|(a) An individual who performs one or more fire protection
duties, listed in the Texas Government Code, §419.021(3)(C),
for a fire department of local government entity shall be designated
to only one of the following categories:
(1) fire protection personnel;
(2) a part-time fire protection employee; or
(3) a volunteer fire fighter or other auxiliary fire
(b) A fire department regulated by the Commission may
not designate the same person under more than one category under this
section. The designation shall be made on the records of the department
and the designation shall be made available for inspection by the
Commission or sent to the Commission on request.
(c) A fire department regulated by the Commission shall
report the appointment of fire protection personnel to a regulated
discipline via the Commission's online management program, or the
appropriate form if available. Fire protection personnel who are assigned
to a regulated discipline as part of their regularly assigned duties
shall be appointed to that discipline with the Commission. No individual
may be appointed to a discipline without approval by the Commission.
The Commission shall not approve an initial appointment to a regulated
discipline until it has reviewed and approved a person's fingerprint-based
criminal history record. Termination of fire protection personnel
or part-time fire protection employees shall be reported to the Commission
via the Commission's online management program, or the appropriate
form if available within 14 calendar days of the action. In the case
of termination, the employing entity shall report an individual's
last known home address to the Commission. A Removal from Appointment
form may be submitted without the employee's signature.
(d) A fire department may not in a calendar year compensate,
reimburse, or provide benefits to a person the department has designated
as a volunteer or other auxiliary fire fighter in an amount that is
equal to or more than what a person receives working 2,080 hours at
the federal minimum wage.
(e) A person certified as fire protection personnel
in one fire department may be employed and designated as a part-time
fire protection employee in another fire department without additional
certification as a part-time fire protection employee.
|Source Note: The provisions of this §421.9 adopted to be effective November 1, 1998, 23 TexReg 10886; amended to be effective May 23, 1999, 24 TexReg 3861; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective June 17, 2003, 28 TexReg 4566; amended to be effective November 18, 2009, 34 TexReg 8040; amended to be effective May 18, 2010, 35 TexReg 3847; amended to be effective June 3, 2012, 37 TexReg 3861