By: Perry S.B. No. 2143
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to commission certain
individuals as peace officers and establish certain law enforcement
agencies and to certification requirements for fire marshals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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; and
(2) 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 2. Subchapter B, Chapter 352, Local Government
Code, is amended by adding Section 352.024 to read as follows:
Sec. 352.024. AUTHORITY TO COMMISSION CERTAIN FIRE
PROTECTION OFFICERS AS PEACE OFFICERS. (a) A county may commission
a fire marshal, fire officer, fire inspector, or fire investigator
as a peace officer.
(b) A peace officer commissioned under this section may:
(1) administer this chapter;
(2) support fire-related operations or
investigations;
(3) enforce building-related codes, including codes
involving hazardous materials; and
(4) make recommendations involving building safety.
(c) A peace officer commissioned under this section may not
enforce violations of Subtitle C, Title 7, Transportation Code,
except as related to the enforcement of this chapter or as
authorized by Article 14.03, Code of Criminal Procedure.
SECTION 3. Chapter 362, Local Government Code, is amended
by adding Section 362.006 to read as follows:
Sec. 362.006. ESTABLISHMENT OF CERTAIN LAW ENFORCEMENT
AGENCIES. A county may establish a law enforcement agency only if
authorized by the constitution or other law.
SECTION 4. Notwithstanding Section 352.0125, Local
Government Code, as added by this Act, a fire marshal for 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 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;
(2) 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
(3) if acting as a peace officer, a permanent peace
officer license issued under Chapter 1701, Occupations Code.
SECTION 5. This Act takes effect September 1, 2025.