REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Commission on Fire Protection

Title 37, Part 13

The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 403, concerning Criminal Convictions and Eligibility for Certification. Chapter 403 consists of §403.1 Purpose, §403.3, Scope, §403.5, Access to Criminal History Record Information, §403.7, Criminal Convictions Guidelines, §403.9 Mitigating Factors, §403.11, Procedures for Suspension, Revocation, or Denial of a Certificate to Persons with Criminal Backgrounds, §403.15, Report of Convictions by an Individual or Department.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.

The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702925

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 421, concerning Standards for Certification. Chapter 421 consists of §421.1, Procedures for Meetings, §421.3, Minimum Standards Set by the Commission, §421.5, Definitions, §421.9, Designation of Fire Protection Duties, §421.11, Requirement to Be Certified Within One Year, §421.13, Individual Certificate Holders, §421.15, Extension of Training Period, and §421.17, Requirement to Maintain Certification.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rules continue to exist.

The Texas Commission on Fire Protection, which administers these rules, believes that the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702926

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 427, concerning Training Facility Certification. Chapter 427 consists of Subchapter A, On-Site Certified Training Provider, §427.1, Minimum Standards for Certified Training Facilities for Fire Protection Personnel, §427.3, Facilities, §427.5, Apparatus, §427.7, Protective Clothing, §427.9, Equipment, §427.11, Reference Material, §427.13, Records, §427.18, Live Fire Training Evolutions, and §427.19, General Information, Subchapter B, Distance Training Provider, §427.201, Minimum Standards for Distance Training Provider, §423.203, Records, and §423.209, General Information, Subchapter C, Training Programs For On-Site and Distance Training Providers, §427.301, General Provisions for Training Programs--On-Site and Distance Training Providers, §427.303, Training Approval Process for On-Site and Distance Training Providers, §427.305, Procedures for Testing Conducted by On-Site and Distance Training Providers, and §427.307, On-Site and Distance Training Provider Staff Requirements, and Subchapter D, Certified Training Facilities, §427.401, General Provisions for Training Facilities not Owned by the State of Texas or Operated by a Political Subdivision of the State of Texas, §401.403, Financial Standards, §427.405, Policy Regarding Complaints, §427.407, School Responsibilities Regarding Instructors, §427.409, Advertising, §427.411, Cancellations or Suspensions, and §427.413, Liabilities.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.

The Texas Commission on Fire Protection, which administers these rules, believes that the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702927

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 429, concerning Minimum Standards For Fire Inspector Certification. Chapter 429 consists of §429.201, Minimum Standards For Fire Inspector Personnel, §429.203, Minimum Standards For Basic Fire Inspector Certification, §429.205, Minimum Standards For Intermediate Fire Inspector Certification, §429.207, Minimum Standards For Advanced Fire Inspector Certification, §429.209, Minimum Standards For Master Fire Inspector Certification, and §429.211, International Fire Service Accreditation Congress (IFSAC) Seal.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.

The Texas Commission on Fire Protection, which administers these rules, believes that the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702928

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 439, concerning Examinations For Certification. Chapter 439 consists of 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, Commission-Designated Performance Skill Evaluations, §439.13, Special Accommodations For Testing, and §439.19, Number of Test Questions; and Subchapter B, Examinations For Distance Training, §439.201, Requirements--General, and §439.205, Performance Skill Evaluation.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.

The Texas Commission on Fire Protection, which administers these rules, believes that the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702929

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 449, concerning Head of a Fire Department. Chapter 449 consists of Subchapter A, Minimum Standards For Head of a Suppression Fire Department, §449.1, Minimum Standards for the Head of a Suppression Fire Department, §449.3, Minimum Standards for Head of a Suppression Fire Department Certification, and Subchapter B, Minimum Standards for Head of a Prevention Only Fire Department, §449.201, Minimum Standards for the Head of a Prevention Only Department, and §449.203, Minimum Standards for Head of a Prevention Only Fire Department Certification.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.

The Texas Commission on Fire Protection, which administers these rules, believes that the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702930

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 451, concerning Fire Officer. Chapter 451 consists of Subchapter A, Minimum Standards For Fire Officer I, §451.1, Fire Officer I Certification, §451.3, Minimum Standards For Fire Officer I Certification, §451.5, Examination Requirements, and §451.7, International Fire Service Accreditation Congress (IFSAC) Seal, Subchapter B, Minimum Standards For Fire Officer II, §451.201, Fire Officer II Certification, §451.203, Minimum Standards For Fire Officer II Certification, §451.205, Examination Requirements, and §451.207, International Fire Service Accreditation Congress (IFSAC) Seal, Subchapter C, Minimum Standards for Fire Officer III, §451.301, Fire Officer III Certification, §451.303, Minimum Standards for Fire Officer III Certification, §451.305, Examination Requirements, and §451.307, International Fire Service Accreditation Congress (IFSAC) Seal, and Subchapter D, Minimum Standards For Fire Officer IV, §451.401, Fire Officer IV Certification, §451.403, Minimum Standards for Fire Officer IV Certification, §451.405, Examination Requirements, and §451.407, International Fire Service Accreditation Congress (IFSAC) Seal.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.

The Texas Commission on Fire Protection, which administers these rules, believes that the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702931

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 455, concerning Minimum Standards For Wildland Fire Protection Certification. Chapter 455 consists of §455.1, Minimum Standards for Wildland Fire Protection Personnel, §455.3, Minimum Standards For Basic Wildland Fire Protection Certification, §455.5, Minimum Standards for Intermediate Wildland Fire Protection Certification and, §455.7, Examination Requirements.

This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.

The Texas Commission on Fire Protection, which administers these rules, believes that the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email at info@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

TRD-201702932

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


Adopted Rule Reviews

Texas Commission on Fire Protection

Title 37, Part 13

The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 423, concerning Fire Suppression. The review was conducted pursuant to Texas Government Code, Chapter 2001, §2001.039.

The commission received no comments on the proposed rule review, which was published in the February 3, 2017, issue of the Texas Register (42 TexReg 495).

As a result of the review, the following Subchapters are being amended, Subchapter A, §§423.1, 423.3, 423.5, 423.7, 423.9, 423.11, 423.13, Subchapter B, §§423.201, 423.203, 423.205, 423.207, 423.209, 423.211, and Subchapter C, §§423.301, 423.303, 423.305, 423.307, and 423.309. The sections are being amended in separate rulemakings in accordance with the Texas Administrative Procedures Act.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 423.

TRD-201702921

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 441, concerning Continuing Education. The review was conducted pursuant to Texas Government Code, Chapter 2001, §2001.039.

The commission received no comments on the proposed rule review, which was published in the June 9, 2017, issue of the Texas Register (42 TexReg 3019).

The commission has determined that the reasons for initially adopting the rule continues to exist and readopts the chapter without changes.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 441.

TRD-201702922

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 453, concerning Hazardous Materials. The review was conducted pursuant to Texas Government Code, Chapter 2001, §2001.039.

The commission received no comments on the proposed rule review, which was published in the June 9, 2017, issue of the Texas Register (42 TexReg 3019).

The commission has determined that the reasons for initially adopting the rule continue to exist and readopts the chapter without changes.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 453.

TRD-201702923

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 457, concerning Minimum Standards For Incident Safety Officer Certification. The review was conducted pursuant to Texas Government Code, Chapter 2001, §2001.039.

The commission received no comments on the proposed rule review, which was published in the June 9, 2017, issue of the Texas Register (42 TexReg 3019).

The commission has determined that the reasons for initially adopting the rule continue to exist and readopts the chapter without changes.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 457.

TRD-201702924

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: August 3, 2017