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 proposes amendments
to Chapter 4, Subchapter A, §4.1, concerning Regulations Governing Hazardous
Materials.
An amendment to §4.1 is necessary to ensure that the Federal Hazardous
Material Regulations, incorporated by reference in the section, reflect all
amendments and interpretations issued through March 1, 2007. An additional
amendment to §4.1 is necessary to remove and update an outdated reference
to the term "regional highway administrator".
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to ensure to the public greater compliance by motor
carriers with all of the statutes and regulations pertaining to the safe operation
of commercial vehicles in this state. There is no adverse economic impact
anticipated for individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code
does not apply to this rule. Accordingly, the department is not required to
complete a takings impact assessment regarding this rule.
The Texas Department of Public Safety, in accordance with the Administrative
Procedures and Texas Register Act, Texas Government Code, §2001, et seq.,
and Texas Transportation Code, Chapter 644, will hold a public hearing on
March 14, 2007, at 9:00 a.m., at the Texas Department of Public Safety, Texas
Highway Patrol Division, Building G Annex, 5805 North Lamar, Austin, Texas.
The purpose of this hearing is to receive comments from all interested persons
regarding adoption of the proposed amendments to Administrative Rule §4.1
regarding Hazardous Material and Transportation Safety, proposed for adoption
under the authority of Texas Government Code, §411.018, and Texas Transportation
Code, Chapter 644, which provides that the director shall, after notice and
a public hearing, adopt rules regulating the safe operation of commercial
motor vehicles.
Persons interested in attending this hearing are encouraged to submit advance
written notice of their intent to attend the hearing and to submit a written
copy of their comments. Correspondence should be addressed to Major Mark Rogers,
Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box
4087, Austin, Texas 78773-0500.
Persons with special needs or disabilities who plan to attend this hearing
and who may need auxiliary aids or services are requested to contact Major
Rogers at (512) 424-2116 at least three working days prior to the hearing
so that appropriate arrangements can be made.
Other comments on this proposal may be submitted to Mark Rogers, Major,
Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box
4087, Austin, Texas 78773-0500, (512) 424-2116.
The amendments are proposed 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.
Texas Government Code, §411.018 and Texas Transportation Code, §644.051
are affected by this proposal.
§4.1.Transportation of Hazardous Materials.
(a)
The director of the Texas Department of Public Safety incorporates,
by reference, the Federal Hazardous Materials Regulations, Title 49, Code
of Federal Regulations, Parts 107 (Subpart G), 171 - 173, 177, 178, and 180,
including all interpretations thereto, for commercial vehicles operated in
intrastate, interstate, or foreign commerce, as amended through
March
[
(b)
Explanations and Exceptions.
(1)
Certain terms when used in the federal regulations as adopted
in subsection (a) of this section will be defined as follows:
(A) - (D)
(No change.)
(E)
FMCSA field administrator, as used in the federal
motor carrier safety regulations,
[
(F) - (G)
(No change.)
(2) - (9)
(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 February 16, 2007.
TRD-200700550
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 424-2135
37 TAC §§4.11, 4.16, 4.21
The Texas Department of Public Safety proposes amendments
to Chapter 4, Subchapter B, §§4.11, 4.16, and 4.21 concerning Regulations
Governing Transportation Safety.
The amendment to §4.11 updates the rule so that it reflects March
1, 2007 in subsection (a). The amendment is necessary to ensure that the Federal
Motor Carrier Safety Regulations, incorporated by reference in the section,
reflect all amendments and interpretations issued through that particular
date for the subchapter. Amendment to §4.11(b)(6) is necessary to remove
and update an outdated reference to the term "regional highway administrator."
Amendment to §4.16 is necessary to establish a minimum amount of administrative
penalty in order to ensure that the penalty imposed has the appropriate effect
of deterring future violations.
Amendments to §4.21 are necessary because responsibility for maintaining
the Valid Positive Result database, and correspondence relating to the database,
has been changed from the Motor Carrier Compliance Audit (MCCA) section to
the Motor Carrier Safety (MCS) section. Amending the rule will allow future
correspondence to be directed to the correct office.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rules are in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be to ensure to the public greater compliance
by motor carriers with all of the statutes and regulations pertaining to the
safe operation of commercial vehicles in this state. There is no adverse economic
impact anticipated for individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code
does not apply to this rule. Accordingly, the department is not required to
complete a takings impact assessment regarding this rule.
The Texas Department of Public Safety, in accordance with the Administrative
Procedures and Texas Register Act, Texas Government Code, §2001, et seq.,
and Texas Transportation Code, Chapter 644, will hold a public hearing on
March 14, 2007, at 9:00 a.m., at the Texas Department of Public Safety, Texas
Highway Patrol Division, Building G Annex, 5805 North Lamar, Austin, Texas.
The purpose of this hearing is to receive comments from all interested persons
regarding adoption of the proposed amendments to Administrative Rules §§4.11,
4.16, and 4.21 regarding Hazardous Material and Transportation Safety, proposed
for adoption under the authority of Texas Transportation Code, Chapter 644,
which provides that the director shall, after notice and a public hearing,
adopt rules regulating the safe operation of commercial motor vehicles.
Persons interested in attending this hearing are encouraged to submit advance
written notice of their intent to attend the hearing and to submit a written
copy of their comments. Correspondence should be addressed to Major Mark Rogers,
Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box
4087, Austin, Texas 78773-0500.
Persons with special needs or disabilities who plan to attend this hearing
and who may need auxiliary aids or services are requested to contact Major
Rogers at (512) 424-2116 at least three working days prior to the hearing
so that appropriate arrangements can be made.
Other comments on this proposal may be submitted to Mark Rogers, Major,
Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box
4087, Austin, Texas 78773-0500, (512) 424-2116.
The amendments are proposed 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.
Texas Transportation Code, §644.051 is affected by this proposal.
§4.11.General Applicability and Definitions.
(a)
General. The director of the Texas Department of Public
Safety incorporates, by reference, the Federal Motor Carrier Safety Regulations,
Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385, 386, 387,
390 - 393, and 395 - 397 including all interpretations thereto, as amended
through
March
[
(1) - (4)
(No change.)
(b)
Terms. Certain terms, when used in the federal regulations
as adopted in subsection (a) of this section, will be defined as follows:
(1) - (5)
(No change.)
(6)
FMCSA field administrator, as used in the federal
motor carrier safety regulations,
[
(7) - (12)
(No change.)
(c)
(No change.)
§4.16.Administrative Penalties, Payment, Collection, and Settlement of Penalties.
(a)
Administrative Penalties.
(1) - (3)
(No change.)
(4)
In no case will any penalty or group of
penalties assessed according to this section be less than a total of $500.
(5)
[
(b)
(No change.)
§4.21.Reports of Valid Positive Results on Alcohol and Drug Tests.
(a)
Reporting Requirement. An employer required under the federal
safety regulations to conduct alcohol and controlled substance testing of
employees shall report to the department a valid positive result on an alcohol
or controlled substance test performed as part of the carrier's alcohol and
drug testing program or consortium, as defined by Title 49, Code of Federal
Regulations, Part 382, on an employee of the carrier who holds a commercial
driver license issued under Texas Transportation Code, Chapter 522.
(1)
(No change.)
(2)
The report must be submitted on a form prescribed by the
department that is available at the following Internet web site address: http://www.txdps.state.tx.us/forms.
All information requested on the form must be completed. The completed form
must be mailed to
MCS
[
(3) - (5)
(No change.)
(b)
Release of Information. Information regarding Reports of
Valid Positive Drug or Alcohol Tests is confidential and only subject to release
as provided in Texas Transportation Code, 521.053. A request must be submitted
on a form prescribed by the department that is available at the following
Internet web site address: http://www.txdps.state.tx.us/forms. The request
form must be mailed to
MCS
[
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 February 16, 2007.
TRD-200700551
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 424-2135
Subchapter E. RECIPROCITY IN DRIVER LICENSING
37 TAC §15.92
The Texas Department of Public Safety proposes to amend §15.92,
concerning Reciprocity in Driver Licensing. Amendments to the section are
necessary in order to update the list of NATO member countries adhering to
the NATO Status of Forces Agreement.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local governments.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the section will be current and updated rules. There is no adverse
economic impact anticipated for individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code
does not apply to this rule. Accordingly, the department is not required to
complete a takings impact assessment regarding this rule.
Comments on the proposed rule may be submitted to Monica Ogilvie, Staff
Attorney, Driver License Division, Texas Department of Public Safety, P.O.
Box 4087, Austin, Texas 78773-0300, (512) 424-5230.
The amendments are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department’s work; and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§15.92.Reciprocity in Driver Licensing.
The Department grants like reciprocity for driver licensing to residents
of other states.
(1) - (5)
(No change.)
(6)
The department adheres to the NATO agreement signed in
1951 which provides that the receiving state shall either:
(A)
(No change.)
(B)
issue its own driving permit or license to any member of
a force or civilian component who holds a driving permit or license or military
driving permit issued by the sending state or subdivision thereof, provided
that no driving test shall be required. The NATO member countries are Belgium,
Bulgaria,
Canada,
Czech Republic,
Denmark,
Estonia,
France, Germany,
Greece,
Hungary
[
(C)
(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 February 16, 2007.
TRD-200700549
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 424-2135
Chapter 407.
ADMINISTRATION
37 TAC §§407.1, 407.3, 407.5
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Fire Protection or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Fire Protection ("TCFP")
proposes to repeal Chapter 407, Administration, consisting of the following
sections: §407.1 Inscription on Texas Commission on Fire Protection Vehicles, §407.3
Historically Underutilized Businesses, and §407.5 State Vehicle Management.
The assessment made by the TCFP for §407.1 and §407.5 is that they
have become obsolete due to the fact that the Texas Commission on Fire Protection
no longer owns or operates state vehicles.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five-year period the proposed
repeal is in effect there will be no fiscal impact on state and local governments.
Mr. Soteriou has also determined that for each of the first five years
the proposed repeal is in effect, there will be no additional costs of compliance
for small or large businesses or individuals that are required to comply with
the proposed amendments.
Comments regarding this proposed repeal may be submitted in writing within
30 days following the publication of this notice in the
Texas Register
to Gary L. Warren, Sr., Executive Director, Texas Commission
on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at
info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future
Commission meeting.
This proposed repeal is 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, §419.022, 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.
§407.1Inscription on Texas Commission on Fire Protection Vehicles.
§407.3. Historically Underutilized Businesses.
§407.5. State Vehicle Management.
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 February 15, 2007.
TRD-200700531
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 936-3838
37 TAC §407.1
The Texas Commission on Fire Protection ("TCFP") proposes
new §407.1 and simultaneously proposes the repeal of §§407.1,
407.3, and 407.5 which also appear in this issue of the
Texas Register.
TCFP proposes to repeal the current §407.3, Historically
Underutilized Businesses and replaces it with a new §407.1, Historically
Underutilized Businesses.
The assessment made by the Commission for §407.1, concerning Inscription
on Texas Commission on Fire Protection Vehicles and §407.5, concerning
State Vehicle Management is that they have become obsolete due to the fact
that the Texas Commission on Fire Protection no longer owns or operates state
vehicles.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five-year period the proposed
new section is in effect there will be no fiscal impact on state and local
governments.
Mr. Soteriou has also determined that for each of the first five years
the proposed new section is in effect there will be no public benefit. There
will be no additional costs of compliance for small or large businesses or
individuals that are required to comply with the proposed section.
Comments regarding this proposed new section may be submitted in writing
within 30 days following the publication of this notice in the
Texas Register
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 will be reviewed and discussed at a future
Commission meeting.
The new section 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, §419.022, 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.
Cross reference to statute: Texas Government Code, §§419.008,
419.022 and 419.032(b).
§407.1.Historically Underutilized Businesses.
The commission adopts by reference the rules of the Texas Building
and Procurement Commission in Texas Administrative Code, Title 1, Part 5,
Chapter 111, Subchapter B (relating to Historically Underutilized Business
Program). Certification of a business as a historically underutilized business
remains the responsibility of the Texas Building and Procurement Commission.
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 February 15, 2007.
TRD-200700532
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 936-3838
37 TAC §421.3, §421.5
The Texas Commission on Fire Protection ("TCFP") proposes
amendments to §421.3 concerning Minimum Standards Set by the Commission
and §421.5 concerning Definitions.
The purpose of these proposed amendments is to add position descriptions
for Fire Officer I and Fire Officer II, which had not previously existed in §421.3,
and in §421.5 to change the word ''certification'' to ''eligibility''
for a fire service instructor.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five-year period the proposed
amendments are in effect there will be no fiscal impact on state and local
governments.
Mr. Soteriou 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 certifications will be aligned
with a national recognized standard. 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 proposed amendments 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 the proposed amendments in the
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, §419.022, 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.
Cross reference to statute: Texas Government Code, §§419.008,
419.022 and 419.032(b).
§421.3.Minimum Standards Set by the Commission.
(a)
(No change.)
(b)
Functional position descriptions.
(1) - (7)
(No change.)
(8)
Fire Officer I personnel. The following general position
description for Fire Officer I personnel serves as a guide for anyone interested
in understanding the qualifications, competencies, and tasks required of the
Fire Officer I operating in the State of Texas. It is ultimately the responsibility
of an employer to define specific job descriptions within each jurisdiction.
(A)
Qualifications. In addition to the qualifications for basic
structural fire protection
and Fire Instructor I
personnel: supervise
personnel, assign tasks at emergency operations, direct personnel during training
activities, recommend action for member-related problems, coordinate assigned
tasks and projects, deal with inquiries and concerns from members of the community,
implement policies, perform routine administrative functions, perform preliminary
fire investigation, secure an incident scene and preserve evidence, develop
pre-incident plans, supervisory emergency operations, develop and implement
action plans, deploy assigned resources, ensure a safe work environment for
personnel, conduct initial accident investigation, and document an incident.
(B)
(No change.)
(9)
Fire Officer II personnel. The following general position
description for Fire Officer II personnel serves as a guide for anyone interested
in understanding the qualifications, competencies, and tasks required of the
Fire Officer II operating in the State of Texas. It is ultimately the responsibility
of an employer to define specific job descriptions within each jurisdiction.
(A)
Qualifications. In addition to the qualifications for Fire
Officer I [
(B)
(No change.)
(10)
Fire Service Instructor I personnel. The following general
position description for Fire Service Instructor I personnel serves as a guide
for anyone interested in understanding the qualifications, competencies, and
tasks required of the Fire Service Instructor I operating in the State of
Texas. It is ultimately the responsibility of an employer to define specific
job descriptions within each jurisdiction.
(A)
Qualifications. In addition to
successfully completing
a commission approved course and achieving a passing score on the certification
examination
[
(B)
(No change.)
(11)
Fire Service Instructor II personnel. The following general
position description for Fire Service Instructor II personnel serves as a
guide for anyone interested in understanding the qualifications, competencies,
and tasks required of the Fire Service Instructor II operating in the State
of Texas. It is ultimately the responsibility of an employer to define specific
job descriptions within each jurisdiction.
(A)
Qualifications. In addition to
successfully completing
a commission approved course, achieving a passing score on the certification
examination, and meeting the qualifications for
[
(B)
(No change.)
(12)
Fire Service Instructor III personnel. The following general
position description for Fire Service Instructor III personnel serves as a
guide for anyone interested in understanding the qualifications, competencies,
and tasks required of the Fire Service Instructor III operating in the State
of Texas. It is ultimately the responsibility of an employer to define specific
job descriptions within each jurisdiction.
(A)
Qualifications. In addition to
successfully completing
a commission approved course, achieving a passing score on the certification
examination, and meeting the qualifications for
[
(B)
(No change.)
§421.5.Definitions.
The following words and terms, when used in this standards manual,
shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (42)
(No change.)
(43)
Years of experience--For purposes of higher levels of
certification or fire service instructor certification:
(A)
Except as provided in subparagraph (B) of this paragraph,
years of experience is defined as full years of full-time, part-time or volunteer
fire service while holding:
(i) - (iii)
(No change.)
(iv)
for fire service instructor
eligibility
[
(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 February 15, 2007.
TRD-200700533
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 936-3838
37 TAC §§425.1, 425.3, 425.5, 425.7
The Texas Commission on Fire Protection (''TCFP'') proposes
amendments to §425.1, pertaining to Minimum Standards for Fire Service
Instructor Certification; §425.3, pertaining to Minimum Standards for
Fire Service Instructor I Certification; §425.5, pertaining to Minimum
Standards for Fire Service Instructor II Certification; and §425.7, pertaining
to Minimum Standards for Fire Service Instructor III Certification. The purpose
of the proposed amendments are to remove outdated language and add reciprocity
for IFSAC seals.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five-year period the proposed
amendments are in effect there will be no fiscal impact on state and local
governments.
Mr. Soteriou 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 there are additional options
for certification. 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 proposed amendments 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 the proposed amendments in the
The amendments are proposed under Texas Government Code, §419.008,
which provide the TCFP with the authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum educational, training,
physical, and mental standards for appointment as fire protection personnel.
Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).
§425.1.Minimum Standards for Fire Service Instructor Certification.
(a) - (d)
(No change.)
[
[
[
[
(e)
[
[
§425.3.Minimum Standards for Fire Service Instructor I Certification.
(a)
In order to become certified as a Fire Service Instructor
I an individual must:
(1)
have a minimum of three years of experience (as defined
in §421.5(43) of this title) in fire protection in one or more or any
combination of the following:
(A)
(No change.)
(B)
a department of a state agency, education institution or
political subdivision providing fire protection training and related responsibilities;
and
(i)
possess valid documentation
of accreditation from the International Fire Service Accreditation Congress
(IFSAC) as a Fire Instructor I; or
(ii)
[
(iii)
[
(2)
[
(b)
(No change.)
§425.5.Minimum Standards for Fire Service Instructor II Certification.
(a)
In order to become certified as a Fire Service Instructor
II, an individual must:
(1)
(No change.)
(2)
have a minimum of three years of experience (as defined
in §421.5(43) of this title) in fire protection in one or more or any
combination of the following:
(A)
(No change.)
(B)
a department of a state agency, education institution or
political subdivision providing fire protection training and related responsibilities;
and
(i)
possess valid documentation
of accreditation from the International Fire Service Accreditation Congress
(IFSAC) as a Fire Instructor I, II, or III, or
(ii)
[
(iii)
[
(b)
(No change.)
§425.7.Minimum Standards for Fire Service Instructor III Certification.
(a)
In order to become certified as a Fire Service Instructor
III an individual must:
(1)
(No change.)
(2)
have a minimum of three years of experience (as defined
in §421.5(43) of this title) in fire protection in one or more or any
combination of the following:
(A)
(No change.)
(B)
a department of a state agency, education institution or
political subdivision providing fire protection training and related responsibilities;
and
(i)
possess valid documentation
of accreditation from the International Fire Service Accreditation Congress
(IFSAC) as a Fire Instructor III; or
(ii)
[
(iii)
[
(I)
[
(II)
[
(III)
[
(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 February 15, 2007.
TRD-200700534
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 936-3838
37 TAC §425.13
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Fire Protection or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Fire Protection ("TCFP")
proposes the repeal of §425.13, concerning Individuals Serving as a Coordinator
Prior to March 1, 2006. The assessment made by the TCFP for §425.13 is
that this section has become obsolete due to the fact that this section is
a grandfather clause that is due to expire March 1, 2007.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five-year period the proposed
repeal is in effect there will be no fiscal impact on state and local governments.
Mr. Soteriou has also determined that for each of the first five years
the proposed repeal is in effect there will be no public benefit. There are
no additional costs of compliance for small or large businesses or individuals
that are required to comply with the proposed amendments.
Comments regarding this proposed repeal may be submitted in writing within
30 days following the publication of this notice in the
Texas Register
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 will be reviewed and discussed at a future
Commission meeting.
The repeal 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, §419.022, 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.
Cross reference to statute: Texas Government Code, §§419.008,
419.022, and 419.032(b)
§425.13.Individuals Serving as a Coordinator Prior to March 1, 2006.
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 February 15, 2007.
TRD-200700591
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 936-3838
Subchapter D. CERTIFIED TRAINING FACILITIES
37 TAC §§427.401, 427.403, 427.405, 427.407, 427.409, 427.411
The Texas Commission on Fire Protection ("TCFP") proposes
new Subchapter D to the Texas Administrative Code, Title 37, Chapter 427,
Training Facility Certification, consisting of proposed new sections within
this new subchapter as follows: §427.401, General Provisions for Training
Facilities Not Owned or Operated by the State of Texas or a Political Subdivision
of the State of Texas; §427.403, Financial Standards; §427.405,
Policy Regarding Complaints; §427.407, School Responsibilities Regarding
Instructors; §427.409, Advertising; and §427.411, Cancellations
or Suspensions. The purpose of the proposed new subchapter is to require privately
owned fire academies to generally meet the same criteria as other schools
that teach developmental career skills for fire personnel.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that, for the first five-year period the new subchapter
is in effect, there will be no fiscal impact on state and local governments
as these requirements apply only to privately owned schools.
Mr. Soteriou has also determined that, for each of the first five years
the new subchapter is in effect, the public benefit anticipated as a result
of enforcing the new sections, and will be protected from the unscrupulous
and fiscally unsound practices of some private schools. The economic effect
for individual, small, and micro business will be the normal cost of obtaining
liability insurance and accounting services.
Comments on the proposed new subchapter 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 proposed new subchapter
in the
Texas Register
.
The proposed new subchapter is proposed under Texas Government
Code, §419.008, which provides the TCFP with the authority to propose
new sections for the administration of its powers and duties, and Texas Government
Code, §419.022(a)(5), which provides the TCFP with the authority to establish
minimum educational, training, physical, and mental standards for appointment
as fire protection personnel.
Cross reference to statute. Texas Government Code, §419.008 and §419.022
are affected by the proposed new subchapter.
§427.401.General Provisions for Training Facilities Not Owned or Operated by the State of Texas or a Political Subdivision of the State of Texas.
(a)
The provisions in this subchapter apply only to certified
training facilities that are not owned or operated by the State of Texas or
a political subdivision of the State of Texas.
(b)
Training facilities seeking certification under this subchapter
must comply with all the provisions of this chapter and must also meet and
comply with all commission rules.
(c)
Training facilities seeking certification under this subchapter
must apply for training facility certification in each discipline they wish
to teach.
(d)
In order to become a commission approved training facility
under this subchapter; the provider must submit a completed commission training
facility application for certification with supporting documentation and fees.
Supporting documentation will consist of:
(1)
descriptions, photos and addresses of where the provider
will have their course delivery and materials.
(2)
documentation of how the provider will meet all the minimum
requirements for each discipline for which it seeks certification.
(3)
complete and correct financial statements, as specified
in this subchapter, demonstrating the facility is financially stable and capable
of fulfilling its commitments for training.
(4)
statement of ownership which identifies the owners, stockholders,
partners, representatives, management, trustees, board members.
(5)
documentation showing registration with the Texas Secretary
of State as a business.
§427.403.Financial Standards.
(a)
Definitions Relating to Financial Requirements.
(1)
Balance Sheet--A statement of financial position or statement
of condition, showing the status of assets, liabilities and owner equity for
a defined period i.e., monthly, quarterly, etc.
(2)
current ratio--ability to pay current obligations from
current assets.
(3)
Generally Accepted Accounting Principles (GAAP)--Conventions,
rules and procedures that define accepted accounting practices to include
both broad guidelines as well as detailed procedures.
(4)
Generally Accepted Auditing Standards (GAAS)--Conventions,
rules and procedures that define accepted audit practices.
(5)
Stockholders Equity (net worth)--amount by which assets
exceed liabilities.
(6)
sworn statement--A notarized statement including the following
language: "I swear or affirm that the information in these statements is true
and correct to the best of my knowledge."
(7)
unearned income (tuition) affidavit--A statement of income
received but not yet earned during the current or most recent fiscal year.
This is usually shown as a liability on a balance sheet, assuming it will
be credited to income within the normal accounting cycle.
(b)
The balance sheet required in this subchapter shall reflect
the following:
(1)
positive equity or net worth balance;
(2)
unearned tuition as a current liability;
(3)
a current ratio of at least one-to-one; (current assets
divided by current liabilities) and
(4)
Stockholder's Equity or net worth exceeding the amount
shown for goodwill, if applicable, under assets in the balance sheet.
(c)
Compilations shall be accompanied by the owner's sworn
statement.
(d)
All financial statements shall identify the name, license
number, and licensing state of the accountant associated with the statements
and be in accordance with GAAP.
(e)
A school that maintains a financial responsibility composite
score that meets the general standards established in federal regulations
by the U.S. Department of Education for post secondary institutions participating
in student financial assistance programs authorized under Title IV of the
Higher Education Act of 1965, as amended, shall be considered to have met
the financial standards of this subchapter.
(f)
A school that qualifies under an alternative standard but
not the general standard of these federal regulations will not be considered
to have met the financial standards of this subchapter unless the school meets
the other requirements stated in this subchapter.
(g)
Requirements for Original Approvals.
(1)
The owner shall furnish the Commission with the following:
(A)
a school owned by a sole proprietor must submit a reviewed
personal balance sheet stating the disclosure of payments for the next five
years to meet debt agreements as required by GAAP; or
(B)
all other ownership structures must submit an audited balance
sheet consistent with GAAP and GAAS and certified by an accountant.
(2)
The facility shall submit a balance sheet, a list of the
expected school-related expenses for the first three months of operation of
the school; a sworn statement signed by the owner affirming the availability
of sufficient cash to cover projected expenses at the date of the certification.
Projected expenses may include the following:
(A)
employee salaries, listed by position title, including
withholding and unemployment taxes, and other related expenses;
(B)
lease or rent payments for listed equipment;
(C)
lease or rent payments for facilities;
(D)
accounting, legal and other specifically identified professional
fees;
(E)
an estimate of expenses such as advertising, travel, textbooks,
office and classroom supplies, printing, telephone, utilities, taxes;
(F)
a projection of the gross amount of tuition and fees to
be collected during each of the first two years of operation; and
(G)
such other evidence as may be deemed appropriate by the
commission to establish financial stability.
(h)
Prior to a change in ownership of a facility, the purchaser
shall furnish the Commission a current balance sheet meeting the requirements
outlined in this subchapter for original approvals, excluding the sufficient
cash requirement for initial expenses. The purchaser shall furnish any other
evidence deemed appropriate by the commission to establish financial stability.
(i)
The deletion or addition of any person that would be considered
an owner is considered a change in facility ownership. The facility must notify
the commission of the change in ownership within 14 days of the transaction.
(j)
The commission may require submission of a full application
for approval of a change in ownership.
(k)
Management agreements must be disclosed to the commission.
Parties to a management agreement shall be of good reputation and character.
(l)
The deletion, addition or moving of a facility will be
reported to the commission 14 days prior to the transaction.
(m)
If the commission determines that the deletion, addition
or moving of a facility presents an unreasonable transportation hardship which
would prevent a student from completing the training at the new location,
the school shall provide a full refund of all monies paid and a release from
all obligations to the student.
(n)
The commission shall be notified in writing of any legal
action to which the facility, any of its owners, representatives or management
employees is a party.
(o)
The notification shall be within 14 days after the action
is known to be filed or the facility, owner, representative or management
employee is served.
(p)
The facility shall include, with the required notice, a
file-marked copy of the petition, complaint, or other legal instrument, including
copies of any judgments.
(q)
If the commission determines that reasonable cause exists
to question the validity of any financial information submitted, or the financial
stability of the facility, the commission may require at the facility's expense:
(1)
an audit of the facility that has been certified by an
accountant; or
(2)
The owner must furnish any other evidence deemed appropriate
by the commission to establish financial stability.
(r)
The entity certified under this subchapter shall maintain,
in a permanent format that is acceptable and readily accessible to the commission,
a record of any funds received from, or on behalf of, the student. The entity
shall clearly identify the payer, the type of funding, and the reason for
the charges. These records shall be posted and kept current.
(s)
An entity certified under this subchapter shall issue written
receipts of any charges or payments to the student and maintain such records
for review upon request by the commission. Each separately charged item shall
be clearly itemized on the student-signed receipt.
(t)
An entity certified under this subchapter shall develop
and maintain a cancellation and refund policy.
(u)
The student shall be entitled to a full refund of all monies
paid to the facility if classes or courses are cancelled by the facility.
(v)
Classes or courses cancelled by the student, refund policies
will be based on a prorated basis or percentage of the class or program completed
by the student.
(w)
An entity certified under this subchapter shall comply
with §437.3 of this title concerning certification and renewal fees.
(x)
Upon application for renewal, an entity certified under
this subchapter will provide a balance sheet with a sworn statement.
(y)
Liability insurance will be addressed after all comments
have been received from the public.
§427.405.Policy Regarding Complaints.
(a)
Complaints. The entity shall:
(1)
submit a written grievance procedure designed to resolve
disputes between current and former students and the school for commission
approval;
(2)
provide a copy of the grievance procedure to each student
and maintain proof of such delivery;
(3)
maintain records regarding grievance filings and resolutions;
and
(4)
diligently work to resolve all complaints at the local
school level.
(b)
Investigations.
(1)
The commission may investigate a complaint about an entity
and may determine the extent of investigation needed by considering various
factors, such as:
(A)
the seriousness of the alleged violation;
(B)
the source of the complaint;
(C)
the school's history of compliance and complaints;
(D)
the timeliness of the complaint; and
(E)
any other reasonable matter deemed appropriate.
(2)
The Commission may require documentation or other evidence
of the violation before initiating a complaint investigation.
§427.407.School Responsibilities Regarding Instructors.
(a)
The facility Chief Training Officer (CTO) shall ensure
that there are an appropriate number of instructors.
(b)
The facility CTO shall ensure that instructors are qualified
to instruct in the subjects they are teaching or assisting.
(c)
The facility CTO shall ensure continuity of instruction
and that instructors provide students with a quality education.
(d)
The facility CTO shall formally evaluate each instructor
in writing at least annually and shall make the evaluations available for
review by the commission.
(e)
The facility CTO shall ensure that students are allowed
the opportunity to formally evaluate each instructor in writing and make the
evaluations available for review by the commission.
§427.409.Advertising.
(a)
General Information for Advertising.
(1)
A school shall not make deceptive statements in attempting
to enroll students.
(2)
The Commission may require a school to furnish proof to
the Commission of any of its advertising claims.
(b)
Advertisement Method.
(1)
A school may advertise for prospective students under "instruction,"
"education," "training," or a similarly titled classification.
(2)
No school advertisements shall use the word "wanted," "help
wanted," or "trainee," either in the headline or the body of the advertisement,
nor shall any advertisement indicate, in any manner, that the school has or
knows of employment of any nature available to prospective students; only
"placement assistance," if offered, may be advertised.
(3)
A school shall not use terms to describe the significance
of the approval that specify or connote greater approval. Terms that schools
may not use to connote greater approval by the Commission include, but are
not limited to, "accredited," "supervised," "endorsed," and "recommended."
A school shall not use the words "guarantee," "guaranteed," or "free" unless
approved in writing by the Commission.
(4)
Any advertisement that includes a reference to awarding
of credit hours shall include the statement, "limited transferability." Where
a school has an arrangement with a college or university to accept transfer
hours, such information may be advertised, but any limitations shall be included
in the advertisement.
(c)
Advertisement Content.
(1)
Advertisement content shall include, and clearly indicate,
the full and correct name of the school and its address, including city, as
they appear on the certificate of approval.
(2)
Advertisements shall not include:
(A)
statements that the school or its programs are accredited
unless the accreditation is that of an agency recognized by the United States
Department of Education;
(B)
statements that the school or its courses of instruction
have been approved unless the approval can be substantiated by an appropriate
certificate of approval issued by an agency of the state or federal government;
(C)
statements that represent the school as an employment agency
under the same name, or a confusingly similar name, or at the same location
of the school; or
(D)
statements as being commission-approved or IFSAC approved
in order to solicit students prior to receiving actual commission approval.
Any such activity by the school, prior to the Commission's approval of the
training course, shall constitute misrepresentation by the training facility
and shall entitle each student in the course to a full refund of all monies
paid and a release from all obligations to the student".
(3)
A school holding a franchise to offer specialized programs
or subjects not available to other schools shall not advertise such programs
in such a manner as to diminish the value and scope of programs offered by
other schools not holding such a franchise. Advertising of special subjects
or programs offered under a franchise shall be limited to the subject or programs
offered.
(4)
A school shall not use endorsements, commendations, or
recommendations by students in favor of a school except with the consent of
the student and without any offer of financial or other material compensation.
Endorsements shall bear the legal or professional name of the student.
(5)
A school shall not use a photograph, cut, engraving, illustration
or graphic in advertising in such a manner as to:
(A)
convey a false impression of size, importance, or location
of the school, equipment, or facilities associated with the school, or
(B)
circumvent any of the requirements of this subchapter regarding
written or oral statements.
(6)
Every advertisement must clearly indicate that training
is being offered, and shall not, either by actual statement, omission, or
intimation, imply that prospective employees are being sought.
(d)
Financial Incentives.
(1)
Advertisements shall not:
(A)
state that students shall be guaranteed employment while
enrolled in the school;
(B)
state that employment shall be guaranteed for students
after graduation; or
(C)
misrepresent opportunities for employment upon completion
of any program; or
(D)
contain dollar amounts as representative or indicative
of the earning potential of graduates unless those dollar amounts have been
published by the United States Department of Labor. This provision shall not
be construed as prohibiting the school from providing earning potential to
the student individually on the student's receipt of enrollment policies or
other such Commission-approved document.
(e)
Advertisements for student tuition loans shall:
(1)
contain the language "financial aid available, if qualified";
(2)
appear in type no larger than the font used for the name
of the school and in similar color and style; and
(3)
does not preclude disclosure of the school's eligibility
under the various state and federal loan programs.
(f)
Advertisement Monitoring.
(1)
The Commission may order corrective action to counteract
the effect of advertising in violation of the Act or rules, including:
(A)
retraction by the school of such advertising claims published
in the same manner as the claims themselves; and
(B)
cancellation of telephone numbers without an automatic
forwarding message.
(2)
As corrective action for violations of the Act or rules,
the Commission may require schools to submit all advertisements to the Commission
for pre-approval at least 30 days before proposed submission of the advertisements
to the advertising medium.
(3)
Nothing in these guidelines shall prohibit release of information
to students as required by a state or federal agency.
§427.411.Cancellations or Suspensions.
(a)
If an approved course of instruction is discontinued for
any reason, the Commission shall be notified within 72 hours (9 days) of discontinuance
and furnished with the names and addresses of any students who were prevented
from completion of the course of instruction due to discontinuance. Should
the school fail to make arrangements satisfactory to the students and the
Commission for the completion of the course of instruction, the full amount
of all tuition and fees paid by the students are then due and refundable.
Any course of instruction discontinued will be removed from the list of approved
courses of instruction.
(b)
The Commission may suspend enrollments in a particular
course of instruction at any time the Commission finds cause. For purposes
of this subsection, cause includes, but is not limited to:
(1)
inadequate instruction;
(2)
unapproved or inadequate curriculum;
(3)
inadequate equipment; or
(4)
inadequate facilities.
(c)
If a school begins teaching a course of instruction or
revised course of instruction that has not been approved by the Commission,
the Commission may require the school to refund to the enrolled students all
or a portion of the tuition fees.
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 February 15, 2007.
TRD-200700535
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 1, 2007
For further information, please call: (512) 936-3838
Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION
November
] 1,
2007
[
2006
]. All other
references in this section to the Code of Federal Regulations also refer to
amendments and interpretations issued through
March
[
November
] 1,
2007
[
2006
].
regional highway administrator
] means the director of the Texas Department of Public Safety or the
designee of the director
for vehicles operating in intrastate commerce
;
Subchapter B. REGULATIONS GOVERNING TRANSPORTATION SAFETY
November
] 1,
2007
[
2006
]. All other references in this subchapter to the Code of Federal Regulations
also refer to amendments and interpretations issued through
March
[
November
] 1,
2007
[
2006
]. The rules adopted herein
are to ensure that:
regional highway administrator
] means the director of the Texas Department of Public Safety
for vehicles operating in intrastate commerce
;
(4)
] The department will send a
Notice of Claim to the person(s), Firm, or business in violation of this subchapter
by certified mail, return receipt requested, by personal service, or another
manner of delivery that records the receipt of the notice by the person responsible
requiring a response within 20 business days. The notice will contain the
following language in bold, large face type: "FAILURE TO PAY THIS CLAIM OR
RESPOND, AS SPECIFIED IN THE NOTICE OF CLAIM, WITHIN 20 BUSINESS DAYS WILL
RESULT IN THIS NOTICE OF CLAIM BEING DEEMED A 'FINAL DEPARTMENT DECISION.'
A PERSON WHO IS SUBJECT TO AN ADMINISTRATIVE PENALTY IMPOSED BY THE DEPARTMENT
UNDER TEXAS TRANSPORTATION CODE, §644.153 IS REQUIRED TO PAY THE ADMINISTRATIVE
PENALTIES OR RESPOND TO THE DEPARTMENT'S NOTICE OF CLAIM. A PERSON WHO FAILS
TO PAY, OR BECOMES DELINQUENT IN THE PAYMENT OF THE ADMINISTRATIVE PENALTIES
IMPOSED BY THE DEPARTMENT UNDER TEXAS TRANSPORTATION CODE, §644.153 SHALL
NOT OPERATE OR DIRECT THE OPERATION OF A COMMERCIAL MOTOR VEHICLE ON THE HIGHWAYS
OF THIS STATE UNTIL SUCH TIME AS THE ADMINISTRATIVE PENALTIES HAVE BEEN REMITTED
TO THE DEPARTMENT."
MCCA
] Section Supervisor, Motor
Carrier Bureau, Texas Department of Public Safety, 6200 Guadalupe, MSC#
0521
[
0522
], Austin, Texas 78752-4019, or sent by facsimile
to (512) 424-5310. Unless the report is for a refusal to submit a sample,
employers must also attach a legible copy of either the Federal Drug Testing,
Custody and Control Form (with at least steps one through six completed),
the U.S. Department of Transportation (DOT) Alcohol Testing Form (with at
least steps one through three completed), or the Medical Review Officer's
or Breath Alcohol Technician's report of a positive, diluted, adulterated,
or substituted alcohol or drug test.
MCCA
] Section Supervisor,
Motor Carrier Bureau, Texas Department of Public Safety, 6200 Guadalupe, MSC#
0521
[
0522
], Austin, Texas 78752-4019, or sent by facsimile
to (512) 424-5310.
Chapter 15.
DRIVER LICENSE RULES
Ireland
], Italy,
Latvia, Lithuania,
Luxemburg, Netherlands, Norway,
Poland,
Portugal,
Romania, Slovakia, Slovenia,
Spain, Turkey, [
West Germany,
]
United Kingdom of Great Britain [
and Northern Ireland
] and the
United States of America; or
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
personnel
] and Fire Instructor I personnel: motivate
members for maximum job performance, evaluate job performance, deliver life
safety and fire prevention education programs, prepare budget requests, news
releases, and policy changes, conduct pre-incident planning, fire inspections,
and fire investigations, supervise multi-unit emergency operations, identify
unsafe work environments or behaviors, review injury, accident, and exposure
reports.
the qualifications for basic structural fire protection
personnel
]: deliver instruction effectively from a prepared lesson plan,
including use of instructional aids and evaluation instruments; adapt lessons
plans to the unique requirements of both students and the authority having
jurisdiction; organize the learning environment so that learning is maximized;
and meet the record-keeping requirements of the authority having jurisdiction.
the qualifications
for basic structural fire protection personnel and
] Fire Service Instructor
I: develop individual lesson plans for a specific topic including learning
objectives, instructional aids, and evaluation instruments; schedule training
sessions based on the overall training plan of the authority having jurisdiction;
and supervise and coordinate the activities of other instructors.
the qualifications
for basic structural fire protection personnel and
] Fire Service Instructor
II: develop comprehensive training curricula and programs for use by single
or multiple organizations; conduct organizational needs analysis; and develop
training goals and implementation strategies.
certification
] only, a State Firemen's and Fire Marshals' Association
Level II Instructor Certification, or an equivalent instructor certification
from the Texas Department of State Health Services (DSHS) or the Texas Commission
on Law Enforcement Officer Standards and Education (TCLEOSE). Documentation
of at least three years of experience as a volunteer in the fire service shall
be in the form of a non self-serving sworn affidavit.
Chapter 425.
FIRE SERVICE INSTRUCTORS
(e)
Individuals who hold Basic
Fire Service Instructor or Basic Fire Education Specialist certification on
the effective date of this chapter will, upon renewal, be renewed as a Fire
Service Instructor I.]
(f)
Individuals who hold Intermediate
Fire Service Instructor or Intermediate Fire Education Specialist or Associate
Instructor certification on the effective date of this chapter will, upon
renewal, be renewed as a Fire Service Instructor II.]
(g)
Individuals who hold Advanced
Fire Service Instructor or Advanced Fire Education Specialist certification
on the effective date of this chapter will, upon renewal, be renewed as a
Fire Service Instructor III.]
(h)
Individuals who hold Master
Fire Service Instructor or Master Fire Education Specialist certification
on the effective date of this chapter will, upon renewal, be renewed as a
Master Fire Service Instructor III.]
(i)
] Personnel holding any level
of fire service instructor certification must comply with the continuing education
requirements specified in §441.21 of this title.
(j)
A program that has been accredited
by the International Fire Service Accreditation Congress (IFSAC) shall be
considered for evaluation for equivalence to the commission's requirements
for the corresponding level of certification.]
(2)
] have completed the appropriate
curriculum for Fire Service Instructor I contained in Chapter 8 of the commission's
Certification Curriculum Manual, or meet the equivalence as specified in §425.1(d)
of this title; and
(3)
] successfully pass the applicable
commission examination as specified in Chapter 439 of this title; and
(4)
] have completed the field examiner
orientation course as specified in Chapter 439 of this title.
(3)
] have completed the appropriate
curriculum for Fire Service Instructor II contained in Chapter 8 of the commission's
Certification Curriculum Manual, or meet the equivalence as specified in §425.1(d)
of this title; and
(4)
] successfully pass the applicable
commission examination as specified in Chapter 439 of this title.
(3)
] have completed the appropriate
curriculum for Fire Service Instructor III contained in Chapter 8 of the commission's
Certification Curriculum Manual, or meet the equivalence as specified in §425.1(d)
of this title; and
(4)
] successfully pass the applicable
commission examination as specified in Chapter 439 of this title; and either
(A)
] hold as a prerequisite an advanced
structural fire protection personnel certification, an advanced aircraft fire
protection personnel certification, advanced marine fire protection personnel
certification, advanced inspector certification, advanced fire investigator,
or advanced arson investigator certification; or
(B)
] have 60 college hours from
a regionally accredited educational institution; or
(C)
] hold an associate degree
from a regionally accredited educational institution.
Chapter 427.
TRAINING FACILITY CERTIFICATION
Chapter 429.
MINIMUM STANDARDS FOR FIRE INSPECTORS