Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 461.
GENERAL ADMINISTRATION
37 TAC §461.4
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §461.4, concerning definitions for the commission’s
Fire Department Emergency Funding Program, in Chapter 461, entitled General
Administration. The amendment is proposed in conjunction with proposed amendments
to §§463.1, 463.3, 463.4, and 465.1, published concurrently in this
issue of the
Texas Register
.
The purpose of this group of proposed amendments is to bring the commission’s
rules into alignment with legislation passed during the 79th Legislative Session
requiring applicants for program funds to participate in the Texas Fire Incident
Reporting System (TEXFIRS) and the National Incident Management System (NIMS).
NIMS, along with the National Response Plan (NRP) specifies how the resources
of the federal government will work in concert with state, local, and tribal
governments and the private sector to respond to incidents of national significance,
providing a nationwide template for working together to prevent, respond to,
minimize the damage, and recover from terrorist attacks, major disasters,
and other emergencies.
The amendment to §461.4 clarifies to which chapters the definitions
apply, updates the name of a commission division, adds a definition for NIMS,
and renumbers other definitions.
Ana Munoz, Director of the Support Services Division, has determined that
for the first five year period the proposed amendment is in effect there will
be no significant fiscal impact on state or local governments.
Ms. Munoz 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 that entities providing fire suppression
services in the state will be providing important fire cause and response
data to the state incident reporting system. Adopting and using the National
Incident Management System will ensure a more coordinated and efficient response
to domestic emergencies. There are no additional costs of compliance for small
or large businesses or individuals that are required to comply with the proposed
amendment.
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; Texas Government Code, §419.053, which provides
the TCFP with the authority to adopt rules to administer the Fire Department
Emergency Program; and Texas Government Code, §419.063, which provides
the TCFP with the authority to limit the awarding of scholarships, grants,
loans, and other financial assistance according to statutorily mandated criteria.
Texas Government Code, §§419.008, 419.053, and 419.063 are affected
by this rulemaking.
§461.4.Definitions.
The following words and terms, when used in
Chapters 461, 463,
and 465 of this title
[
(1)
(No change.)
(2)
Commission ID number--The identification number assigned
to fire departments by the Standards and
Certification
[
(3) - (6)
(No change.)
(7)
National Fire Academy--The federally funded training
facility in Emmitsburg, Maryland.
[
(8)
NFPA--The National Fire Protection Association.
[
(9)
NIMS--National Incident Management
System--a management system for all government, private sector and non government
organizations to work together during domestic incidents.
(10)
[
(11)
[
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 August 11, 2005.
TRD-200503341
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 25, 2005
For further information, please call: (512) 239-4921
37 TAC §§463.1, 463.3, 463.4
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §§463.1, 463.3, and 463.4, concerning the application process,
application form, and competitive needs criteria for the commission’s
Fire Department Emergency Funding Program, in Chapter 463, entitled Application
Criteria. The amendments are proposed in conjunction with proposed amendments
to §461.4 and §465.1, published concurrently in this issue of the
The purpose of the amendments is to bring the commission’s rules
into alignment with legislation passed during the 79th Legislative Session
requiring applicants for program funds to participate in the Texas Fire Incident
Reporting System (TEXFIRS) and the National Incident Management System (NIMS).
NIMS, along with the National Response Plan (NRP) specifies how the resources
of the federal government will work in concert with state, local, and tribal
governments and the private sector to respond to incidents of national significance,
providing a nationwide template for working together to prevent, respond to,
minimize the damage, and recover from terrorist attacks, major disasters,
and other emergencies.
The amendment to §463.1, Application Process, deletes the requirement
that each application be verified under oath by the applicant. The amendment
to §463.3, Application Form, adds NIMS participation to the list of information
collected from every applicant to identify their organization, and to compile
comparative selection criteria and loan eligibility criteria. The amendment
to §463.4, Competitive Needs Criteria, adds language in subparagraph
(a)(5) to reflect the new statutory mandate in Texas Government Code, §419.063(d),
that an applicant must routinely and consistently report incidents to the
Texas Fire Incident Reporting System and participate in NIMS in accordance
with the Federal Emergency Management Agency (FEMA) timeline; and that an
applicant shall furnish sufficient proof of the required reporting when an
application for financial assistance is submitted.
Ana Munoz, Director of the Support Services Division, has determined that
for the first five year period the proposed amendments are in effect there
will be no significant fiscal impact on state or local governments.
Ms. Munoz has also determined that for each of the first five years the
proposed amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be that entities providing fire suppression
services in the state will be providing important fire cause and response
data to the state incident reporting system. Adopting and using the National
Incident Management System will ensure a more coordinated and efficient response
to domestic emergencies. There are no additional costs of compliance for small
or large businesses or individuals that are required to comply with the proposed
amendments.
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 these proposals in the
Texas Register
.
The amendments are 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; Texas Government Code, §419.053, which provides
the TCFP with the authority to adopt rules to administer the Fire Department
Emergency Program; and Texas Government Code, §419.063, which provides
the TCFP with the authority to limit the awarding of scholarships, grants,
loans, and other financial assistance according to statutorily mandated criteria.
Texas Government Code, §§419.008, 419.053, and 419.063 are affected
by this rulemaking.
§463.1.Application Process.
(a) - (d)
(No change.)
(e)
Each application required by these regulations shall be
submitted as a single package (no copies required). [
(f) - (h)
(No change.)
§463.3.Application Form.
(a)
In addition to statutory requirements, the following information
will be collected from every applicant to identify the organization and to
compile comparative selection criteria established in §463.4 of this
title (relating to Competitive Needs Criteria) and loan eligibility in §463.5
of this title (relating to Criteria for Eligibility for Loans):
(1) - (26)
(No change.)
(27)
mutual aid activity
;
[
(28)
NIMS participation.
(b)
(No change.)
§463.4.Competitive Needs Criteria.
(a)
All applications must meet the following minimum standards.
(1) - (4)
(No change.)
(5)
Applicants must
routinely and consistently
report
incidents to
[
(6)
(No change.)
(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 August 11, 2005.
TRD-200503342
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 25, 2005
For further information, please call: (512) 239-4921
this part
], shall have the following
meanings, unless the context clearly indicates otherwise.
Education
] Division of the Commission on Fire Protection.
NFPA--The National Fire Protection
Association.
]
National Fire Academy--The federally funded training facility in Emmitsburg,
Maryland.
]
(9)
] TEXFIRS--The Texas Fire Incident
Reporting System administered by the Texas Department of Insurance.
(10)
] UL--The Underwriters Laboratory.
Chapter 463.
APPLICATION CRITERIA
Each application
shall be verified under oath by the applicant.
]
.
]
through
] the TEXFIRS system, [
or agree
to report if awarded funding assistance.
]
and adopt and utilize
NIMS in accordance with the FEMA timeline. The applicant shall furnish sufficient
proof of the required reporting to the commission at the time the application
is submitted.
Chapter 465.
EQUIPMENT, FACILITIES, AND TRAINING STANDARDS