HBA-CMT H.B. 1529 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1529 By: Bailey Urban Affairs 3/5/2001 Introduced BACKGROUND AND PURPOSE Currently the Texas Commission on Fire Protection establishes standards for and regulates both paid and volunteer firefighters. House Bill 1529 requires covered fire departments to adopt standard operating procedures which generally conform to the standards established by the National Fire Protection Association (NFPA), and allows for deviation from NFPA standards in delineated circumstances. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1529 amends the Government and Local Government codes to require a fire department to develop, maintain, and use a standard operating procedure covering fire protection personnel operating at emergency incidents. The procedure is required to specify an adequate number of personnel to safely conduct emergency scene operations, and limit operations to those that can be safely performed by the personnel available at the scene. The department must require all personnel to be trained in and to use the standard operating procedure pertaining to fire protection personnel operating at emergency incidents. The standard operating procedure adopted by the fire department is required to comply with the minimum standards established by the National Fire Protection Association (NFPA) or its successor in function. The bill authorizes a fire department to deviate from minimum standards established by the NFPA or its successor in developing a standard operating procedure covering fire protection personnel operating at emergency incidents only if: _The department head files a letter with the Texas Commission on Fire Protection identifying and explaining each deviation from NFPA standards, and stating the reasons the department concluded compliance was not necessary; and _the governing body of the municipality served by the fire department waives the municipality's immunity under provisions for worker's compensation insurance against claims by fire fighters for personal injury or death caused in whole or in part by the fire department's deviation from NFPA standards. The bill requires that all firefighter work be performed and supervised by classified fire department personnel. EFFECTIVE DATE September 1, 2001.