By: Alonzo, Workman 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 fighting a   wildfire event that began as a prescribed burn, unless that person   is:                (1)  a permanent, full-time fire department civil   service employee regularly assigned to perform one or more duties   listed under Section 419.021(3)(C); or                (2)  certified by the commission to conduct fire   suppression in a wildland or wildland-urban interface setting and   is performing the wildland firefighting duty under the supervision   of a fire department that is authorized to act in the area in which   the wildland firefighting duty is being performed.          (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   municipal employee from performing a prescribed burn in accordance   with Chapter 153, Natural Resources Code, if:                (1)  the prescribed burn is monitored by one or more   permanent, full-time fire department civil service employees   regularly assigned to perform one or more duties listed under   Section 419.021(3)(C); and                (2)  a fire department employee described by   Subdivision (1):                      (A)  reviews the burn plan for the prescribed burn   and collaborates with the prescribed burn manager to ensure the   prescribed burn is conducted safely and within the burn plan   limits; and                      (B)  has the authority to stop any action relating   to the prescribed burn determined by the fire department employee   to be unsafe and to take corrective action, including by:                            (i)  stopping an unsafe firefighting   practice;                            (ii)  terminating the prescribed burn to   avoid extreme fire behavior; and                            (iii)  assuming incident command and   converting to emergency firefighting operations if such action is   determined necessary by the fire department employee.          (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.