools.
Mr. Soteriou has also determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of enforcing the new section, is that students will be protected from the unscrupulous and fiscally unsound practices of some private schools. The economic effect for individual, small and micro business will be the normal cost of obtaining liability insurance and accounting services.
Comments on the proposed new section 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 the proposed new section in the Texas Register.
The new section is proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the Commission with the authority to establish minimum educational, training, physical, and mental standards for appointment as fire protection personnel.
Cross reference statutes: Texas Government Code, §419.008 and §419.022(a)(5).
§427.413.Liabilities.
(a) Curriculum and Testing.
(1) The school shall be able to provide license agreements with the publisher of any curriculum used. The school may not reproduce the curriculum, or any part thereof, without describing the purpose or having the written consent by said publisher.
(2) The school shall be able to provide a valid purchase receipt or license agreement of any published test banks, or any part thereof, used in the evaluation process of any course taught.
(b) Equipment and Facilities.
(1) The school shall be able to provide written agreements for the use of any equipment not owned by the school, but use during the instruction of any student. The agreement shall dictate the terms, liability, fees, and availability of maintenance records of such equipment.
(2) The school shall be able to provide written agreements of the use of any facilities or area, not otherwise public, but used during the instruction of any student. The agreement shall dictate the terms, liability, and fees of such facilities or area.
(c) Insurance Coverage. The school shall be able to provide a general liability policy issued by a company licensed to do business in the State of Texas.
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 April 20, 2007.
TRD-200701498
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes an amendment to §435.21, Fire Service Joint Labor Management Wellness-Fitness Initiative. The purpose of the proposed amendment is to eliminate subsection (e) relating to the effective date in which a fire department may have to put into place a written standard operating procedure made available to the Commission upon inspection.
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 no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, there will be no public benefit anticipated as a result of enforcing the amendment. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment 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, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, Chapter 419.
§435.21.Fire Service Joint Labor Management Wellness-Fitness Initiative.
(a) - (d) (No change.)
[
(e)
The effective date of this
rule is October 1, 2006.]
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 April 19, 2007.
TRD-200701479
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes an amendment to §437.7, Standards Manual and Certification Curriculum Manual Fees. The purpose of the proposed amendment is to update and correct any discrepancies in the rules.
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 no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, there will be no public benefit anticipated as a result of enforcing the amendment. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment 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, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, Chapter 419.
§437.7.Standards Manual and Certification Curriculum Manual Fees.
(a) - (b) (No change.)
(c) The
Commission
[
commission
] does
not provide printed copies of the manuals. A printed copy of the
Commission's
[
commission's
] standards may be obtained from
Thomson
[
the
] West [
Group
], 610 Opperman Drive, Eagan,
MN 55123, (800) 328-9352, by requesting ''Title 37, Public Safety and Corrections''
of the Texas Administrative Code. The web address for
Thomson
West
[
Group
] is
www.thomsonwest.com
[
www.westgroup.com
].
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 April 19, 2007.
TRD-200701480
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §447.1, Minimum Standards for Part-Time Fire Protection Employees; and §447.3, Minimum Standards for Advanced Levels of Part-Time Certification. The purpose of the proposed amendments are to update and correct any discrepancies in the rules and to eliminate the word "Advanced". There are only ''Higher'' levels of certification, not ''Advanced'' levels.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing these amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments 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, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
These amendments are proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
Cross reference to statute: Texas Government Code, Chapter 419.
§447.1.Minimum Standards for Part-Time Fire Protection Employees.
(a) (No change.)
(b) Part-time fire protection employees are subject to the same Commission rules that apply to full-time fire protection personnel.
§447.3.Minimum Standards for Higher [ Advanced ] Levels of Part-Time Certification.
Part-time persons seeking higher levels of certification must
complete the same requirements as full-time fire protection personnel. Years
of experience for part-time fire personnel shall be in calendar years
[
Applicants for advanced levels of part-time certification must complete the
same requirements as fire protection personnel seeking higher levels of certification.
Years of experience for advanced part-time certifications shall be calendar
years].
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 April 19, 2007.
TRD-200701481
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 936-3838