89R17138 DNC-F
By: Harless H.B. No. 3687
A BILL TO BE ENTITLED
AN ACT
relating to certification requirements for a fire marshal and any
related employee, officer, inspector, and investigator appointed
by certain counties and emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 775, Health and Safety
Code, is amended by adding Section 775.1025 to read as follows:
Sec. 775.1025. CERTIFICATION REQUIREMENTS FOR DISTRICTS
LOCATED IN CERTAIN COUNTIES. (a) This section applies only to a
district wholly located in a county with a population of 100,000 or
more.
(b) The fire marshal shall hold the following
certifications issued by the Texas Commission on Fire Protection:
(1) head of a prevention-only fire department
certification not later than 12 months after the date the marshal is
initially appointed;
(2) a fire marshal basic certification not later than
24 months after the date the marshal is initially appointed; and
(3) a fire protection personnel certification not
later than 12 months after the date the marshal is initially
appointed.
(c) If acting as a peace officer, the fire marshal and any
related officer, inspector, and investigator must hold a permanent
peace officer license issued under Chapter 1701, Occupations Code.
(d) If acting under fire marshal authority to conduct or
supervise arson investigations or fire inspections, the fire
marshal or the marshal's employees must hold certifications
required for fire inspection by the Texas Commission on Fire
Protection under Chapter 419, Government Code.
SECTION 2. Subchapter B, Chapter 352, Local Government
Code, is amended by adding Section 352.0125 to read as follows:
Sec. 352.0125. CERTIFICATION REQUIREMENTS IN CERTAIN
COUNTIES. (a) This section applies only to a county with a
population of 100,000 or more.
(b) A county fire marshal shall hold the following
certifications issued by the Texas Commission on Fire Protection:
(1) head of a prevention-only fire department
certification not later than 12 months after the date the marshal is
initially appointed;
(2) a fire marshal basic certification not later than
24 months after the date the marshal is initially appointed; and
(3) a fire protection personnel certification not
later than 12 months after the date the marshal is initially
appointed.
(c) If acting as a peace officer, a county fire marshal and
any related officer, inspector, and investigator must hold a
permanent peace officer license issued under Chapter 1701,
Occupations Code.
(d) If acting under fire marshal authority to conduct or
supervise arson investigations or fire inspections, a county fire
marshal or the marshal's employees must hold certifications
required for fire inspection by the Texas Commission on Fire
Protection under Chapter 419, Government Code.
SECTION 3. Notwithstanding Sections 775.1025, Health and
Safety Code, and 352.0125, Local Government Code, as added by this
Act, a fire marshal for a county with a population of 100,000 or
more or for an emergency services district wholly located in a
county with a population of 100,000 or more initially appointed
before the effective date of this Act must receive the following
certifications:
(1) head of a suppression fire department
certification issued by the Texas Commission on Fire Protection not
later than 12 months after the effective date of this Act;
(2) head of a prevention-only fire department
certification issued by the Texas Commission on Fire Protection not
later than 12 months after the effective date of this Act;
(3) a fire marshal basic certification issued by the
Texas Commission on Fire Protection not later than 24 months after
the effective date of this Act;
(4) a fire protection personnel certification issued
by the Texas Commission on Fire Protection not later than 12 months
after the effective date of this Act; and
(5) if acting as a peace officer, a permanent peace
officer license issued under Chapter 1701, Occupations Code.
SECTION 4. This Act takes effect September 1, 2025.