PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 463. ADVISORY COMMITTEES, PRACTICE AND PROCEDURES

37 TAC §§463.1, 463.3, 463.5, 463.7, 463.9, 463.11, 463.13, 463.15, 463.17

The Texas Commission on Fire Protection (the Commission) adopts a new chapter, 37 Texas Administrative Code Chapter 463, Advisory Committees, Practice and Procedures, concerning §463.1 Objective, §463.3 General, §463.5 Eligibility, §463.7 Terms, §463.9 Meetings, §463.11 Limitation of Powers, §463.13 Testimony, §463.15 Expulsion, and §463.17 Abolishment Date. The new chapter is adopted without changes to the text as published in the October 20, 2023, issue of the Texas Register (48 TexReg 6196). These rules will not be republished.

The new chapter aims to establish rules governing the Commission's advisory committees under Texas Government Code §419.908(f). This new chapter and rules implement a Sunset Commission's recommendation and Senate Bill 709 as passed by the 87th legislature. The chapter enhances transparency by setting out the objectives of the committees, and eligibility for membership, creates staggered terms and term limits, open meeting requirements, limits committees to recommendations only, and addresses public testimony, expulsion, and abolishment. The new chapter ensures each committee continues to achieve the objectives set out by law and rule, and requires the Commission to evaluate the need for the committee and continuation of each committee every four years. The new chapter also implements requirements of Texas Government Code §2110.005, and §2110.008, by setting out by rule the purpose of the committee, the manner the committee will report to the Commission, and the duration of the committees. No other statutes, articles, or codes are affected by these amendments.

No comments were received from the public regarding the adoption of the new rule.

The rule is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2023.

TRD-202304326

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: December 10, 2023

Proposal publication date: October 20, 2023

For further information, please call: (512) 936-3841