| 1 | 1 | | By: Perry S.B. No. 2143 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the authority of a county to commission certain |
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| 9 | 9 | | individuals as peace officers and establish certain law enforcement |
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| 10 | 10 | | agencies and to certification requirements for fire marshals. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 352, Local Government |
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| 13 | 13 | | Code, is amended by adding Section 352.0125 to read as follows: |
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| 14 | 14 | | Sec. 352.0125. CERTIFICATION REQUIREMENTS IN CERTAIN |
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| 15 | 15 | | COUNTIES. (a) This section applies only to a county with a |
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| 16 | 16 | | population of 100,000 or more. |
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| 17 | 17 | | (b) A county fire marshal shall hold the following |
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| 18 | 18 | | certifications issued by the Texas Commission on Fire Protection: |
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| 19 | 19 | | (1) head of a prevention-only fire department |
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| 20 | 20 | | certification not later than 12 months after the date the marshal is |
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| 21 | 21 | | initially appointed; and |
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| 22 | 22 | | (2) a fire protection personnel certification not |
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| 23 | 23 | | later than 12 months after the date the marshal is initially |
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| 24 | 24 | | appointed. |
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| 25 | 25 | | (c) If acting as a peace officer, a county fire marshal and |
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| 26 | 26 | | any related officer, inspector, and investigator must hold a |
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| 27 | 27 | | permanent peace officer license issued under Chapter 1701, |
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| 28 | 28 | | Occupations Code. |
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| 29 | 29 | | (d) If acting under fire marshal authority to conduct or |
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| 30 | 30 | | supervise arson investigations or fire inspections, a county fire |
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| 31 | 31 | | marshal or the marshal's employees must hold certifications |
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| 32 | 32 | | required for fire inspection by the Texas Commission on Fire |
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| 33 | 33 | | Protection under Chapter 419, Government Code. |
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| 34 | 34 | | SECTION 2. Subchapter B, Chapter 352, Local Government |
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| 35 | 35 | | Code, is amended by adding Section 352.024 to read as follows: |
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| 36 | 36 | | Sec. 352.024. AUTHORITY TO COMMISSION CERTAIN FIRE |
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| 37 | 37 | | PROTECTION OFFICERS AS PEACE OFFICERS. (a) A county may commission |
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| 38 | 38 | | a fire marshal, fire officer, fire inspector, or fire investigator |
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| 39 | 39 | | as a peace officer. |
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| 40 | 40 | | (b) A peace officer commissioned under this section may: |
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| 41 | 41 | | (1) administer this chapter; |
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| 42 | 42 | | (2) support fire-related operations or |
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| 43 | 43 | | investigations; |
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| 44 | 44 | | (3) enforce building-related codes, including codes |
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| 45 | 45 | | involving hazardous materials; and |
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| 46 | 46 | | (4) make recommendations involving building safety. |
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| 47 | 47 | | (c) A peace officer commissioned under this section may not |
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| 48 | 48 | | enforce violations of Subtitle C, Title 7, Transportation Code, |
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| 49 | 49 | | except as related to the enforcement of this chapter or as |
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| 50 | 50 | | authorized by Article 14.03, Code of Criminal Procedure. |
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| 51 | 51 | | SECTION 3. Chapter 362, Local Government Code, is amended |
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| 52 | 52 | | by adding Section 362.006 to read as follows: |
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| 53 | 53 | | Sec. 362.006. ESTABLISHMENT OF CERTAIN LAW ENFORCEMENT |
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| 54 | 54 | | AGENCIES. A county may establish a law enforcement agency only if |
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| 55 | 55 | | authorized by the constitution or other law. |
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| 56 | 56 | | SECTION 4. Notwithstanding Section 352.0125, Local |
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| 57 | 57 | | Government Code, as added by this Act, a fire marshal for a county |
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| 58 | 58 | | with a population of 100,000 or more initially appointed before the |
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| 59 | 59 | | effective date of this Act must receive the following |
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| 60 | 60 | | certifications: |
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| 61 | 61 | | (1) head of a prevention-only fire department |
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| 62 | 62 | | certification issued by the Texas Commission on Fire Protection not |
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| 63 | 63 | | later than 12 months after the effective date of this Act; |
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| 64 | 64 | | (2) a fire protection personnel certification issued |
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| 65 | 65 | | by the Texas Commission on Fire Protection not later than 12 months |
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| 66 | 66 | | after the effective date of this Act; and |
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| 67 | 67 | | (3) if acting as a peace officer, a permanent peace |
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| 68 | 68 | | officer license issued under Chapter 1701, Occupations Code. |
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| 69 | 69 | | SECTION 5. This Act takes effect September 1, 2025. |
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