TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 403. CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION

37 TAC §403.5

The Texas Commission on Fire Protection (the commission) adopts amendments to Chapter 403, Criminal Convictions and Eligibility for Certification, concerning §403.5, Access to Criminal History Record Information. The amendments are adopted without changes to the proposed text as published in the November 25, 2016, issue of the Texas Register (41 TexReg 9233) and will not be republished.

The amendments are adopted to better define the procedures for submittal of a request for early review of information by an individual for certification.

The adopted amendments clarify the responsibilities of both the individual submitting the review request as well as that of the agency.

No comments were received from the public regarding adoption of the amendments.

The amendments are adopted under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to adopt rules for the administration of its powers and duties; §419.032, which allows the commission to appoint fire protection personnel; and §419.0325, which allows the commission to obtain criminal history record information.

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 January 6, 2017.

TRD-201700078

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Effective date: January 26, 2017

Proposal publication date: November 25, 2016

For further information, please call: (512) 936-3812


CHAPTER 437. FEES

37 TAC §437.19

The Texas Commission on Fire Protection (the commission) adopts a new section to Chapter 437, Fees, concerning §437.19, Early Review Fees, without changes to the proposed text as published in the November 25, 2016, Texas Register (41 TexReg 9234) and will not be republished.

The new rule is adopted to establish a fee for conducting an early review of an individual's criminal history to determine eligibility for certification which can devote a notable amount of staff time depending upon an individual's record.

The adopted new section informs individuals in advance if they are eligible for certification before enrolling in a training program or applying for certification.

No comments were received from the public regarding adoption.

The new section is adopted under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to adopt rules for the administration of its powers and duties; §419.032 which allows the commission to appoint fire protection personnel; and §419.0325 which allows the commission to obtain criminal history record information.

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 January 6, 2017.

TRD-201700079

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Effective date: January 26, 2017

Proposal publication date: November 25, 2016

For further information, please call: (512) 936-3812


CHAPTER 457. MINIMUM STANDARDS FOR INCIDENT SAFETY OFFICER CERTIFICATION

37 TAC §457.3, §457.5

The Texas Commission on Fire Protection (the commission) adopts amendments to Chapter 457, Minimum Standards For Incident Safety Officer Certification, concerning, §457.3, Minimum Standards For Incident Safety Officer Certification; and §457.5, Examination Requirements. The amendments are adopted without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9447) and will not be republished.

The amendments are adopted to accommodate the agency's current practice regarding development of curricula.

The adopted amendments will clarify rules regarding the requirements for the completion of in-state and other training necessary to qualify a person to take the state examination for Incident Safety Officer.

No comments were received from the public regarding adoption of the amendments.

The amendments are adopted 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; §419.032 which allows the commission to appoint fire protection personnel.

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 January 6, 2017.

TRD-201700080

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Effective date: January 26, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 936-3812