Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4.
COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Subchapter A. REGULATIONS GOVERNING HAZARDOUS MATERIALS
37 TAC §4.1
The Texas Department of Public Safety adopts amendments to §4.1,
concerning Regulations Governing Hazardous Materials, without changes to the
proposed text as published in the March 11, 2005, issue of the
Texas Register
(30 TexReg 1426).
The amendments to the section are necessary in order to ensure that the
Federal Hazardous Material Regulations, incorporated by reference in the section,
reflects all amendments and interpretations issued through April 1, 2005.
A second amendment is necessary in order to delete the requirement of reporting
a hazardous material incident to the department's Motor Carrier Bureau.
On April 11, 2005, the department held a public hearing to receive comment(s)
from all interested person(s) regarding adoption of the amendments. No person(s)
appeared at the public hearing nor were any comment(s) received.
The amendments are adopted pursuant to Texas Government Code, §411.018,
which authorizes the director to adopt all or part of the federal hazardous
materials rules by reference; and Texas Transportation Code, §644.051,
which authorizes the director to adopt all or part of the federal safety regulations
by reference.
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 May 2, 2005.
TRD-200501772
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 22, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 424-2135
37 TAC §§4.11, 4.13 - 4.19
The Texas Department of Public Safety adopts amendments to §4.11
and §§4.13 - 4.19, concerning Regulations Governing Transportation
Safety, without changes to the proposed text as published in the March 11,
2005, issue of the
Texas Register
(30 TexReg
1427).
The amendments to §4.11 are necessary in order to ensure that the
Federal Motor Carrier Safety Regulations, incorporated by reference in the
section, reflects all amendments and interpretations issued through April
1, 2005. An additional amendment to §4.11 reformats subsection (c)(2)
- (7) relating to applicability of regulations.
The amendments to §4.13 are necessary in order to clarify the initial
training and certification requirements for peace officers certified under
this section.
The amendments to §4.14 are necessary in order to clarify what is
required of certain municipalities and counties when an officer's certification
status changes. Further amendment to the section reflects a change being made
to the Memorandum of Understanding process utilized by the department for
municipal and county certification requirements.
The amendments to §4.15 are necessary in order to further clarify
department procedures for assigning motor carrier safety ratings in the Safety
Audit Program and to establish a standard for judicial review of this process.
The amendments to §4.16 are necessary in order to clarify department
procedures for the collection of administrative penalties assessed and the
issuance of impoundment orders.
The amendments to §4.17 are necessary in order to clarify department
procedures for conducting informal hearings, to describe when an administrative
penalty becomes a final agency decision, and to establish a standard for judicial
review of this process.
The amendments to §4.18 are necessary in order to clarify how an out-of-service
order issued under this subchapter becomes a final agency decision, and to
establish a standard for judicial review of this process.
The amendments to §4.19 are necessary in order to make this section
consistent with the associated statute, Texas Transportation Code, §643.252.
On April 11, 2005, the department held a public hearing to receive comment(s)
from all interested person(s) regarding adoption of the amendments. No person(s)
appeared at the public hearing nor were any comment(s) received.
The amendments are adopted pursuant to Texas Transportation Code, §644.051,
which authorizes the director to adopt rules regulating the safe transportation
of hazardous materials and the safe operation of commercial motor vehicles;
and authorizes the director to adopt all or part of the federal safety regulations
by reference.
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 May 2, 2005.
TRD-200501773
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 22, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 424-2135
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.7
The Texas Commission on Fire Protection (TCFP) adopts the
repeal of §421.7, concerning recognition of previous volunteer training,
in Chapter 421, entitled Standards for Certification. The repeal is adopted
without changes to the proposal as published in the March 18, 2005, issue
of the
Texas Register
(30 TexReg 1603).
The purpose of the proposed repeal is to delete an obsolete rule addressing
a situation that no longer exists. In 1997, a statutory change conformed the
volunteer fire fighter program to be consistent with the paid fire fighter
program. The repealed rule relates to training obtained prior to 1992 under
the previous volunteer program. This rule is no longer applicable and is being
deleted.
No comments were received regarding the proposed repeal.
The repeal 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, §419.029, which
provides the TCFP with the authority to establish minimum curriculum requirements
for training facilities.
Texas Government Code, §419.008 and §419.029, are affected by
this rulemaking.
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 May 6, 2005.
TRD-200501825
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) adopts amendments to §423.203
and §423.303, concerning minimum standards for basic aircraft rescue
fire fighting personnel certification and basic marine fire protection personnel
certification, in Chapter 423, entitled Fire Suppression. The amendments are
adopted with changes to the proposed text published in the March 18, 2005,
issue of the
Texas Register
(30 TexReg 1604).
The change is non-substantive and consists of changing the references to the
Texas Department of Health to the State Department of Health Services to reflect
that agency's name change.
The purpose of the adopted amendments is to delete obsolete and redundant
language referencing hours of instruction requirements for out-of-state or
military training programs submitted to the commission to determine equivalency
for certification.
The amendments are adopted in conjunction with similar amendments to Chapters
421, 427, 429, 431, 433, 439, and 453 of this title, which are published concurrently
in this issue of the
Texas Register
. These
amendments remove the references to required hours of instruction in the text
of the affected rules. The intent of this change is to move towards an emphasis
on competency-based outcomes, measured by physical skills evaluation and written
testing, rather than reliance on a specific number of hours of instruction,
to assure student competency at the completion of fire fighter training. Upon
adoption of these rules, equivalency of hours will no longer be relevant as
a specified number of hours will no longer be required.
No comments were received regarding the proposed amendments.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL
37 TAC §423.203
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
§423.203.Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification.
(a)
In order to obtain basic aircraft rescue fire fighting
personnel certification the individual must:
(1)
hold basic structure fire protection personnel certification;
and
(2)
possess valid documentation of accreditation from the International
Fire Service Accreditation Congress as an Airport Fire Fighter; or
(3)
complete a commission approved aircraft rescue fire suppression
training program and successfully pass the commission examination as specified
in Chapter 439 of this title (relating to Examinations for Certification).
An approved aircraft rescue fire suppression training program shall consist
of one of the following:
(A)
a commission approved Basic Aircraft Rescue Fire Suppression
curriculum as specified in Chapter 2 of the commission’s Certification
Curriculum Manual. This course must be taught by a training facility that
has been certified by the commission as provided in Chapter 427 of this title
(relating to Training Facility Certification); or
(B)
an out-of-state training program that has been submitted
to the commission for evaluation and found to be equivalent to or to exceed
the commission approved basic aircraft rescue fire suppression curriculum;
or
(C)
a military training program that has been submitted to
the commission for evaluation and found to be equivalent to or to exceed the
commission approved basic aircraft rescue fire suppression curriculum;
(b)
A person who holds or is eligible to hold a certificate
upon employment as a part-time aircraft rescue firefighter may be certified
as an aircraft rescue fire fighting personnel, of the same level of certification,
without meeting the applicable examination requirements.
(c)
If a person holds a current certification as a part-time
aircraft rescue firefighter, the Department of State Health Services emergency
care attendant certification may be satisfied by documentation of equivalent
training or certification in lieu of current certification by the Department
of State Health Services.
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 May 6, 2005.
TRD-200501826
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
37 TAC §423.303
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
§423.303.Minimum Standards for Basic Marine Fire Protection Personnel Certification.
(a)
In order to obtain basic Marine Fire Protection Personnel
certification the individual must:
(1)
hold basic structure fire protection personnel certification:
(2)
complete a training program specific to marine fire protection
consisting of one of the following:
(A)
complete the commission approved Basic Marine Fire Protection
Curriculum as specified in Chapter 3, of the commission’s Certification
Curriculum Manual, as approved by the commission in accordance with Chapter
443 of this title (relating to Certification Curriculum Manual). The commission
approved marine fire protection curriculum must be taught by a training facility
that has been certified by the commission as provided in Chapter 427 of this
title (relating to Training Facility Certification); or
(B)
an out-of-state training that has been submitted to the
commission for evaluation and found to be equivalent to or exceed the commission
approved Basic Marine Fire Protection Curriculum; or
(C)
a military training program that has been submitted to
the commission for evaluation and found to be equivalent to the commission
approved Basic Marine Fire Protection Curriculum.
(3)
successfully pass the commission examination as specified
in Chapter 439 of this title (relating to Examinations for Certification)
prior to assignment.
(b)
A person who holds or is eligible to hold a certificate
upon employment as a part-time marine fire protection personnel may be certified
as a marine fire protection personnel, of the same level of certification,
without meeting the applicable examination requirements.
(c)
If a person holds a current certification as a part-time
marine fire protection personnel, the Department of State Health Services
emergency care attendant certification may be satisfied by documentation of
equivalent training or certification in lieu of current certification by the
Department of State Health Services.
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 May 6, 2005.
TRD-200501827
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) adopts amendments to §§427.1,
427.3, 427.5, 427.9, 427.11, 427.15, 427.17, 427.19, 427.201, 427.203, 427.205,
427.207, and 427.209, and a new §427.18, concerning requirements for
on-site training providers, including a new rule regarding live fire training
evolutions, and requirements for distance training providers, in Chapter 427,
entitled Training Facility Certification. The amendments and new rule are
adopted without changes to the proposed text published in the March 18, 2005,
issue of the
Texas Register
(30 TexReg 1609).
The purpose of the adopted amendments and new rule is to align TCFP rules
with National Fire Protection Association Standard 1403 regarding requirements
for certified training facilities conducting fire protection personnel training
in the state.
The amendment to §427.1, Minimum Standards for Certified Training
Facilities for Fire Protection Personnel: adds requirements that facilities
include standard operating procedures and qualified instructors; requires
that letters of commitment be maintained on-site and be available for review;
provides that approved courses are subject to audit; requires reporting of
deviations from approved course schedule or content; and places additional
duties upon the academy coordinator. The amendment to §427.3, Facilities:
makes grammatical changes for clarity; adds requirements for an effective
learning environment; and deletes references to other provisions and standards.
The amendment to §427.5, Apparatus, adds the words "certification
training" for clarification, and adds a requirement for facilities approved
for hazardous materials technician certification training. The amendment to §427.9,
Equipment, adds requirements for use of self-contained breathing apparatus.
The amendment to §427.11, Reference Material, requires that the reference
library be readily and easily accessible to students and instructors. The
amendment to §427.15, Testing Procedures, changes "subchapter" to "title"
to reflect the proper citation, changes "required" to "recommended" with regard
to hours of training, and requires that a passing score of 70 percent must
be achieved on the comprehensive final. The amendment to §427.17, Staff,
clarifies that the requirements in subsection (f) apply to coordinators or
instructors who do not meet the requirements of subsections (b) or (d).
New §427.18, Live Fire Training Evolutions, provides requirements
for all live fire training evolutions conducted during basic certification
training of fire protection personnel.
The amendment to §427.19, General Information, clarifies which changes
in status require notification, and provides that a certification of a training
facility may be revoked, suspended, or probated if the facility fails to meet
at least a 70 percent student pass rate on the state certification exam per
course.
The amendment to §427.201, Minimum Standards for Distance Training
Provider: requires that distance training (internet or intranet) include some
level of interactivity; requires that approved courses are subject to audit;
requires reporting of deviations from the approved course schedule or content;
places additional duties upon the academy coordinator; and provides that distance
training facilities comply with Subchapter A of Chapter 427.
The amendment to §427.203, Records, is a clerical correction. The
amendment to §427.205, Testing Procedures, changes "required" to "recommended"
with regard to hours of training, and requires that a passing score of 70
percent must be achieved on the comprehensive final. The amendment to §427.207,
Staff, clarifies that the requirements in subsection (f) apply to coordinators
or instructors who do not meet the requirements of subsections (b) or (d).
The amendment to §427.209, General Information, provides that a certification
of a training facility may be revoked, suspended, or probated if the facility
fails to meet at least a 70 percent student pass rate on the state certification
exam per course.
No comments were received regarding the proposed amendments and new rule.
The TCFP has determined these amendments and the new rule to be in compliance
with Texas Government Code, §419.022(b).
Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER
37 TAC §§427.1, 427.3, 427.5, 427.9, 427.11, 427.15, 427.17 - 427.19
The amendments and new rule are 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; Texas Government Code, §419.022,
which provides the TCFP with authority to establish minimum educational, training,
physical, and mental standards; and Texas Government Code, §419.029,
which provides the TCFP with the authority to establish minimum curriculum
requirements for training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501828
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
37 TAC §§427.201, 427.203, 427.205, 427.207, 427.209
The amendments are 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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501829
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) adopts amendments to §429.3
and §429.203, concerning minimum standards for basic fire inspector certification
and minimum standards for basic fire inspector certification (new track),
in Chapter 429, entitled Minimum Standards for Fire Inspectors. The amendments
are adopted without changes to the proposed text published in the March 18,
2005, issue of the
Texas Register
(30 TexReg
1613).
The purpose of the amendments is to reflect the move on the part of the
TCFP from requirements of specific hours of instruction to competency-based
outcomes, and to clarify course requirements.
The amendments to §429.3 and §429.203 delete obsolete language
referencing hours of instruction requirements for training programs. The amendment
to §429.3 changes the training program requirement beyond the basic course
and Fire Inspection Principles I from any combination of five courses (specifically
- Fire Prevention Specialist II; Plans Review for Inspectors; Code Management:
A Systems Approach; Management of Fire Prevention Programs; and Strategic
Analysis of Fire Prevention Programs) to a requirement that two of the courses
must be completed.
The amendments are adopted in conjunction with similar amendments to Chapters
421, 423, 427, 431, 433, 439, and 453 of this title, which are published concurrently
in this issue of the
Texas Register
. These
amendments remove the references to required hours of instruction in the text
of the affected rules. The intent of this change is to move towards an emphasis
on competency-based outcomes, measured by physical skills evaluation and written
testing, rather than reliance on a specific number of hours of instruction,
to assure student competency at the completion of fire fighter training.
No comments were received regarding the proposed amendments.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
Subchapter A. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION BASED ON REQUIREMENTS IN EFFECT PRIOR TO JANUARY 1, 2005
37 TAC §429.3
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501830
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
37 TAC §429.203
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501831
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) adopts amendments to §§431.3,
431.5, 431.7, and 431.203, concerning minimum standards for arson investigator
certification and minimum standards for fire investigator certification, in
Chapter 431, entitled Fire Investigation. The amendments are adopted without
changes to the proposed text published in the March 18, 2005, issue of the
The purpose of the adopted amendments is to reflect the move on the part
of TCFP away from requirements of specific hours of instruction to competency-based
outcomes, to clarify course requirements, and to correct clerical errors.
The amendments to §431.3 and §431.203 delete language referencing
hours of instruction requirements for training programs; and change the training
program requirement beyond the basic course and Fire Inspection Principles
I from any combination of five courses (specifically - Fire Prevention Specialist
II; Plans Review for Inspectors; Code Management: A Systems Approach; Management
of Fire Prevention Programs; and Strategic Analysis of Fire Prevention Programs)
to a requirement that two of the courses must be completed.
The amendments to §431.3 and §431.203 are adopted in conjunction
with similar amendments to Chapters 421, 423, 427, 429, 433, 439, and 453
of this title, which are published concurrently in this issue of the
The amendments to §431.5 and §431.7 correct the same clerical
error in each rule - the reference to subsection (d) is corrected to subsection
(c), and are not connected with the group of amendments to rules listed in
the previous paragraph.
No comments were received regarding the proposed amendments.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §§431.3, 431.5, 431.7
The amendments are 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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501832
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
37 TAC §431.203
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501833
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
37 TAC §433.3
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §433.3, concerning minimum standards for driver/operator-pumper
certification, in Chapter 433, entitled Minimum Standards for Driver/Operator-Pumper.
The amendment is adopted without changes to the proposed text published in
the March 18, 2005, issue of the
Texas Register
(30
TexReg 1616). The purpose of the amendment is to delete obsolete language
referencing hours of instruction requirements for training programs.
The amendment to §433.3 is adopted in conjunction with similar amendments
to Chapters 421, 423, 427, 429, 431, 439, and 453, which are published concurrently
in this issue of the
Texas Register
. These
amendments remove the references to required hours of instruction in the text
of the affected rules. The intent of this change is to move towards an emphasis
on competency-based outcomes, measured by physical skills evaluation and written
testing, rather than reliance on a specific number of hours of instruction,
to assure student competency at the completion of fire fighter training.
No comments were received regarding the proposed amendment.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501834
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §§439.5, 439.15, 439.17
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §§439.5, 439.15, and 439.17, concerning procedures for conducting
written and/or performance examinations, testing for certification status,
and the number of test questions, in Chapter 439, entitled Examinations for
Certification. The amendments are adopted without changes to the proposed
text published in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1616).
The purpose of the amendments is to reflect the move on the part of TCFP
from requirements of specific hours of instruction to competency-based outcomes,
and to make minor changes in terminology.
The amendments to §439.5 and §439.17 are adopted in conjunction
with similar amendments to Chapters 421, 427, 429, 431, 433, and 453, which
are published concurrently in this issue of the
Texas Register
. These amendments remove the references to required
hours of instruction in the text of the affected rules. The intent of this
change is to move towards an emphasis on competency-based outcomes, measured
by physical skills evaluation and written testing, rather than reliance on
a specific number of hours of instruction, to assure student competency at
the completion of fire fighter training. The amendment to §439.15 replaces
the word "assignment" with the word "appointment" to provide consistency with
other rule provisions.
No comments were received regarding the proposed amendments.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
The amendments are 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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501835
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
37 TAC §441.5
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §441.5, concerning general continuing education requirements,
in Chapter 441, entitled Continuing Education. The amendment is adopted without
changes to the proposed text published in the March 18, 2005, issue of the
The adopted amendment expands the rule language regarding exemptions to
continuing education requirements by adding documented activation to military
service to the conditions under which an exemption might be granted. This
additional condition applies to members of a paid or volunteer fire department
who are on an extended leave for six months or longer, as well as those persons
who are not members of a paid or volunteer fire department who are unable
to perform work substantially similar in nature to the work performed by fire
protection personnel appointed to that discipline.
No comments were received regarding the proposed amendment.
The TCFP has determined the amendment to be in compliance with Texas Government
Code, §419.022(b).
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.032(b), which provides
the TCFP with the authority to establish minimum qualifications relating to
continuing education programs and other matters that relate to the competence
and reliability of persons to assume and discharge the responsibilities of
fire protection personnel, and to prescribe the means of presenting evidence
of fulfillment of those qualifications.
Texas Government Code, §§419.008, 419.022, and 419.032(b) are
affected by this rulemaking.
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 May 6, 2005.
TRD-200501836
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II
37 TAC §451.203
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §451.203, concerning minimum standards for Fire Officer
II certification, in Chapter 451, entitled Fire Officer. The amendment is
adopted without changes to the proposed text published in the March 18, 2005,
issue of the
Texas Register
(30 TexReg 1618).
The purpose of the amendment is to provide consistency with certain limitations
on the certification of Associate Instructors.
The adopted amendment deletes the Associate Fire Instructor Certification
as one of the options that an individual may hold to meet the instructor requirements
to be certified as a Fire Officer II. The Associate Instructor Certification
is for non fire service personnel. To be certified as a Fire Officer II an
individual must hold a basic certification in structural, marine or aircraft
rescue fire fighting. Individuals who meet those requirements do not qualify
for Associate Instructor.
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, §419.032(b), which
provides the TCFP with the authority to establish minimum qualifications relating
to certification.
Texas Government Code, §419.008 and §419.032(b) are affected
by this rulemaking.
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 May 6, 2005.
TRD-200501837
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 26, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 239-4921
Subchapter B. REGULATIONS GOVERNING TRANSPORTATION SAFETY
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 423.
FIRE SUPPRESSION
Subchapter C. MINIMUM STANDARDS FOR MARINE FIRE PROTECTION PERSONNEL
Chapter 427.
TRAINING FACILITY CERTIFICATION
Subchapter B. DISTANCE TRAINING PROVIDER
Chapter 429.
MINIMUM STANDARDS FOR FIRE INSPECTORS
Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION
Chapter 431.
FIRE INVESTIGATION
Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION
Chapter 433.
MINIMUM STANDARDS FOR DRIVER/OPERATOR-PUMPER
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
Chapter 441.
CONTINUING EDUCATION
Chapter 451.
FIRE OFFICER
Chapter 453.
MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN