85R4928 CJC-F     By: Alonzo H.B. No. 1009       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of firefighters and fire departments by   the Texas Commission on Fire Protection.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 419, Government Code, is   amended by adding Section 419.0323 to read as follows:          Sec. 419.0323.  RESTRICTIONS ON CERTAIN CERTIFICATE   HOLDERS. (a)  An employee of a municipality that has adopted   Chapter 143, Local Government Code, may not perform a duty that is   classified as a wildland firefighting duty, including conducting a   prescribed burn, unless that person is a permanent, full-time fire   department civil service employee regularly assigned to perform one   or more duties listed under Section 419.021(3)(C), regardless of   whether the person holds a certificate issued by the commission   under this chapter.          (b)  This section does not prohibit a municipal employee from   performing a duty that may be classified as a wildland firefighting   duty if the municipal employee:                (1)  is not acting as an employee of a municipality when   performing the duty; and                (2)  is acting as a member of a volunteer fire   department when performing the duty.          (c)  This section may not be construed to prohibit a person   certified as fire protection personnel by the commission from   performing a wildland firefighting duty, including conducting a   prescribed burn, under the supervision of a fire department in the   area in which the fire department is authorized to act.          (d)  The commission shall adopt and implement rules relating   to the application of this section to a fire department.          SECTION 2.  The Texas Commission on Fire Protection shall   adopt the rules required under Section 419.0323, Government Code,   as added by this Act, not later than January 1, 2018.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.