(a) The purpose of this chapter is to establish policy,
procedures and criteria on the eligibility of persons with a criminal
conviction for a certificate or renewal of a certificate issued by
the Texas Commission on Fire Protection (the commission) and to establish
procedures for suspension, probation, revocation, or denial of a certificate
held or applied for by persons with a criminal conviction pursuant
to Chapter 53, Texas Occupations Code.
(b) The duties and responsibilities of persons who
hold certifications issued by the commission each involve matters
that directly relate to public safety, specifically to the reduction
of loss of life and property from fire. Thus, conduct involving the
injury to a person or the destruction of property by fire, relates
directly to the fitness of the individual to be fire protection personnel.
Fire protection personnel often have access to areas not generally
open to the public. The public relies on the honesty, trustworthiness,
and reliability of persons certified by the commission. Thus, crimes
involving moral turpitude, including, but not limited to, fraud and
dishonesty, are directly relevant. In addition, the ability of such
persons to function unimpaired by alcohol or the illegal use of drugs,
in dangerous or potentially dangerous circumstances, including, but
not limited to, the operation of emergency vehicles is paramount in
light of the duty to protect the health and safety of the public.
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Source Note: The provisions of this §403.1 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective March 8, 2001, 26 TexReg 2042; amended to be effective November 28, 2007, 32 TexReg 8522; amended to be effective December 18, 2012, 37 TexReg 9782 |