TITLE public-safety-and-corrections

Part XI. Texas Juvenile Probation Commission

Chapter 344. Standards for Juvenile Post-Adjudication Secure Correctional Facilities

37 TAC §344.16

The Texas Juvenile Probation Commission adopts amended §344.16, concerning physical training programs in secure juvenile post-adjudication correctional facilities. Section 344.16 is adopted without changes to the proposed text as published in the March 26, 1999, issue of the Texas Register (24 TexReg 2288) and will not be republished.

TJPC adopts this amendment in an effort to ensure that juveniles are physically capable of participating in strenuous physical exercise before being placed in certain programs.

The amended rule will function primarily by clarifying the requirements which must be met prior to placing a juvenile in a physical training program.

No public comments were received on the proposed amendment.

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules which provide minimum standards for juvenile boards.

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 19, 1999.

TRD-9904355

Steve Bonnell

Deputy Executive Director

Texas Juvenile Probation Commission

Effective date: August 8, 1999

Proposal publication date: March 26, 1999

For further information, please call: (512) 424-6681


Part XIII. Texas Commission on Fire Protection

Chapter 423. Fire Suppression

Subchapter A. Minimum Standards for Structure Fire Protection Personnel Certification

37 TAC §423.3

The Texas Commission on Fire Protection adopts amendments to §423.3, concerning minimum standards for basic structure fire protection personnel certification, without changes to the text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4204).

The justification for this change is that training and certification of volunteer fire protection personnel will be encouraged by segmenting the basic fire suppression curriculum into Firefighter I and Firefighter II.

The amendments to §423.3 change the reference from "examination" (singular) to "examinations" (plural) to allow for testing of Firefighter I and II separately, and change the phases from four phases to five phases. Firefighter I includes phases one through four and Firefighter II includes phase five.

There were no comments received on the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; Texas Government Code, §419.022, which provides the commission with authority to establish minimum training standards for fire protection personnel positions; and Texas Government Code, §419.032, which provides the commission with authority to establish standards for employment as fire protection personnel.

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 21, 1999.

TRD-9904394

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: January 1, 2000

Proposal publication date: June 4, 1999

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


Chapter 427. Certified Training Facilities

37 TAC §§427.1, 427.3, 427.5, 427.15

The Texas Commission on Fire Protection adopts amendments to §§427.1, 427.3, 427.5, and 427.15, concerning certified training facilities, without changes to the text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4205).

The justification for this change is a standardization of training for driver/operator - pumper resulting in safer and better trained fire apparatus drivers.

The amendments incorporate changes necessary to implement the new voluntary certification for driver/operator - pumper.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, §419.028, which provides the commission with authority to certify facilities operated for training fire protection personnel or recruits.

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 21, 1999.

TRD-9904395

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: January 1, 2000

Proposal publication date: June 4, 1999

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


Chapter 439. Examinations for Certification

37 TAC §§439.3, 439.5, 439.7, 439.11, 439.13, 439.15

The Texas Commission on Fire Protection adopts amendments to §§439.3, 439.5, 439.7, 439.11, 439.13, and 439.15, concerning examinations for certification, without changes to the text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4207).

The justification for this section is that training and certification of volunteer fire protection personnel will be encouraged by segmenting the basic fire suppression curriculum into Firefighter I and Firefighter II.

The amendments provide for testing of training for Firefighter I and II separately or combined, and make technical changes to correct cross references and clarify testing requirements.

There were no comments received on the proposed amendments.

The amendment is adopted under Texas Government Code, §419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, §419.032, concerning basic certification examinations.

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 21, 1999.

TRD-9904396

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: January 1, 2000

Proposal publication date: June 4, 1999

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


Chapter 449. Head of a Fire Department

37 TAC §449.1

The Texas Commission on Fire Protection adopts the repeal of §449.1, concerning head of a fire department, without changes to the text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4209).

The justification for this repeal is that individuals and fire departments will have a clearer understanding of the requirements for certification as head of a fire department as well as the activities authorized by the certificate.

The repealed section is being replaced by new sections dealing with the same subject matter.

There were no comments received on the proposed repeal.

The repeal is adopted under Texas Government Code, §419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, §419.032(f), which provides that the commission shall adopt rules for the purpose of this subsection relating to the appointment of a person to the position of head of the fire department.

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 21, 1999.

TRD-9904397

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: August 10, 1999

Proposal publication date: June 4, 1999

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


37 TAC §§449.1, 449.3, 449.5

The Texas Commission on Fire Protection adopts new §§449.1, 449.3, and 449.5, concerning head of a fire department, without changes to the text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4210).

The justification for this section is that individuals and fire departments will have a clearer understanding of the requirements for certification as head of a fire department as well as the activities authorized by the certificate.

The new sections replace repealed sections dealing with the same subject matter. The new sections clarify the requirement for certification as head of a fire department for appointments made after March 1, 1999, and include an explicit assignment requirement for certification, and specifying the duties authorized by the certification. Finally, the new sections established specialized certifications for head of a fire department providing fire suppression and departments providing fire prevention services.

There were no comments received on the proposed new sections.

The new sections are adopted under Texas Government Code, §419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, §419.032(f), which provides that the commission shall adopt rules for the purpose of this subsection relating to the appointment of a person to the position of head of the fire department.

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 21, 1999.

TRD-9904399

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: August 10, 1999

Proposal publication date: June 4, 1999

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


Chapter 453. Minimum Standards for Hazardous Materials Technician

37 TAC §§453.1, 453.3, 453.5

The Texas Commission on Fire Protection adopts amendments to §§453.1, 453.3, and 453.5, concerning minimum standards for hazardous materials technician, without changes to the text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4211).

The justification for this section is that testing requirements for hazardous material technician will be consistent with other disciplines and individuals will have additional time for study for a second attempt on the certification examination.

The change to §453.1 deletes unnecessary language concerning who may seek Hazardous Material Technician Certification. The amendment to §454.3 clarifies that certification as structure fire protection personnel, aircraft fire rescue fire fighting personnel, or marine fire protection personnel is a prerequisite for the hazardous material technician certification. The amendment to §453.5 deletes a requirement of testing within 180 days of course completion to make the requirement consistent with other disciplines.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, §419.022, which provides the commission with authority to establish minimum educational and training standards for specialized fire protection personnel positions.

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 21, 1999.

TRD-9904398

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: August 10, 1999

Proposal publication date: June 4, 1999

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