REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Commission on Fire Protection

Tile 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 441, concerning Continuing Education. Chapter 441 consists of, §441.1, Objective, §441.3, Definitions, §441.5, Requirements, §441.7, Continuing Education for Structure Fire Protection Personnel, §441.9, Continuing Education for Aircraft Rescue Fire Fighting Personnel, §441.11, Continuing Education for Marine Fire Protection Personnel, §441.13, Continuing Education for Fire Inspection Personnel, §441.15, Continuing Education for Arson Investigator or Fire Investigator, §441.17, Continuing Education for Hazardous Materials Technician, §441.19, Continuing Education for Head of a Fire Department, §441.21, Continuing Education for Fire Service Instructor, and §441.23 Continuing Education for Wildland Fire Fighter.

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-201702110

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 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 453, concerning Hazardous Materials. Chapter 453 consists of Subchapter A, Minimum Standards For Hazardous Materials Technician, §453.1, Hazardous Materials Technician Certification, §453.3, Minimum Standards For Hazardous Materials Technician Certification, §453.5, Examination Requirements, §453.7, International Fire Service Accreditation Congress (IFSAC) Seal, Subchapter B, Minimum Standards For Hazardous Materials Incident Commander, §453.201, Hazardous Materials Incident Commander Certification, §453.203, Minimum Standards For Hazardous Materials Incident Commander, and §453.205, 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 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-201702111

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 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 457, concerning Minimum Standards For Incident Safety Officer Certification. Chapter 457 consists of §457.1, Incident Safety Officer Certification, §457.3, Minimum Standards For Incident Safety Officer Certification, and §457.5, 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-201702112

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


Adopted Rule Reviews

Commission on State Emergency Communications

Title 1, Part 12

The Commission on State Emergency Communications (CSEC) has concluded the statutory review of its Chapter 253 rules. Based on its review, CSEC readopts without amendment §§253.1, 253.4, and 253.5. In the Proposed Rules section of this issue of the Texas Register, CSEC proposes for comment amendments to §251.2, relating to bid opening and tabulation (including a change in the title of the rule), and §251.3, relating to protest procedures.

CSEC's notice of intent to review its Chapter 253 rules was published in the April 7, 2017, issue of the Texas Register (42 TexReg 1929). The review assessed and determined that the original reasons and justification for adopting each rule continue to exist and remain valid; each rule is required by statute.

Chapter 253 consists of the following rules:

§253.1 Petitions for Rulemaking before the Commission

§253.2 Bid Opening and Tabulation

§253.3 Protest Procedures

§253.4 Negotiated Rulemaking and Alternative Dispute Resolution

§253.5 Enhanced Contract and Performance Monitoring

No comments were received regarding CSEC's notice of review. This notice concludes CSEC's review of its Chapter 253 rules.

TRD-201702113

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Filed: May 25, 2017


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 401, concerning Practice and Procedure. 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).

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 401.

TRD-201702097

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 425, concerning Fire Service Instructors. 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 496).

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 425.

TRD-201702098

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 431, concerning Fire Investigation. 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 496).

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 431.

TRD-201702099

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 433, concerning Driver/Operator. 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 496).

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 433.

TRD-201702100

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 435, concerning Fire Fighter Safety. 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 496).

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 435.

TRD-201702101

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 437, concerning Fees. 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 497).

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 437.

TRD-201702102

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 443, concerning Certification Curriculum Manual. 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 497).

The commission has determined that the reasons for initially adopting the rule continues to exist and readopts the chapter.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 443.

TRD-201702103

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 445, concerning Certification Curriculum Manual. 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 497).

The commission has determined that the reasons for initially adopting the rule continues to exist and readopts the chapter.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 445.

TRD-201702104

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 447, concerning Part-Time Fire Protection Employee. 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 498).

The commission has determined that the reasons for initially adopting the rule continues to exist and readopts the chapter.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 447.

TRD-201702106

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 491, concerning Voluntary Regulation of State Agencies and State Agency Employees. 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 498).

The commission has determined that the reasons for initially adopting the rule continues to exist and readopts the chapter.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 491.

TRD-201702107

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 493, concerning Voluntary Regulation of Federal Agencies and Federal Fire Fighters. 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 498).

The commission has determined that the reasons for initially adopting the rule continues to exist and readopts the chapter.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 493.

TRD-201702108

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017


The Texas Commission on Fire Protection (commission) adopts the review of Texas Administrative Code, Title 37, Part 13, Chapter 495, concerning Regulation of Nongovernmental Departments. 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 498).

The commission has determined that the reasons for initially adopting the rule continues to exist and readopts the chapter.

This concludes the review of Texas Administrative Code, Title 37, Part 13, Chapter 495.

TRD-201702109

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Filed: May 25, 2017