HBA-CMT H.B. 2245 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2245
By: Ehrhardt
Urban Affairs
4/9/2001
Introduced



BACKGROUND AND PURPOSE 

In the aftermath of the February 15, 1999 fire at a church in Lake Worth,
Texas in which three volunteer firefighters were killed, investigators
found that certain standard safety training and special safety equipment
might have prevented the deaths.  House Bill 2245 establishes various
safety requirements for training, procedures, and equipment that comply
with the minimum safety standards set by the National Fire Protection
Association. 

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 2245 amends the Government Code to require a fire department to
purchase, provide, and maintain a complete ensemble of appropriate
protective clothing for each of its fire protection personnel who may be
exposed to hazardous conditions from a fire or other emergencies.  The bill
requires the fire department to develop and maintain a standard operating
procedure on the proper use, selection, care, and maintenance of the
department's protective clothing (Sec. 419.040).   

The bill requires a fire department to furnish a self-contained breathing
apparatus to all of its fire protection personnel who engage in operations
in which the personnel may encounter unknown atmospheres or atmospheres
immediately or potentially dangerous to a person's life or health.  The
bill requires the fire department to develop and maintain a standard
operating procedure on the proper use, care, selection, and maintenance of
all the fire department's breathing apparatus.  The bill sets forth
requirements for the testing of the breathing apparatus (Sec. 419.041). 

The bill requires a fire department to purchase, provide, and maintain a
personal alert safety system for the fire protection personnel who may be
exposed to hazardous conditions from fire or other emergencies. The bill
requires a fire department to develop and maintain a standard operating
procedure on the proper use, selection, care, and maintenance of the system
(Sec. 419.042). 

The bill provides that the National Fire Protection Association standard
that is applicable to protective clothing, self-contained breathing
apparatus, or personal alert safety systems is the standard in effect when
a fire-fighting agency contracts to purchase the item.  A fire-fighting
agency is authorized to continue use of an item that was in use or
contracted for use before a change in a standard unless the Texas
Commission on Fire Protection (commission) determines the continued use
constitutes an undue risk to the wearer (Sec. 419.043). 

The bill requires a fire department to develop, maintain, and use an
incident management system.  The bill requires a fire department to require
all fire protection personnel to be trained in and use the incident
management system.  The bill requires the system to be applied to all
drills, exercises, and other situations involving hazards similar to those
encountered at actual emergency incidents (Sec. 419.044). 
 
The bill requires a fire department to develop, maintain, and use a
standard operating procedure for personnel accountability, and  to require
that all fire protection personnel be trained in and use the personnel
accountability system.  The procedure is required to provide for a rapid
accounting procedure for all personnel at an emergency incident (Sec.
419.045). 

The bill requires a fire department to develop, maintain, and use a
standard operating procedure for its fire protection personnel operating at
emergency incidents and to require all fire department personnel to be
trained in and use the standard operating procedure (Sec. 419.046). 

The bill authorizes the commission to adopt minimum standards consistent
with the National Fire Protection Association standards for the enforcement
of the provisions of the bill (Sec. 419.047). 

The procedures and equipment required in the bill are required to comply
with the minimum standards established by the National Fire Protection
Association.    

EFFECTIVE DATE

September 1, 2001.