1. (a) The Texas Commission on Human Rights shall review the administration of tests by paid or combination local fire departments to determine whether the tests are administered in a manner that complies with the Texas Labor Code. The initial tests, which are defined as; written tests, physical tests, and assessment center tests for a beginning firefighter position, are used to measure the ability of a person to perform the essential functions of a job as a paid or combination local fire protection personnel.
2. (b) The Texas Commission on Human Rights shall exercise those general powers as provided in the TEX. GOVT. CODE, Chapter 419, §§419.103 - 419.105.
3. (c) The Texas Commission on Human Rights shall adopt the Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. 1607, to conduct the administration of initial tests by paid or combination local fire departments.
4. (d) The Texas Commission on Human Rights will review no less than three percent (3%) of the total number of paid or combination local fire departments each fiscal year. The Texas Commission on Human Rights will divide the number of paid or combination local fire departments into the five major regions of the state. Within each region, the Texas Commission on Human Rights shall determine the paid or combination local fire departments to review by random selection with a predetermined parameter based on geography. The selections will be made by the twentieth day of each September for the fiscal year.
5. (e) If a paid or combination local fire department's initial tests are to be reviewed, said fire department shall receive notice via certified mail and on the commission's website. The review of each fire department's initial tests shall be completed and recommendations issued on or before the one year anniversary date in which the Texas Commission on Human Rights issued its notification letter to the head of the fire department and the review thereby commenced.

Source Note:The provisions of this §819.131 adopted to be effective September 12, 2002, 27 TexReg 8612; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.