PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER A. OBJECTIVE, MISSION, AND PROGRAM
37 TAC §1.4
The Texas Department of Public Safety adopts amendments
to Chapter 1, Subchapter A, §1.4, concerning Programs under Texas
Highway Patrol Division, without changes to the proposed text as published
in the May 8, 2009, issue of the Texas Register (34 TexReg 2748).
Adoption of amendments to §1.4 is necessary in order to update
the rule so that it reflects the revised titles of the division and
titles of the various services within the division that were changed
during a reorganization.
No comments were received regarding adoption of the amendments.
The amendments are adopted 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 Government Code, §411.006(4), which authorizes
the Director to adopt rules, subject to commission approval, considered
necessary for control of the department.
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 24, 2009.
TRD-200903073
Lamar Beckworth
Director
Texas Department of Public Safety
Effective date: August 13, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments
to Chapter 1, Subchapter D, §1.58, concerning Release of Information
on Crash Victims, without changes to the proposed text as published
in the May 8, 2009, issue of the Texas Register (34 TexReg 2750).
Adoption of the amendments to §1.58 is necessary in order
to update the rule so that it reflects the revised wording of "crash"
as it relates to motor vehicle collisions which replaced the terminology
"accident" previously used.
No comments were received regarding adoption of the amendments.
The amendments are adopted 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 Government Code, §411.006(4), which authorizes
the Director to adopt rules, subject to commission approval, considered
necessary for control of the department.
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 24, 2009.
TRD-200903074
Lamar Beckworth
Director
Texas Department of Public Safety
Effective date: August 13, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments
to Chapter 1, Subchapter I, §1.129, concerning Fees for Sale
of Motor Vehicle Crash Reports in Highway Patrol Field Offices, without
changes to the proposed text as published in the May 8, 2009, issue
of the Texas Register (34 TexReg 2750).
Adoption of amendments to §1.129 is necessary in order to
update the rule so that it reflects the revised wording of "crash"
as it relates to motor vehicle collisions which replaced the terminology
"accident" previously used.
No comments were received regarding adoption of the amendments.
The amendments are adopted 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 Government Code, §411.006(4), which authorizes
the Director to adopt rules, subject to commission approval, considered
necessary for control of the department.
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 24, 2009.
TRD-200903075
Lamar Beckworth
Director
Texas Department of Public Safety
Effective date: August 13, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the
repeal of Chapter 1, Subchapter W, §§1.281 - 1.285, concerning
Senate Bill 1074 Video Units, without changes to the proposal as published
in the May 8, 2009, issue of the Texas Register (34 TexReg 2751).
Adoption of repeal of the sections is necessary due to the sections
no longer being necessary. This subchapter pertains to the regulation
of a contract for video units in 2002 that no longer exists.
No comments were received regarding adoption of the repeals.
The repeals are adopted 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 Government Code, §411.006(4), which authorizes
the Director to adopt rules, subject to commission approval, considered
necessary for control of the department.
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 24, 2009.
TRD-200903076
Lamar Beckworth
Director
Texas Department of Public Safety
Effective date: August 13, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 424-2135
SUBCHAPTER D. SCHOOL BUS SAFETY STANDARDS
(Editor's note: In accordance with Texas Government Code, §2002.014,
which permits the omission of material which is "cumbersome, expensive,
or otherwise inexpedient," the figure in 37 TAC §14.52 is not
included in the print version of the Texas Register. The figure is
available in the on-line version of the August 7, 2009, issue of the
Texas Register.)
The Texas Department of Public Safety adopts
amendments to Chapter 14, Subchapter D, §14.52, concerning Texas
School Bus Specifications, with changes to the proposed text as published
in the May 8, 2009, issue of the Texas Register (34
TexReg 2752) and will be republished.
Adoption of amendments to §14.52 is necessary in order to
update the rule so that it reflects the 2009 Texas School Bus Specifications
as the current publication.
The department accepted comments on the proposed rule through June
8, 2009. One written comment was submitted by Lee Banks representing
Rush Bus Centers.
The comment, as well as the department's response thereto, is summarized below:
COMMENT: Regarding §14.52. Language in the 2009 School Bus
Specifications document states they will be applicable for 2009 Model
School Buses. This statement would make the 2009 Specifications retroactive
to buses that have already been sold thus far in 2009 and put into
service. My understanding is these specifications are to be effective
on buses ordered and/or quoted during the period of time they are
in effect regardless of year model.
RESPONSE: The department agrees with the comment and clarifies
there is no intent to retroactively apply these specifications for
2009 model school buses purchased before formal adoption of the 2009
Texas School Bus Specifications. The specifications have been changed
from "The 2009 Texas School Bus Specifications are effective January
1, 2009 and supersede the 2008 Texas School Bus Specifications" to
the new language of "The 2009 Texas School Bus Specifications are
effective upon final adoption of the Public Safety Commission." This
change is made to the first paragraph of page A-3 of the 2009 Texas
School Bus Specifications document.
The amendments are adopted 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; Texas Education Code, §34.002, which authorizes the department
to adopt safety standards for school buses; and Texas Transportation
Code, §547.102, which authorizes the department to adopt standards
and specifications for school bus equipment; and §547.7015, which
authorizes the department to adopt rules governing the design, color,
lighting, and other equipment, construction, and operation of a school
bus for the transportation of schoolchildren.
§14.52.Texas School Bus Specifications.
(a) All school bus chassis and body manufacturers shall
certify to the department, in the form of a letter, that all school
buses offered for sale to or use by the public school systems in Texas
meet or exceed all standards, specifications, and requirements as
specified in the department's publication Texas School Bus Specifications.
The department hereby adopts the Texas School Bus Specifications for
2009 Model School Buses. Previously published Texas School Bus Specifications
remain in effect for earlier model year school buses until the department
repeals these publications.
Figure: 37 TAC §14.52(a) (.pdf)
(b) All school bus chassis and body manufacturers shall
certify to the department, in the form of a letter, that all multifunction
school activity buses offered for sale to or use by the public school
systems in Texas meet or exceed all federal standards, specifications,
and requirements of a multifunction school activity bus as specified
in the Title 49, Code of Federal Regulations, Part 571.
(1) A multifunction school activity bus may be painted
any color except National School Bus Glossy Yellow.
(2) A multifunction school activity bus cannot be used
for home to school or school to home transportation. Before delivery
of a multifunction school activity bus, the manufacturer must place
a label in the direct line of site of the driver while seated in the
driver's seat stating: "This vehicle is not to be used for home to
school or school to home transportation."
(c) Any new school bus found out of compliance with
the specifications that were in effect in Texas on the date the vehicle
was manufactured will be placed out of service by the vehicle's owner
until it is brought into compliance with the applicable specifications.
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 24, 2009.
TRD-200903077
Lamar Beckworth
Director
Texas Department of Public Safety
Effective date: August 13, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 424-2135
CHAPTER 421. STANDARDS FOR CERTIFICATION
37 TAC §421.5, §421.17
The Texas Commission on Fire Protection (Commission)
adopts the amendments to Chapter 421, Standards for Certification
concerning §421.5, Definitions, and §421.17, Requirement
to Maintain Certification. These amendments are adopted without changes
to the proposed text published in the May 29, 2009, issue of the
Texas Register (34 TexReg 3345) and will not be republished.
These amendments are to acknowledge and accept the State Firemen
and Fire Marshals' Association Level II Instructor certification by
individuals received on or after June 1, 2008, or Instructor I certification
received on or after June 1, 2008. The Commission will credit the
time the individual has held the new certification if issued after
the effective date, and any individual whose certificate has been
expired for one year or longer may not renew the certificate that
was previously held. To obtain a new certification, an individual
must meet the requirements in §439.1 of this title (relating
to Requirements--General).
No comments were received from the public regarding these proposed
amendments.
These amendments are adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments; §419.021 and §419.035.
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 21, 2009.
TRD-200902997
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
SUBCHAPTER B. DISTANCE TRAINING PROVIDER
The Texas Commission on Fire Protection (Commission)
adopts an amendment to Chapter 427, Training Facility Certification,
Subchapter B, Distance Training Provider; §427.201, Minimum Standards
for Distance Training Provider. This amendment is adopted with changes
to the proposed text published in the May 29, 2009, issue of the
Texas Register (34 TexReg 3346) and will be republished.
This amendment is to acknowledge and accept the State Firemen and
Fire Marshals' Association Level II Instructor certification by individuals
received on or after June 1, 2008, or Instructor I certification received
on or after June 1, 2008. The Commission will credit the time the
individual has held the new certification if issued after the effective date.
No comments were received from the public regarding the proposed amendment.
These amendments are adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulation and Assisting Fire Fighters
and Fire Departments.
§427.201.Minimum Standards for Distance Training Provider.
(a) The following definition is applicable to this
subchapter only. Approved distance training is defined as fire training
where instructors and students are primarily in different locations
and content is instructed primarily using the internet or an intranet
and courses must contain some level of interactivity. Distance training
that serves as nothing more than electronic text is not acceptable.
Online courses must provide the opportunity for the student to interact
or ask questions via e-mail, chat rooms or some other method of communication.
Other computer-mediated methods of instruction may be used to enhance
instruction; however, the primary delivery method must be through
the internet or an intranet.
(b) A distance training provider must seek certification
as a training facility in each discipline it intends to instruct.
(c) In order to become a Commission-approved distance
training provider; the provider must submit a completed Commission
training facility application with supporting documentation and fees.
Such application will include descriptions and addresses of where
the distance training provider will have their course delivery and
materials. A distance training provider must provide documentation
of its ability to meet all minimum requirements for each discipline
for which it seeks certification. The documentation must also identify
how students and instructors will access resources as identified in
the curriculum.
(d) A distance training provider that applies for certification
as a training facility in a discipline that includes skills training
shall comply with Subchapter A of this chapter concerning minimum
standards, facilities, apparatus, protective clothing, equipment,
and live fire training utilized to teach and test the required skills.
(e) A distance training provider certified for the
first time by the Commission will receive, at no charge, one Commission
Certification Curriculum and Standards Manual on CD to be utilized
by the certified distance training providers' instructors. The distance
training provider is responsible for ensuring that all subjects are
taught as required by the curricula. Additional CD copies may be purchased
from the Commission or downloaded from the agency website. Distance
training providers that renew their certification will receive appropriate
updates at no charge.
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 21, 2009.
TRD-200902998
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission)
adopts amendments to Chapter 427, Training Facility Certification;
Subchapter C, Training Programs for On-Site and Distance Training
Providers; §427.303, Training Approval Process for On-Site and
Distance Training Providers; and §427.305, Procedures for Testing
Conducted by On-Site and Distance Training Providers. These amendments
are adopted without changes to the proposed text published in the
May 29, 2009, issue of the Texas Register (34
TexReg 3347) and will not be republished.
These amendments are to specify deviations from the original course
approval submitted to the Commission. Some language changes were made
for better clarification and to establish performance skills testing
which will not be conducted until after all required training is complete,
and that will facilitate the Commission's ability to audit the skills
testing portion of the test.
No comments were received from the public regarding the proposed
amendments.
These amendments are adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulation and Assisting Fire Fighters
and Fire Departments.
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 21, 2009.
TRD-200902999
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission)
adopts an amendment to Chapter 433, Minimum Standards for Driver/Operator-Pumper; §433.5,
Examination Requirements. This amendment is adopted without changes
to the proposed text as published in the May 29, 2009, issue of the
Texas Register (34 TexReg 3348) and will not be republished.
This amendment is adopted in order to remove restrictions requiring
individuals to take a written test. This change will allow the Commission
the latitude to administer a computer-based test. This change also
restructures the last section to define the requirements that an individual
must meet before taking the test.
No comments were received from the public regarding the proposed amendment.
This amendment is adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
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 21, 2009.
TRD-200903000
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission)
adopts amendments to Chapter 437, Fees; §437.3, Certification
Fees; §437.5, Renewal Fees; and §437.13, Basic Certification
Examination Fees. The amendments are adopted without changes to the
proposed text as published in the May 29, 2009, issue of the
Texas Register (34 TexReg 3348) and will not be republished.
The amendments are adopted in order to raise fees charged by the
Commission to process applications for testing, certification and
renewal of certifications, and associated late fees. The fee increase
was a condition agreed upon by the legislature to supplement the cost
associated with adding seven additional employees to the Commission
staff in order to meet the demands placed upon it by the fire service.
No comments were received from the public regarding the proposed
amendments.
The amendments are adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
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 21, 2009.
TRD-200903001
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
SUBCHAPTER A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §§439.1, 439.3, 439.5, 439.7, 439.9, 439.11, 439.19
The Texas Commission on Fire Protection (Commission)
adopts amendments to Chapter 439, Examinations for Certification;
Subchapter A, Examinations for On-Site Delivery Training; §439.1,
Requirements--General; §439.3, Definitions; §439.5, Procedures; §439.7,
Eligibility; §439.9, Grading; §439.11, Academy Administered
Performance Skill Evaluations; and §439.19, Number of Test Questions.
The amendments are adopted without changes to the proposed text as
published in the May 29, 2009, issue of the Texas
Register (34 TexReg 3350) and will not be republished.
The amendment to §439.1 removes redundant language and language
that is not a requirement to test. Language from another section was
incorporated in order to address the requirements to retest for expired
certifications. The amendment to §439.3 cleans up the language
to clarify intent and meaning. Section 439.5 procedures for test administration
were restructured to facilitate the ability to administer computer-based
tests and not limit the Commission to administering written examinations.
The amendment to §439.7 clarifies the necessary steps to determine
eligibility. The amendment to §439.9 removes language that limited
the Commission to written examinations. The amendment to §439.11
identifies the procedures and time to complete the performance skills
relating to the certification examination process. In §439.19
the word "written" is removed from the section so as not to limit
the Commission in administering only written tests, but to also enable
the Commission to administer computer-based questions. It also identifies
the total number of skills evaluated for each certification and the
minimum number required for a final evaluation.
No comments were received from the public regarding the proposed amendments.
The amendments are adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
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 21, 2009.
TRD-200903002
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
37 TAC §§§439.13, 439.15, 439.17
The Texas Commission on Fire Protection (Commission)
adopts the repeal of Chapter 439, Examinations for Certification,
Subchapter A, Examinations for On-Site Delivery Training; §439.13,
State Administered Performance Skill Evaluation, §439.15, Proof
of Proficiency, and §439.17, Testing for Certification Status.
These sections are adopted without changes as proposed in the May
29, 2009, issue of the Texas Register (34 TexReg 3353).
The Commission adopts this repeal in order to remove the existing
three sections as some of the information was redundant and the required
proof of proficiency and certification status was incorporated into §439.1
as part of the general requirements.
No comments were received from the public regarding this repeal.
This repeal is adopted under Texas Government Code, Chapter
419 , Subchapter B, §419.008, Regulating and Assisting Fire Fighters
and Fire Departments, §419.032, Appointment of Fire Protection
Personnel and §419.035, Certification Examinations.
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 21, 2009.
TRD-200903008
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission)
adopts amendments to Chapter 439, Examinations for Certification,
Subchapter B, Examinations for Distance Training; §439.203, Procedures;
and §439.205, Performance Skill Evaluation. The amendment to §439.203
is adopted without changes to the proposed text as published in the
May 29, 2009, issue of the Texas Register (34
TexReg 3353) and will not be republished. The amendment to §439.205
is adopted with changes to the proposed text and will be republished.
The amendments are adopted for the purpose of removing redundant
language as procedures and skill evaluation requirements are addressed
in Subchapter A, and as they are applicable to all types of training
facilities.
No comments were received from the public regarding the proposed amendments.
The amendments are adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
§439.205.Performance Skill Evaluation.
If the performance skill portion of a state exam is to be evaluated
by an approved field examiner who will not observe the completion
of the skill while in the immediate physical presence of the examinee,
a letter of assurance from the candidate's training officer or fire
chief is required stating that the fire department assures the integrity
of the evaluation procedure. If the candidate is not a member of a
fire department, then a certified fire instructor, fire chief, or
training officer may provide a letter of assurance that meets the
requirements of this section. The provider of distance training is
required to keep a record of this assurance and provide it to the
Commission upon request.
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 21, 2009.
TRD-200903003
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission)
adopts amendments to Chapter 449, Head of a Department; §449.3,
Minimum Standards for Certification as Head of a Suppression Fire
Department; and §449.5 Minimum Standards for Certification as
Head of a Prevention Only Department. These amendments are adopted
with changes to the proposed text published in the May 29, 2009, issue
of the Texas Register (34 TexReg 3354) and will be republished.
These amendments remove the word "written" throughout this chapter
which enables the Commission to administer computer-based examinations.
No comments were received from the public regarding the proposed amendment.
These amendments are adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
§449.3.Minimum Standards for Certification as Head of a Suppression Fire Department.
(a) In order to be certified as a head of a fire department
providing fire suppression, an individual must be appointed as head
of a fire department; and
(1) hold a certification as a fire protection personnel
in any discipline that has a Commission-approved curriculum that requires
structural fire protection personnel certification and five years
experience in a full-time fire suppression position; or
(2) an individual from another jurisdiction who possesses
valid documentation of accreditation from the International Fire Service
Accreditation Congress that is deemed equivalent to the Commission's
approved basic fire suppression curriculum and provide documentation
in the form of a sworn nonself serving affidavit of five years experience
in a full-time fire suppression position; or
(3) provide documentation in the form of a nonself
serving sworn affidavit of ten years experience as an employee of
a local governmental entity in a full-time structural fire protection
personnel position in a jurisdiction other than Texas; and successfully
pass a Commission, Head of Department examination as specified in
Chapter 439 of this title; or
(4) provide documentation in the form of a sworn nonself
serving affidavit of ten years of experience as a certified structural
part-time fire protection employee; or
(5) provide documentation in the form of a sworn nonself
serving affidavit of ten years experience as an active volunteer fire
fighter in one or more volunteer fire departments that meet the requirements
of subsection (b) of this section and successfully pass a Commission,
Head of Department examination as specified in Chapter 439 of this title.
(b) The ten years of volunteer service must include
documentation of attendance at 40% of the drills for each year and
attendance of at least 25% of a department's emergencies in a calendar
year while a member of a volunteer fire department or departments
with 10 or more active members that conducts a minimum of 48 hours
of drills in a calendar year.
(c) Individuals certified as the head of a fire department
must meet the continuing education requirement as provided for in
Chapter 441 of this title.
(d) An individual certified as head of a fire department
under this section may engage in fire fighting activities only as
the head of a fire department. These activities include incident command,
direction of fire fighting activities or other emergency activities
typically associated with fire fighting duties, i.e. rescue, confined
space and hazardous materials response.
§449.5.Minimum Standards for Certification as Head of a Prevention Only Department.
(a) In order to be certified as the head of a fire
department providing fire prevention activities only, an individual
must be appointed as head of a Fire Prevention Department; and
(1) hold a certification as a fire inspector, fire
investigator, or arson investigator and have five years of full-time
experience in fire prevention activities; or
(2) an individual from another jurisdiction who possesses
valid documentation of accreditation from the International Fire Service
Accreditation Congress that is deemed equivalent to the Commission's
approved basic arson investigator, fire investigator or fire inspector
curriculum and provide documentation in the form of a sworn nonself
serving affidavit of five years experience in a full-time fire prevention
position; or
(3) provide documentation in the form of a sworn nonself
serving affidavit of ten years experience as an employee of a local
governmental entity in a full-time fire inspector, fire investigator,
or arson investigator position in a jurisdiction other than Texas
and successfully pass a Commission, Head of Department examination
as specified in Chapter 439 of this title; or
(4) provide documentation in the form of a sworn nonself
serving affidavit of ten years experience as a certified fire investigator,
fire inspector or arson investigator as a part-time fire prevention
employee; or
(5) provide documentation in the form of a sworn nonself
serving affidavit of ten years experience as an active volunteer fire
inspector, fire investigator, or arson investigator with ten years
experience in fire prevention and successfully pass a Commission Head
of Department examination as specified in Chapter 439 of this title.
(b) Individuals certified as the head of a fire department
under this section must meet the continuing education requirement
as provided for in Chapter 441 of this title.
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 21, 2009.
TRD-200903004
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
SUBCHAPTER A. MINIMUM STANDARDS FOR FIRE OFFICER I
The Texas Commission on Fire Protection (Commission)
adopts amendments to Chapter 451, Fire Officer; Subchapter A, Minimum
Standards for Fire Officer I; §451.5, Examination Requirements.
The amendment is adopted with changes to the proposed text as published
in the May 29, 2009, issue of the Texas Register
(34 TexReg 3355) and will be republished.
The amendment is adopted to allow the Commission the latitude to
administer a computer-based test, and also restructures the last section
to define the requirements an individual must meet before they take a test.
No comments were received from the public regarding the proposed
amendment.
The amendment is adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
§451.5.Examination Requirements.
(a) Examination requirements of Chapter 439 of this
title (relating to Examinations for Certification) must be met in
order to receive Fire Officer I certification.
(b) Individuals will be permitted to take the Commission
examination for Fire Officer I certification by documenting the following:
Structure Fire Protection Personnel certification and Fire Service
Instructor certification through the Commission or the equivalent
IFSAC seals, and completing a Commission-approved Fire Officer I curriculum.
(c) No individual will be permitted to take the Commission
examination for Fire Officer I certification unless the individual
documents completion of the Fire Fighter I and Fire Fighter II level
training as required by Chapter 1, Basic Fire Suppression, of the
Commission's Certification Curriculum Manual and holds, as a minimum,
Fire Service Instructor I certification through the Commission, or
documents accreditation from International Fire Service Accreditation
Congress as an Instructor I.
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 21, 2009.
TRD-200903005
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission)
adopts amendments to Chapter 451, Fire Officer; Subchapter B, Minimum
Standards for Fire Officer II; §451.205, Examination Requirements.
The amendment is adopted with changes to the proposed text as published
in the May 29, 2009, issue of the Texas Register
(34 TexReg 3356) and will be republished.
The amendment is adopted to remove restrictions requiring individuals
to take a written test. This amendment will allow the Commission the
latitude to administer a computer-based test and also restructures
the last section to define the requirements an individual must meet
before they can take a test.
No comments were received from the public regarding the proposed
amendment.
The amendment is adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
§451.205.Examination Requirements.
(a) Examination requirements of Chapter 439 of this
title (relating to Examinations for Certification) must be met in
order to receive Fire Officer II certification.
(b) Individuals will be permitted to take the Commission
examination for Fire Officer II certification by documenting the following:
Structure Fire Protection Personnel certification, Fire Service Instructor
certification and Fire Officer I certification through the Commission
or the equivalent IFSAC seals, and completing a Commission-approved
Fire Officer II curriculum.
(c) No individual will be permitted to take the Commission
examination for Fire Officer II certification unless the individual
documents completion of the Fire Fighter I and Fire Fighter II level
training as required by Chapter 1, Basic Fire Suppression, of the
Commission's Certification Curriculum Manual and holds, as a minimum,
Fire Service Instructor I certification through the Commission, or
documents accreditation from the International Fire Service Accreditation
Congress as an Instructor I.
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 21, 2009.
TRD-200903006
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission)
adopts an amendment to Chapter 453, Minimum Standards for Hazardous
Materials Technician; §453.5, Examination Requirements. The amendment
is adopted without changes to the proposed text as published in the
May 29, 2009, issue of the Texas Register (34
TexReg 3356) and will not be republished.
The amendment is adopted to remove the restriction requiring individuals
to take a written test. This change would allow the Commission to
administer a computer-based test and also restructures the last section
to define the requirements that an individual must meet before they
can take a test.
There were no comments from the public regarding this proposed amendment.
This amendment is adopted under Texas Government Code,
Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters
and Fire Departments.
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 21, 2009.
TRD-200903007
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 10, 2009
Proposal publication date: May 29, 2009
For further information, please call: (512) 936-3838
SUBCHAPTER D. PUBLIC INFORMATION POLICIES
SUBCHAPTER I. FEES FOR COPIES OF RECORDS
SUBCHAPTER W. SENATE BILL 1074 VIDEO UNITS
CHAPTER 14. SCHOOL BUS SAFETY STANDARDS
PART 13. TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 427. TRAINING FACILITY CERTIFICATION
SUBCHAPTER C. TRAINING PROGRAMS FOR ON-SITE AND DISTANCE TRAINING PROVIDERS
CHAPTER 433. MINIMUM STANDARDS FOR DRIVER/OPERATOR-PUMPER
CHAPTER 437. FEES
CHAPTER 439. EXAMINATIONS FOR CERTIFICATION
SUBCHAPTER B. EXAMINATIONS FOR DISTANCE TRAINING
CHAPTER 449. HEAD OF A FIRE DEPARTMENT
CHAPTER 451. FIRE OFFICER
SUBCHAPTER B. MINIMUM STANDARDS FOR FIRE OFFICER II
CHAPTER 453. MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN