81R4828 JSC-D
	By: Harper-Brown	H.B. No. 3390

	A BILL TO BE ENTITLED
	AN ACT
	relating to the continuation and functions of the Texas Commission
	on Fire Protection.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 419.003, Government Code, is amended to
	read as follows:
	Sec. 419.003.  SUNSET PROVISION.  The Texas Commission on
	Fire Protection is subject to Chapter 325 (Texas Sunset Act).
	Unless continued in existence as provided by that chapter, the
	commission is abolished and this chapter expires September 1, 2021
	[2009].
	SECTION 2.  Section 419.004(e), Government Code, is amended
	to read as follows:
	(e)  A person may not be [is not eligible for appointment as]
	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 [the commission];
	(2)  is employed by or participates in the management
	of a business entity or other organization regulated by [the
	commission] or receiving money [funds] 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 [the commission] or receiving money
	[funds] from the commission;
	(4)  uses or receives a substantial amount of tangible
	goods, services, or money [funds] 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 [a member of a paid or
	volunteer] fire protection [department].
	SECTION 3.  Sections 419.005(a) and (c), Government Code,
	are amended to read as follows:
	(a)  It is a ground for removal from the commission that [if]
	a member:
	(1)  does not have at the time of taking office
	[appointment] the qualifications required by Section 419.004;
	(2)  does not maintain during service on the commission
	the qualifications required by Section 419.004;
	(3)  is ineligible for membership under [violates a
	prohibition established by] Section 419.006;
	(4)  cannot, because of illness or disability,
	discharge the member's duties for a substantial part of the member's
	term [for which the member is appointed because of illness or
	disability]; or
	(5)  is absent from more than half of the regularly
	scheduled commission meetings that the member is eligible to attend
	during a calendar year without an excuse approved [unless the
	absence is excused] by majority vote of the commission.
	(c)  If the executive director has knowledge that a potential
	ground for removal exists, the executive director shall notify the
	presiding officer of the commission of the potential ground. The
	presiding officer shall then notify the governor and the attorney
	general that a potential ground for removal exists. If the
	potential ground for removal involves the presiding officer, the
	executive director shall notify the next highest ranking officer of
	the commission, who shall then notify the governor and the attorney
	general that a potential ground for removal exists.
	SECTION 4.  Section 419.006, Government Code, is amended to
	read as follows:
	Sec. 419.006.  CONFLICT OF INTEREST.  (a) In [An officer,
	employee, or paid consultant of a Texas trade association in the
	field of fire protection may not be a member of the commission or an
	employee of the commission who is exempt from the state's position
	classification plan or is compensated at or above the amount
	prescribed by the General Appropriations Act for step 1, salary
	group 17, of the position classification salary schedule.
	[(b)     A person who is the spouse of an officer, manager, or
	paid consultant of a Texas trade association in the field of fire
	protection may not be a commission member and may not be a
	commission employee who is exempt from the state's position
	classification plan or is compensated at or above the amount
	prescribed by the General Appropriations Act for step 1, salary
	group 17, of the position classification salary schedule.
	[(c)  For the purposes of] this section, "Texas trade
	association" means [a Texas trade association is] a [nonprofit,]
	cooperative[,] and voluntarily joined statewide association of
	business or professional competitors in this state designed to
	assist its members and its industry or profession in dealing with
	mutual business or professional problems and in promoting their
	common interest.
	(b)  A person may not be a member of the commission and may
	not be a commission employee employed in a "bona fide executive,
	administrative, or professional capacity," as that phrase is used
	for purposes of establishing an exemption to the overtime
	provisions of the federal Fair Labor Standards Act of 1938 (29
	U.S.C. Section 201 et seq.), if:
	(1)  the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of fire
	protection; or
	(2)  the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of fire
	protection.
	(c) [(d)]  A person may not be [serve as] a member of the
	commission or act as the general counsel to the commission or the
	agency if the person is required to register as a lobbyist under
	Chapter 305 because of the person's activities for compensation on
	behalf of a profession related to the operation of the commission.
	SECTION 5.  Section 419.007(a), Government Code, is amended
	to read as follows:
	(a)  The governor shall designate a member of the commission
	[fire protection instructor appointed under Section 419.004(a)(6)
	serves] as the presiding officer of the commission to serve in that
	capacity at the pleasure of [unless] the governor [designates
	another member as presiding officer]. The commission shall elect
	from among its members an assistant presiding officer and a
	secretary.
	SECTION 6.  Section 419.0071, Government Code, is amended to
	read as follows:
	Sec. 419.0071.  COMMISSION MEMBER TRAINING.  (a) A [To be
	eligible to take office as a member of the commission, a] person who
	is appointed to and qualifies for office as a member of the
	commission may not vote, deliberate, or be counted as a member in
	attendance at a meeting of the commission until the person
	completes [must complete at least one course of] a training program
	that complies with this section.
	(b)  The training program must provide [information to] the
	person with information regarding:
	(1)  the [enabling] legislation that created the
	commission;
	(2)  the programs, [operated by the commission;
	[(3)  the role and] functions, [of the commission;
	[(4)  the] rules, and [of the commission with an
	emphasis on the rules that relate to disciplinary and investigatory
	authority;
	[(5)  the current] budget of [for] the commission;
	(3) [(6)]  the results of the most recent formal audit
	of the commission;
	(4) [(7)]  the requirements of laws relating to [the:
	[(A)]  open meetings [law], public information
	[Chapter 551;
	[(B)  open records law, Chapter 552; and
	[(C)  administrative procedure law], and [Chapter
	2001;
	[(8)  the requirements of the conflict] conflicts of
	interest [interests laws and other laws relating to public
	officials]; and
	(5) [(9)]  any applicable ethics policies adopted by
	the commission [agency] or the Texas Ethics Commission.
	(c)  A person appointed to the commission is entitled to
	reimbursement, as provided by the General Appropriations Act, for
	the travel expenses incurred in attending the training program
	regardless of whether the attendance at the program occurs before
	or after [, as provided by the General Appropriations Act and as if]
	the person qualifies for office [were a member of the commission].
	SECTION 7.  Section 419.008(c), Government Code, is amended
	to read as follows:
	(c)  The commission shall perform duties assigned by law to
	the Commission on Fire Protection Personnel Standards and Education
	[or to the Fire Department Emergency Board].
	SECTION 8.  Section 419.0082(a), Government Code, is amended
	to read as follows:
	(a)  In adopting or amending a rule under Section 419.008(a)
	or any other law, the commission may [shall] seek the input of the
	fire fighter advisory committee and may request[, when appropriate,
	the funds allocation advisory committee. The commission shall
	permit] the [appropriate] advisory committee to review and comment
	on any proposed rule, including a proposed amendment to a rule,
	before the rule is adopted.
	SECTION 9.  Subchapter A, Chapter 419, Government Code, is
	amended by adding Section 419.0083 to read as follows:
	Sec. 419.0083.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
	RESOLUTION. (a) The commission shall develop and implement a
	policy to encourage the use of:
	(1)  negotiated rulemaking procedures under Chapter
	2008 for the adoption of commission rules; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009 to assist in the resolution of
	internal and external disputes under the commission's
	jurisdiction.
	(b)  The commission's procedures relating to alternative
	dispute resolution must conform, to the extent possible, to any
	model guidelines issued by the State Office of Administrative
	Hearings for the use of alternative dispute resolution by state
	agencies.
	(c)  The commission shall designate a trained person to:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  serve as a resource for any training needed to
	implement the procedures for negotiated rulemaking or alternative
	dispute resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures, as implemented by the commission.
	SECTION 10.  Section 419.009(c), Government Code, is amended
	to read as follows:
	(c)  The commission shall develop and implement policies
	that clearly separate the policy-making [define the respective]
	responsibilities of the commission and the management
	responsibilities of the executive director and the staff of the
	commission.
	SECTION 11.  Section 419.011, Government Code, is amended to
	read as follows:
	Sec. 419.011.  [PUBLIC INTEREST INFORMATION AND]
	COMPLAINTS.  (a)  The commission shall maintain a system to
	promptly and efficiently act on complaints filed with the
	commission. The commission shall maintain information about
	parties to the complaint, the subject matter of the complaint, a
	summary of the results of the review or investigation of the
	complaint, and its disposition.
	(b)  The commission shall make [prepare] information
	available [of public interest] describing its [the functions of the
	commission and the commission's] procedures for complaint
	investigation and resolution [by which complaints are filed with
	and resolved by the commission.   The commission shall make the
	information available to the public and appropriate state agencies.
	[(b)     The commission shall keep a file about each written
	complaint filed with the commission that the commission has
	authority to resolve. The commission shall provide to the person
	filing the complaint and the persons or entities complained about
	the commission's policies and procedures pertaining to complaint
	investigation and resolution].
	(c)  The commission[, at least quarterly and until final
	disposition of the complaint,] shall periodically notify the
	[person filing the] complaint parties [and the persons or entities
	complained about] of the status of the complaint until final
	disposition [unless the notice would jeopardize an undercover
	investigation.
	[(c)     The commission shall keep information about each
	complaint filed with the commission. The information shall
	include:
	[(1)  the date the complaint is received;
	[(2)  the name of the complainant;
	[(3)  the subject matter of the complaint;
	[(4)     a record of all persons contacted in relation to
	the complaint;
	[(5)     a summary of the results of the review or
	investigation of the complaint; and
	[(6)     for complaints for which the agency took no
	action, an explanation of the reason the complaint was closed
	without action.
	[(d)     The commission shall comply with federal and state laws
	related to program and facility accessibility. The executive
	director shall also prepare and maintain a written plan that
	describes how a person who does not speak English can be provided
	reasonable access to the commission's programs].
	SECTION 12.  Subchapter A, Chapter 419, Government Code, is
	amended by adding Section 419.012 to read as follows:
	Sec. 419.012.  TECHNOLOGICAL SOLUTIONS. The commission
	shall implement a policy requiring the commission to use
	appropriate technological solutions to improve the commission's
	ability to perform its functions. The policy must ensure that the
	public is able to interact with the commission on the Internet.
	SECTION 13.  Section 419.023(e), Government Code, is amended
	to read as follows:
	(e)  On request by the commission, the [The] committee
	[periodically] shall review commission rules relating to fire
	protection personnel, fire departments, and other fire fighters and
	fire fighting organizations that are subject to regulation under
	this subchapter and recommend changes in the rules to the
	commission.
	SECTION 14.  Section 419.026(a), Government Code, is amended
	to read as follows:
	(a)  The commission shall set and collect a fee [of not more
	than $35] for each certificate that the commission issues or renews
	under this subchapter, except that if a person holds more than one
	certificate the commission may collect only one fee each year for
	the renewal of those certificates. The commission by rule shall set
	the amount of the fee under this subsection in an amount designed to
	recover the commission's costs in connection with issuing
	certificates under this subchapter, including the cost to the
	commission of obtaining fingerprint-based criminal history record
	information under Section 419.0325. The employing agency or entity
	shall pay the [this] fee in the manner prescribed [as provided] by
	commission rule. The certificate must be renewed annually.
	SECTION 15.  Section 419.027, Government Code, is amended to
	read as follows:
	Sec. 419.027.  BIENNIAL INSPECTIONS. (a) At least
	biennially, the commission shall visit and inspect each institution
	or facility conducting courses for training fire protection
	personnel and recruits, each fire department, and each local
	governmental agency providing fire protection to determine if the
	department, agency, institution, or facility is complying with this
	chapter and commission rules.
	(b)  The commission may conduct risk-based inspections of
	institutions and facilities in addition to the inspections under
	Subsection (a). In determining whether to conduct an inspection of
	an institution or facility under this subsection, the commission
	shall consider:
	(1)  how recently the institution or facility has come
	under regulation;
	(2)  the institution's or facility's history of
	compliance with state law and commission rules;
	(3)  the number of complaints filed with the commission
	regarding the institution or facility during the last year;
	(4)  the number of paid personnel in the institution or
	facility;
	(5)  the frequency of fire responses;
	(6)  the institution's or facility's ability to inspect
	and maintain equipment; and
	(7)  any other factor the commission considers
	appropriate to assess an institution's or facility's safety risk.
	SECTION 16.  Sections 419.032(a) and (d), Government Code,
	are amended to read as follows:
	(a)  A fire department may not appoint a person to the fire
	department, except on a temporary or probationary basis, unless:
	(1)  the person:
	(A) [(1)]  has satisfactorily completed a
	preparatory program of training in fire protection at a school
	approved by the commission; and
	(B) [(2)]  meets the qualifications established
	by the commission under Subsection (b); and
	(2)  the commission has approved the person's
	fingerprint-based criminal history record information under
	Section 419.0325.
	(d)  The commission may certify persons who are qualified
	under this subchapter to be fire protection personnel. The
	commission shall adopt rules relating to presentation of evidence
	of satisfactory completion of a program or course of instruction in
	another jurisdiction equivalent in content and quality to that
	required by the commission for approved fire protection education
	and training programs in this state and shall issue to a person
	meeting the rules and the requirements of Section 419.0325 a
	certificate evidencing satisfaction of Subsections (a) and (b). The
	commission may waive any certification requirement, except those
	under Section 419.0325, for an applicant with a valid license from
	another state having certification requirements substantially
	equivalent to those of this state.
	SECTION 17.   Subchapter B, Chapter 419, Government Code, is
	amended by adding Section 419.0325 to read as follows:
	Sec. 419.0325.  CRIMINAL HISTORY RECORD INFORMATION
	APPROVAL REQUIRED FOR CERTIFICATION. (a)  The commission may not
	certify a person as fire protection personnel unless the
	commission, after review, has approved fingerprint-based criminal
	history record information about the person obtained from the
	Department of Public Safety under Subchapter F, Chapter 411, and
	from the Federal Bureau of Investigation under Section 411.087.
	(b)  The applicant for certification or the fire department
	may submit the required fingerprint-based state and national
	criminal history record information to the commission. If neither
	the applicant nor the fire department submits the required criminal
	history record information to the commission, the commission shall
	obtain the required criminal history record information pursuant to
	Sections 411.087 and 411.1236.
	(c)  The commission by rule shall establish criteria for
	denying a person certification to be fire protection personnel
	based on the person's criminal history record information.  The
	criteria must relate to a person's fitness to serve as fire
	protection personnel.
	(d)  Criminal history record information received by the
	commission is privileged and confidential and for commission use
	only.
	SECTION 18.  Sections 419.034(a), (b), and (c), Government
	Code, are amended to read as follows:
	(a)  A fire department or other employing entity may renew an
	unexpired certification by, [paying to the commission] before the
	expiration date of the certificate:
	(1)  submitting evidence satisfactory to the
	commission of completion of any required professional education;
	and
	(2)  paying to the commission the required renewal fee.
	(b)  If a person's certificate has been expired for 30 days
	or less, the fire department or other employing entity may renew the
	certificate by:
	(1)  submitting evidence satisfactory to the
	commission of completion of any required professional education;
	and
	(2)  paying to the commission the required renewal fee
	and a fee that is one-half of the certification fee for the
	certificate.
	(c)  If a person's certificate has been expired for longer
	than 30 days but less than one year, the fire department or other
	employing entity may renew the certificate by:
	(1)  submitting evidence satisfactory to the
	commission of completion of any required professional education;
	and
	(2)  paying to the commission all unpaid renewal fees
	and a fee that is equal to the certification fee.
	SECTION 19.  Section 419.036, Government Code, is amended by
	adding Subsections (c) and (d) to read as follows:
	(c)  A complaint case opened by the commission based on a
	violation found during an inspection conducted under Section
	419.027 must be opened not later than the 30th day after the date
	the commission provides notice of the violation to the applicable
	department, agency, institution, or facility.
	(d)  The commission by rule shall create a matrix for
	determining penalty amounts and disciplinary actions for fire
	departments, training providers, and certified personnel who
	commit violations of this chapter or a rule adopted under this
	chapter. In developing the matrix, the commission shall consider
	the following factors:
	(1)  compliance history;
	(2)  seriousness of the violation;
	(3)  the safety threat to the public or fire personnel;
	(4)  any mitigating factors; and
	(5)  any other factors the commission considers
	appropriate.
	SECTION 20.  Subchapter B, Chapter 419, Government Code, is
	amended by adding Section 419.0366 to read as follows:
	Sec. 419.0366.  TRACKING AND ANALYSIS OF COMPLAINT AND
	VIOLATION DATA. (a) The commission shall develop and implement a
	method for tracking and categorizing the sources and types of
	complaints filed with the commission and of violations of this
	chapter or a rule adopted under this chapter.
	(b)  The commission shall analyze the complaint and
	violation data maintained under Subsection (a) to identify trends
	and areas that may require additional regulation or enforcement.
	SECTION 21.  Subchapter B, Chapter 419, Government Code, is
	amended by adding Section 419.048 to read as follows:
	Sec. 419.048.  FIRE PROTECTION PERSONNEL INJURY DATA;
	RECOMMENDATIONS TO REDUCE INJURIES. (a) Pursuant to Section
	417.004, the commission and the commissioner of insurance, as
	necessary to allow the agencies to perform their statutory duties,
	shall transfer information between the two agencies, including
	injury information from the Texas Fire Incident Reporting System
	and workers' compensation data showing claims filed by fire
	protection personnel.
	(b)  Personally identifiable information received by the
	commission under this section relating to injured fire protection
	personnel is confidential. The commission may not release, and a
	person may not gain access to, any information that could
	reasonably be expected to reveal the identity of injured fire
	protection personnel.
	(c)  The commission shall evaluate information and data on
	fire protection personnel injuries and develop recommendations for
	reducing fire protection personnel injuries. The commission shall
	forward the recommendations to the state fire marshal not later
	than September 1 of each year for inclusion in the annual report
	required by Section 417.0075.
	(d)  The commission shall establish criteria for evaluating
	fire protection personnel injury information to determine the
	nature of injuries that the commission should investigate. Based
	on these investigations, the commission shall identify fire
	departments in need of assistance in reducing injuries and may
	provide assistance to those fire departments.
	SECTION 22.  Section 419.906, Government Code, is amended by
	adding Subsections (d) and (e) to read as follows:
	(d)  The commission may enter a default order if a fire
	department or training provider fails to take action to correct a
	violation found during an inspection conducted under this chapter
	or to request an informal settlement conference before the 61st day
	after the date the commission provides to the department or
	provider notice requiring the department or provider to correct the
	violation.
	(e)  Notwithstanding Section 419.0365, the commission may
	temporarily suspend a person's or regulated entity's certificate on
	a determination by a panel of the commission that continued
	activity by the person or entity would present an immediate threat
	to the public or to fire service trainees. The panel may hold a
	meeting for purposes of this subsection by teleconference call
	pursuant to Section 551.125. A person or regulated entity whose
	certificate is temporarily suspended under this subsection is
	entitled to a hearing before the commission not later than the 14th
	day after the date of the temporary suspension.
	SECTION 23.  Subchapter G, Chapter 614, Government Code, is
	amended by adding Section 614.105 to read as follows:
	Sec. 614.105.  SEPARATE ACCOUNT FOR MONEY FROM TEXAS
	COMMISSION ON FIRE PROTECTION. (a)  The service shall maintain a
	separate account within the volunteer fire department assistance
	fund.
	(b)  The account shall contain money:
	(1)  previously appropriated to the Texas Commission on
	Fire Protection for the administration of the fire department
	emergency program and transferred to the service;
	(2)  received from the repayment of outstanding loans
	transferred to the service from the Texas Commission on Fire
	Protection fire department emergency program; and
	(3)  from any legislative appropriations for the
	purposes of Subsection (c).
	(c)  The money in the account may be used only to award grants
	for scholarships for the education and training of firefighters to
	or for purchasing necessary fire-fighting equipment and facilities
	for:
	(1)  a fire department operated by its members, some of
	whom are volunteers and some of whom are paid; or
	(2)  a volunteer fire department.
	(d)  The service shall administer all outstanding loans
	transferred from the Texas Commission on Fire Protection fire
	department emergency program and deposit money obtained as
	repayment of those loans to the credit of the account created under
	this section.
	SECTION 24.  (a)  Sections 419.0082(b), (c), and (d),
	Government Code, are repealed.
	(b)  Subchapter C, Chapter 419, Government Code, is
	repealed.
	SECTION 25.  (a)  As soon as practicable after the effective
	date of this Act, the governor shall designate a member of the Texas
	Commission on Fire Protection as the presiding officer of the
	commission pursuant to Section 419.007, Government Code, as amended
	by this Act.
	(b)  As soon as practicable after the effective date of this
	Act, the Texas Commission on Fire Protection shall adopt the rules
	required by Section 419.0325, Government Code, as added by this
	Act, and Sections 419.026 and 419.036, Government Code, as amended
	by this Act.
	(c)  Notwithstanding Section 419.048, Government Code, as
	added by this Act, the Texas Commission on Fire Protection is not
	required to submit its annual recommendations to the state fire
	marshal for inclusion in the report required by Section 417.0075,
	Government Code, before September 1, 2010.
	SECTION 26.  (a)  As soon as practicable after the effective
	date of this Act, the Texas Commission on Fire Protection and the
	Texas Forest Service shall develop and enter into a memorandum of
	understanding regarding the transfer described in this section.
	(b)  In accordance with the transition plan developed by the
	Texas Commission on Fire Protection and the Texas Forest Service
	under Subsection (a) of this section, on January 1, 2010:
	(1)  the fire department emergency program under
	Subchapter C, Chapter 419, Government Code, is abolished;
	(2)  all money, loans and other contracts, leases,
	property, and obligations of the Texas Commission on Fire
	Protection related to the fire department emergency program are
	transferred to the Texas Forest Service; and
	(3)  the unexpended and unobligated balance of any
	money appropriated by the legislature for the Texas Commission on
	Fire Protection related to the fire department emergency program is
	transferred to the Texas Forest Service.
	(c)  Before January 1, 2010, the Texas Commission on Fire
	Protection may agree with the Texas Forest Service to transfer any
	property of the fire department emergency program to implement the
	transfer required by this Act.
	SECTION 27.  (a) Sections 419.004, 419.006, and 419.0071(a),
	Government Code, as amended by this Act, apply only to a person who
	is appointed or reappointed as a member of the Texas Commission on
	Fire Protection on or after the effective date of this Act. A
	person appointed or reappointed as a member of the commission
	before the effective date of this Act is governed by the law in
	effect immediately before that date, and the former law is
	continued in effect for that purpose.
	(b)  Section 419.005, Government Code, as amended by this
	Act, applies only to a ground for removal that occurs on or after
	the effective date of this Act. A ground for removal that occurs
	before the effective date of this Act is governed by the law in
	effect immediately before that date, and the former law is
	continued in effect for that purpose.
	(c)  Section 419.0071(b), Government Code, as amended by
	this Act, applies only to a training program attended on or after
	the effective date of this Act. A training program attended before
	the effective date of this Act is governed by the law in effect
	immediately before that date, and the former law is continued in
	effect for that purpose.
	(d)  Section 419.0071(c), Government Code, as amended by
	this Act, applies only to expenses incurred on or after the
	effective date of this Act. Expenses incurred before the effective
	date of this Act are governed by the law in effect immediately
	before that date, and the former law is continued in effect for that
	purpose.
	(e)  Section 419.0082, Government Code, as amended by this
	Act, applies to a rule adopted on or after the effective date of
	this Act. A rule adopted before the effective date of this Act is
	governed by the law in effect immediately before that date, and the
	former law is continued in effect for that purpose.
	(f)  Section 419.026, Government Code, as amended by this
	Act, applies only to a certificate issued or renewed on or after
	January 1, 2010. A certificate issued or renewed before January 1,
	2010, is governed by the law in effect on the date the certificate
	was issued or renewed, and the former law is continued in effect for
	that purpose.
	(g)  Section 419.032, Government Code, as amended by this
	Act, and Section 419.0325, Government Code, as added by this Act,
	apply only to a person who applies for an initial certificate on or
	after January 1, 2010. A person who applies for an initial
	certificate before January 1, 2010, is governed, even in relation
	to the person's renewal of the certificate on or after that date, by
	the law in effect immediately before that date, and the former law
	is continued in effect for that purpose.
	(h)  Section 419.034, Government Code, as amended by this
	Act, applies to a certificate renewed on or after the effective date
	of this Act. A certificate renewed before the effective date of
	this Act is governed by the law in effect immediately before that
	date, and the former law is continued in effect for that purpose.
	(i)  Section 419.906(d), Government Code, as added by this
	Act, applies only to an order pursuant to a violation that occurs on
	or after the effective date of this Act. An order pursuant to a
	violation that occurs before the effective date of this Act is
	governed by the law in effect immediately before that date, and the
	former law is continued in effect for that purpose.
	SECTION 28.  (a)  Except as provided by Subsection (b) of
	this section, this Act takes effect September 1, 2009.
	(b)  The following changes in law take effect January 1,
	2010:
	(1)  the repeal of Subchapter C, Chapter 419,
	Government Code;
	(2)  the amendment to Section 419.026, Government Code;
	and
	(3)  the amendment to Subchapter G, Chapter 614,
	Government Code.