This section sets the 13-member composition of the commission, describes how members are appointed, and bars certain people from serving as public members.
Sec. 419.004. COMPOSITION OF COMMISSION. (a) The commission is composed of the following 13 members: (1) two members to be selected from a list of five names submitted by the Texas Fire Chiefs Association who are chief officers with a minimum rank that is equivalent to the position immediately below that of the fire chief and who are employed in fire departments as defined by Section 419.021 that are under the jurisdiction of the commission, at least one of whom must be the head of a fire department and one of whom must be employed by a political subdivision with a population of less than 100,000; (2) two members to be selected from a list of five names submitted by the Texas State Association of Fire Fighters who are fire protection personnel as defined by Section 419.021 with the rank of battalion chief or below and who are employed in fire departments or other appropriate local authorities under the jurisdiction of the commission, one of whom must be employed by a political subdivision with a population of less than 100,000; (3) two members to be selected from a list of five names submitted by the State Firemen's and Fire Marshals' Association of Texas who are volunteer fire chiefs or volunteer fire fighters; (4) one certified fire protection engineer; (5) one certified arson investigator or certified fire protection inspector; (6) one fire protection instructor from an institution of higher education as defined by Section 61.003, Education Code; and (7) four public members. (b) The members of the commission are appointed by the governor with the advice and consent of the senate for staggered terms of six years with four or five members' terms expiring February 1 of each odd-numbered year. (c) The duties of a public officer or employee on the commission constitute additional duties of the member's office or employment. (d) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (e) A person may not be a public member of the commission if the person or the person's spouse: (1) is registered, certified, or licensed by a regulatory agency in the field of fire protection; (2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; (4) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; or (5) is employed in the field of fire protection. (f) For purposes of this section, "volunteer fire fighter" and "volunteer fire chief" mean a person who is a member of a nonprofit volunteer fire department, and the term may include a person who is also employed full-time in the fire service. Added by Acts 1991, 72nd Leg., ch. 628, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 912, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1172, Sec. 1.02, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1170, Sec. 14.01, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 3, eff. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 580 (S.B. 709), Sec. 2, eff. September 1, 2021.