Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.3
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §421.3, concerning minimum standards set by the TCFP, in
Chapter 421, entitled Standards for Certification. The amendment is adopted
without changes to the proposed text published in the March 10, 2006, issue
of the
Texas Register
(31 TexReg 1623) and
will not be republished. The adopted amendment adds functional position descriptions
for Fire Service Instructor I, II, and III, which had not previously existed
in §421.3.
The TCFP has determined the amendment to be in compliance with Texas Government
Code, §419.022(b).
No comments were received from the public 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, which
provides the TCFP with the authority to prescribe the means of presenting
evidence of the fulfillment of the qualifications for appointment as fire
protection personnel.
Cross reference to statute: Texas Government Code, §419.008 and §419.032.
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 1, 2006.
TRD-200602416
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 21, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 936-3821
37 TAC §425.13
The Texas Commission on Fire Protection (TCFP) adopts new §425.13,
concerning individuals serving as coordinators prior to March 1, 2006, in
Chapter 425, entitled Fire Service Instructors. The new rule is adopted without
changes to the proposed text published in the March 10, 2006, issue of the
The adopted new rule provides that for one year only from March 1, 2006,
individuals who possess a Fire Service Instructor II certification will be
eligible to be certified for Fire Service Instructor III after meeting certain
requirements. The individual must submit an application for certification
to the commission and provide documentation from the head of a fire department
or other organization that the individual: 1) has been assigned or is currently
assigned as a chief training officer or coordinator of record; and 2) has
demonstrated the minimum job performance requirements of National Fire Protection
Association (NFPA) Standards 1041, entitled
Standard
for Fire Service Instructor Professional Qualifications
.
The TCFP has determined this new rule to be in compliance with Texas Government
Code §419.022(b).
No comments were received from the public regarding the proposed new rule.
The new rule 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, §419.028(3), which provides
the TCFP with the authority to certify persons as qualified fire protection
personnel instructors under conditions which the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 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 1, 2006.
TRD-200602417
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 21, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 936-3821
The Texas Commission on Fire Protection (TCFP) adopts amendments to §431.11
and §431.201, concerning minimum standards for arson investigator certification
and fire investigator certification, in Chapter 431, entitled Fire Investigation.
The amendments are adopted without changes to the proposed text published
in the March 10, 2006, issue of the
Texas Register
(31 TexReg 1625), and will not be republished. The purpose of the
adopted amendments is to remedy a problem which currently exists in which
individuals who hold certification as arson investigators would lose their
arson investigator certification if their commission as a peace officer is
no longer sponsored by a legal jurisdiction. The adopted amendments will remove,
for these individuals, the necessity of going through fire investigator training
and testing again, as it is essentially the same training and testing they
had already successfully completed to become an arson investigator.
The adopted amendment to §431.11, Minimum Standards for Arson Investigator
Certification for Law Enforcement Personnel, adds a provision that commission-certified
fire investigators will qualify for similar-level arson investigator certification
if they are a law enforcement officer employed or commissioned by a law enforcement
agency as a peace officer, and if they are designated as an arson investigator
by an appropriate local authority.
The adopted amendment to §431.201, Minimum Standards for Fire Investigation
Personnel, changes the procedure by which individuals who have previously
held arson investigator certification, but no longer hold a current commission
as a peace officer, would be able to qualify for fire investigator certification
of a similar level. As the rule is currently written, such an individual would
have to submit an application for certification form and fee. The adopted
change will automatically identify such an individual as a fire investigator
in the commission's database, and only require the application form and fee
if the individual wished to obtain a printed certificate.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
No comments were received from the public regarding the proposed amendments.
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §431.11
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,§419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards.
Texas Government Code, §419.008 and §419.022 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 1, 2006.
TRD-200602418
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 21, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 936-3821
37 TAC §431.201
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; and Texas Government Code, §419.022, which
provides the TCFP with authority to establish minimum educational, training,
physical, and mental standards.
Texas Government Code, §419.008 and §419.022 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 1, 2006.
TRD-200602419
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 21, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 936-3821
37 TAC §§437.1, 437.3, 437.5, 437.7, 437.11, 437.13
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §§437.1, 437.3, 437.5, 437.7, 437.11, and 437.13, in Chapter
437, entitled Fees. The amendments are adopted without changes to the proposed
text published in the March 10, 2006, issue of the
Texas Register
(31 TexReg 1626) and will not be republished. The purpose
of the adopted amendments is to simplify and clarify fee submission procedures
and to provide a penalty to be assessed for paying fees with a check that
is returned for insufficient funds.
The adopted amendment to §437.1 adds a provision that fees submitted
in the form of a check that is returned for insufficient funds will invalidate
the certification, seal or test for which the fees were collected.
The adopted amendments to §§437.3, 437.5, 437.7, 437.11, and
437.13 remove the requirement that fees submitted for different purposes (certifications,
renewals, purchasing a manual, copying fees, etc.) not be combined when submitted.
The amendments will allow fees to be combined into a single payment.
In addition to the deleted provision referred to in the previous paragraph,
the adopted amendment to §437.13 also clarifies in subsection (a) that
the non-refundable fee of $15 charged for examinations administered by the
commission is a processing fee; and adds performance skill examinations to
those examinations for which the processing fee shall be charged. These changes
in subsection (a) make subsection (c) obsolete, and it is being deleted.
The TCFP has determined the amendments to be in compliance with Texas Government
Code, §419.022(b) and §419.026(a).
No comments were received from the public on the proposed amendments.
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; and Texas Government Code, §419.026, which
provides the TCFP with authority to set and collect a fee of not more than
$35 for each certificate that the TCFP issues or renews.
Texas Government Code, §419.008 and §419.026 are affected by
this rulemaking.
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 1, 2006.
TRD-200602420
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 21, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 936-3821
Chapter 425.
FIRE SERVICE INSTRUCTORS
Chapter 431.
FIRE INVESTIGATION
Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION
Chapter 437.
FEES
Chapter 441.
CONTINUING EDUCATION