Part 13. TEXAS COMMISSION ON FIRE PROTECTION
Chapter 403. CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION
The Texas Commission on Fire Protection (the Commission) adopts amendments to §403.5, Access to Criminal History Record Information; §403.9, Mitigating Factors and §403.15, Report of Criminal History Convictions by an Individual or a Department. These amendments are adopted with changes to the proposed text published in the May 4, 2007, issue of the Texas Register (32 TexReg 2458) and will be republished.
These amendments are being made for the purpose of clarification, grammatical and punctuation corrections and to capitalize the letter "c" in the word "commission" when referring to the Texas Commission on Fire Protection.
No comments were received from the public regarding the proposed amendments.
These amendments are adopted under §419.022(b) of the Texas Government Code.
§403.5.Access to Criminal History Record Information.
(a) Criminal history record. The Commission is entitled to obtain criminal history record information maintained by the Department of Public Safety, or another law enforcement agency to investigate the eligibility of a person applying to the Commission for or holding a certificate.
(b) Confidentiality of information. All information received under this section is confidential and may not be released to any person outside the agency except in the following instances:
(1) a court order;
(2) with written consent of the person being investigated;
(3) in a criminal proceeding; or
(4) in a hearing conducted under the authority of the Commission.
(c) Early review. A fire department that employs a person regulated by the Commission, a person seeking to apply for a beginning position with a regulated entity, a volunteer fire department, or an individual participating in the Commission's 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, the individual may request such a review in writing by providing the person's full name, date of birth and any additional identifying information requested by the Commission. A decision based on an early review does not bind the 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 Guidelines), in determining the present fitness of a person who has been convicted of a crime, the Commission shall consider the following evidence:
(1) the extent and nature of the person's past criminal activity;
(2) the age of the person at the time of the commission of the crime;
(3) the amount of time that has elapsed since the person's last criminal activity;
(4) the conduct and work activity of the person prior to and following the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and
(6) other evidence of the person's present fitness, including letters of recommendation from:
(A) prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;
(B) the sheriff or chief of police in the community where the person resides; and
(C) any other persons in contact with the convicted person.
(b) It shall be the responsibility of the applicant to the extent possible to secure and provide to the Commission the recommendations of prosecution, law enforcement, and correctional authorities as required by statute and these rules upon request by the Commission staff. The applicant shall also furnish:
(1) a copy of the indictment, information or complaint;
(2) a copy of the judgement(s) or order(s) of the court adjudicating guilt, granting probation, community supervision, deferred adjudication, or discharge from probation or community supervision;
(3) a record of steady employment in the form of a letter from current or former employers;
(4) a record that the applicant has supported his or her dependents in the form of a letter from a person in the applicant's community with personal knowledge of the circumstances;
(5) evidence that the applicant has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted, in the form of copies of official records, documents, or a letter from the person's probation or parole officer where applicable concerning his or her current status; and
(6) a copy of the police or offense report(s).
§403.15.Report of Convictions by an Individual or a Department.
(a) A certificate holder shall report to the 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 conviction date.
(b) A fire department or local government regulated by the Commission shall report to the 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, within 14 days of the conviction date.
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 3, 2007.
TRD-200702826
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: July 23, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 936-3821