Case Information
*1 The Honorable Garland W. Fulbright Opinion No. H- 141 Executive Director
Commission on Fire Protection Re: Whether Article
Personnel Standards & Education § 6(a) applies to changes 2209 Hancock Drive, Suite B in employment after Austin, Texas 78756 September 1, 1972, and
related questions Dear Mr. Fulbiight:
Your request for an opinion poses the following questions:
1. In the event fire protection obtain employment in a municipality other than the one where they were serving under permanent employment 1, 1972, would they be subject to the required for certification within one year from the date of their appointment to the new position in accord- ance with Article 5 6?
2. Do personnel who receive pay from the fire department, wear uniforms, who may or may not be assigned and who are employed of ambulances have to meet the minimum train-
ing standards of fire protection sonnel?
Article 5 1, Vernon’s Texas Civil Statutes, creates the Commis- sion on Fire Protection Personnel Standards and Education, authorized to “establish minimum educational, training, physical, mental, and moral stan- The dards for admission to employment as fire protection personnel’: etc. Act provides in its $6(b) that:
The Honorab,le Garland W. Fulbright,
“No person after September 1, 1972, shall be appointed to a municipal fire department, except on a temporary or probationary basis, unless such per- son has satisfactorily completed a preparatory pro- gram of training in fire protection at a school approved or operated by the Commission . . . .‘I However, in 5 6(a) of the Act it provides:
“Fire protection personnel already serving under permanent a,ppointment prior to September 1, 1972, shall not be required to meet any requirement of Subsections (b) and (c) of this section as a condition of tenure or continued employment . . . . The Legis- lature finds, and it is hereby declared to be the policy of this Act, that such fire protection personnel have satisfied such requirements by their experience. ” Clearly, the Act provides that fire protection under a appointment so long as they serve under that appointment, shall not be required the training require- however, adds the additional factor ments of Subsection (b). Your question, of an appointment in which the personnel in question did not have a permanent appointment 1, 1972.
In construing the language of the statute, it is our purpose to deter- mine the legislative intent. In doing this, it is proper to consider the general policy toward the matter legislated upon, the purpose of the legis- lation, the evils to be remedied, and the object to be accomplished. See Do1an.v. Walker, 49 S. W. 2d 695 (Tex. 1932).
We believe that it is obvious the legislative intent in enacting Article 4413(35) was to provide that fire protection be adequately trained. The legislation is not directed at length of service within any particular Rather, it requires that such personnel undergo such training department. It assumes, as an exception to that require- as the Commission shall direct. serving under permanent ment, that fire protection personnel, *3 1, 1972, will have acquired the same training by exper- ience and need not undergo the formal program prescribed by the Commis- sion.
In our opinion, this will be true whether the particular person involved remains in one department or transfers to another. We therefore answer your first question that, if fire protection personnel were serving under a they do not have to meet the requirements set forth in Subsections (b) and (c) even though they transfer to a fire department of another municipality.
Your second question asks whether personnel who may or mav not be assigned fire fighting duties, but who receive their pay from a fire depart- ment, wear a fire department uniform and are employed ambulances have to meet of fire protection by Article 5 6.
Section 10 of the Act provides: “This Act shall apply only to fully paid firemen. ” The Act does not define either “firemen” or “fire protection sonnel. ”
Section 6, in addition to the portions which we have quoted earlier, provides that “No person” shall be appointed
unless he has completed the training program.
It is our opinion that the Legislature intended that all those in the employ of a fire department who “may” be assigned firefighting even though their primary duties may be asanambulance driver or attendant, or in some should be required to complete the prescribed training as a other position, prerequisite to receiving a permanent appointment.
We therefore are of the opinion that the requirements of Article §6 > apply to all personnel of a fire department who may be assigned duties at any time.
SUMMARY 1. Fire protection not required to undergo the training provided by Article § 6, V. T. C. S., *4 retain that status even though they may become employed in a different municipality.
2. Personnel of a fire department who are employed of ambulances, but who may also be assigned are re- quired
fire protection required by Article 4413 (35), §6.
Very truly yours, JOHN L. HILL Attorney General of Texas DAVID M. KENDALL, Chairman
Opinion Committee