PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 443. CERTIFICATION CURRICULUM MANUAL

37 TAC §§443.1, 443.3, 443.5, 443.7, 443.9

The Texas Commission on Fire Protection (commission) proposes amendments to 37 Texas Administrative Code Chapter 443, Certification Curriculum Manual, §443.1, Approval by the Curriculum and Testing Committee, §443.3, Approval by the Texas Commission on Fire Protection, §443.5, Effective Date of New or Revised Curricula and Training Programs Required by Law or Rule, §443.7, Effective Date of New or Revised Curricula and Training Programs Which are Voluntary, and §443.9, National Fire Protection Association Standard.

BACKGROUND AND PURPOSE

The purpose of the proposed amendments to the rule is to reflect changes to how the Commission will accept proposed changes to the Curriculum Manual. Previously, proposed changes were filtered through the Fire Fighter Advisory Committee to the Commission for final approval. The Commission is proposing that the Curriculum and Testing Committee will now take any proposed changes directly to the Commission.

FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT

Michael Wisko, Agency Chief, has determined that for each year of the first five-year period the proposed amendments are in effect, there will be no significant fiscal impact to state government or local governments as a result of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4).

PUBLIC BENEFIT AND COST NOTE

Mr. Wisko has also determined under Texas Government Code §2001.024(a)(5) that for each year of the first five years the amendments are in effect the public benefit will be accurate, clear, and concise rules.

LOCAL ECONOMY IMPACT STATEMENT

There is no anticipated effect on the local economy for the first five years that the proposed amendments are is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).

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

Mr. Wisko has determined there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these amendments. Therefore, no economic impact statement or regulatory flexibility analysis, as provided by Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT

The agency has determined under Texas Government Code §2006.0221 that during the first five years the amendments are in effect:

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

(2) the rules will not create or eliminate any existing employee positions;

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

(4) the rules will not result in a decrease in fees paid to the agency;

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

(6) the rules will not expand a regulation;

(7) the rules will not increase the number of individuals subject to the rule; 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 Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS

The proposed amendments do not impose a cost on regulated persons, including another state agency, a special district, or a local government, and, therefore, is not subject to Texas Government Code §2001.0045.

ENVIRONMENTAL IMPACT STATEMENT

The commission has determined that the proposed amendments do not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register, to Michael Wisko, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768, or e-mailed to amanda.khan@tcfp.texas.gov.

STATUTORY AUTHORITY

The amended rule is proposed 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 proposed under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.036, which authorizes the commission to adopt rules establishing the requirements for certification.

CROSS-REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§443.1.Approval by the Curriculum and Testing [Fire Fighter Advisory] Committee.

(a) All proposals for new or revised curricula and training programs must be submitted to the Fire Fighter Advisory Committee for approval.

(b) The Curriculum and Testing [Fire Fighter Advisory] Committee may:

(1) submit proposals to a subcommittee formed of members of the Curriculum and Testing [Fire Fighter Advisory] Committee for study and review before approval; or

(2) submit proposals to an advisory committee formed of members of the fire service who are recommended by the Curriculum and Testing [Fire Fighter Advisory] Committee and appointed by the commission to report to the Curriculum and Testing [Fire Fighter Advisory] Committee, for study and review beforeapproval.

(c) All proposals approved by the Curriculum and Testing [Fire Fighter Advisory] Committee shall be placed on the next scheduled meeting agenda of the Texas Commission on Fire Protection.

§443.3.Approval by the Texas Commission on Fire Protection.

(a) All proposals for new or revised curricula and training programs approved by the Curriculum and Testing [Fire Fighter Advisory] Committee must receive final approval by the Texas Commission on Fire Protection.

(b) Proposals not approved by the commission shall be sent back to the committee for further development. The commission shall indicate to the committee the reasons that the proposals were not approved.

§443.5.Effective Date of New or Revised Curricula and Training Programs Required by Law or Rule.

(a) New curricula and training programs will become effective on January 1 of the year following final approval by the commission or on the date specified by the commission.

(b) Changes to curricula and training programs will become effective on January 1 of the year following final approval by the commission or on the date specified by the commission.

(c) Changes to curricula and training programs which involve reference materials will become effective on January 1 of the year following final approval by the commission or on the date specified by the commission, as recommended by the Curriculum and Testing [Fire Fighter Advisory] Committee, depending on the impact the change will have on the curricula or training programs.

(d) Changes to curricula and training programs that involve a safety consideration as determined by the Curriculum and Testing [Fire Fighter Advisory] Committee shall become effective immediately following final approval by the commission.

§443.7.Effective Date of New or Revised Curricula and Training Programs Which Are Voluntary.

(a) New curricula and training programs will become effective on the date recommended by the Curriculum and Testing [Fire Fighter Advisory] Committee and specified by the commission.

(b) Changes to curricula and training programs will become effective on the date recommended by the Curriculum and Testing [Fire Fighter Advisory] Committee and specified by the commission.

(c) Changes to curricula and training programs that involve a safety consideration as determined by the Curriculum and Testing [Fire Fighter Advisory] Committee shall become effective immediately following final approval by the commission.

§443.9.National Fire Protection Association Standard.

(a) All curricula and training programs must, as a minimum, meet the standards, to include manipulative skills objectives and knowledge objectives, of the current NFPA standard pertaining to the discipline, if such a standard exists and is subject to subsection (c) of this section.

(b) New curricula and training programs presented to the Curriculum and Testing [Fire Fighter Advisory] Committee must, as a minimum, meet the standards of the current edition of the applicable NFPA standard for the discipline, if such a standard exists.

(c) If an [a] NFPA standard is adopted or an existing NFPA standard is revised, all curricula and training programs must meet the standards of the new or revised applicable NFPA standard within three years of the official adoption date of the applicable NFPA standard.

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 May 15, 2023.

TRD-202301786

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: July 2, 2023

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