Section 419.087 - Mandatory Regulation of Certain Nongovernmental Organizations and Personnel(a) In this section, "fire department," "fire protection personnel," and "local government" have the meanings assigned by Section 419.021.(b) An organization that is not a local government, a department of a local government, or a state or federal agency is subject to regulation by the commission under Subchapter B if the organization: (1) provides fire protection for a local government for profit under a contract or other agreement with the local government; and(2) would be a fire department if it were a department of a local government.(c) A person who is not an employee of a local government or of a state or federal agency is subject to regulation by the commission under Subchapter B if the person: (1) provides fire protection for a local government under a contract or other agreement between the local government and either the person or an organization subject to regulation under Subsection (b); and(2) would be fire protection personnel if employed by a local government.(d) A person or organization that is subject to regulation by the commission under this section is subject to Subchapter B and applicable commission rules to the same extent that Subchapter B and applicable commission rules apply to a fire department or to fire protection personnel.(e) The commission may create a separate certification class for persons regulated under this section.(f) A local government which provided fire protection for its citizens utilizing a fire department and fire protection personnel as of May 31, 1997, may not thereafter provide fire protection by utilizing an organization which is not a local government, a department of local government, or a state or federal agency and which provides fire protection for the local government for profit under a contract or other agreement with the local government without approval of a majority of the voters at an election called for that purpose.Tex. Gov't. Code § 419.087
Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.13, eff. 9/1/1997.