Proposed Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 449. HEAD OF A FIRE DEPARTMENT

The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 449, Head of a Fire Department, Subchapter A, Minimum Standards for Head of a Suppression Fire Department, concerning §449.3, Minimum Standards for the Head of a Suppression Fire Department Certification and Subchapter B, Minimum Standards For Head of a Prevention Only Fire Department, concerning §449.203, Minimum Standards for the Head of a Prevention Only Fire Department Certification.

The purpose of the proposed amendments in §449.3 and §449.203 add additional meeting options for the certification requirements.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tim Rutland, Executive Director, has determined that for each year of the first five-year period that the proposed amendments are in effect, there will be no significant fiscal impact on state government or local governments.

PUBLIC BENEFIT

Mr. Rutland has also determined that for each year of the first five years, the proposed amendments are in effect, public benefit from the passage would result from a larger pool of experienced individuals potentially being able to qualify for appointment to a department head position.

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES AND RURAL COMMUNITIES:

There will be no effect on small or micro businesses as described in the Texas Government Code, Chapter 2006. Rural communities may benefit from decreased costs associated with searches for department head candidates and/or the selection process.

GOVERNMENT GROWTH IMPACT STATEMENT

The agency has determined that during the first five years, the amended rules are in effect:

(1) the rules will not create or eliminate a government program;

(2) the rules will not require the creation or elimination of employee positions;

(3) the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not result in an increase or decrease in fees paid to the agency;

(5) the rules will not create a new regulation;

(6) the rules will not expand or repeal an existing regulation;

(7) the rules will not change the number of individuals subject to the rules; and

(8) the rules are not anticipated to have an adverse impact on the state's economy.

TAKINGS IMPACT ASSESSMENT

The commission has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

REQUIREMENT FOR RULE INCREASING COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to the proposed rules because §2001.0045(c)(6) exempts the agency because agency rules are necessary to protect the health, safety and welfare of the residents of this state.

Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768, or e-mailed to frank.king@tcfp.texas.gov. Comments will be reviewed and discussed at a future commission meeting.

SUBCHAPTER A. MINIMUM STANDARDS FOR HEAD OF A SUPPRESSION FIRE DEPARTMENT

37 TAC §449.3

The amendments are proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties and §419.032 which provides the commission the authority to propose rules regarding qualifications and competencies for fire protection personnel.

The proposed amendments implement Texas Government Code, Chapter 419, §419.008 and §419.032.

§449.3.Minimum Standards for Head of a Suppression Fire Department Certification.

Applicants for Head of a Suppression Fire Department Certification must complete the following requirements:

(1) must be appointed as head of a fire department; and

(2) complete the Standards Review Assignment for Head of a Fire Department identified in the applicable chapter of the Certification Curriculum Manual; and

(3) meet with a Texas Commission on Fire Protection Compliance Section representative for review and approval of the Standards Review Assignment; and

(4) attend at least one Texas Commission on Fire Protection regularly scheduled commission meeting, [or] one regularly scheduled standing committee meeting (Firefighter Advisory, Curriculum, and Testing, or Health and Wellness), or a scheduled regional meeting [~~fire fighter advisory committee meeting~~] in the first year of appointment; and

(5) document completion of the National Incident Management System courses 100, 200, 300, 400, 700, and 800.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 9, 2024.

TRD-202404253

Frank King

General Counsel

Texas Commission on Fire Protection

Earliest possible date of adoption: October 20, 2024

For further information, please call: (512) 936-3842

SUBCHAPTER B. MINIMUM STANDARDS FOR HEAD OF A PREVENTION ONLY FIRE DEPARTMENT

37 TAC §449.203

§449.203.Minimum Standards for Head of a Prevention Only Fire Department Certification.

Applicants for Head of a Prevention Only Fire Department Certification must complete the following requirements:

(1) must be appointed as head of a prevention only fire department; and