BILL ANALYSIS

Senate Research Center	H.B. 3687
89R17138 DNC-F	By: Harless (Bettencourt)
	Local Government
	5/14/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The bill author has informed the committee that while the majority of county fire marshals in Texas are qualified veterans of the fire services or law enforcement, some individuals who are not properly trained and certified as fire marshals have been appointed to the position in some populous counties, leading to problems for the county. H.B. 3687 seeks to ensure that individuals with the immense responsibility of protecting the public's lives and property are properly qualified and experienced by establishing a standard qualification for certain county fire marshals. 

H.B. 3687 amends current law relating to certification requirements for a fire marshal and any related employee, officer, inspector, and investigator appointed by certain counties and emergency services districts.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter F, Chapter 775, Health and Safety Code, by adding Section 775.1025, as follows:

Sec. 775.1025.� CERTIFICATION REQUIREMENTS FOR DISTRICTS LOCATED IN CERTAIN COUNTIES.� (a) Provides that this section applies only to an emergency services district (district) wholly located in a county with a population of 100,000 or more.

(b) Requires the fire marshal to hold the following certifications issued by the Texas Commission on Fire Protection (TCFP): head of a prevention-only fire department certification not later than 12 months after the date the marshal is initially appointed, a fire marshal basic certification not later than 24 months after the date the marshal is initially appointed, and a fire protection personnel certification not later than 12 months after the date the marshal is initially appointed.

(c) Requires the fire marshal and any related officer, inspector, and investigator, if acting as a peace officer, to hold a permanent peace officer license issued under Chapter 1701 (Law Enforcement Officers), Occupations Code.

(d) Requires the fire marshal or the marshal's employees, if acting under fire marshal authority to conduct or supervise arson investigations or fire inspections, to hold certifications required for fire inspection by TCFP under Chapter 419 (Texas Commission on Fire Protection), Government Code.

SECTION 2. Amends Subchapter B, Chapter 352, Local Government Code, by adding Section 352.0125, as follows:

Sec. 352.0125.� CERTIFICATION REQUIREMENTS IN CERTAIN COUNTIES.� (a)� Provides that this section applies only to a county with a population of 100,000 or more.

(b) Requires a county fire marshal to hold the following certifications issued by TCFP: head of a prevention-only fire department certification not later than 12 months after the date the marshal is initially appointed, a fire marshal basic certification not later than 24 months after the date the marshal is initially appointed, and a fire protection personnel certification not later than 12 months after the date the marshal is initially appointed.

(c) Requires a county fire marshal and any related officer, inspector, and investigator, if acting as a peace officer, to hold a permanent peace officer license issued under Chapter 1701, Occupations Code.

(d) Requires a county fire marshal or the marshal's employees, if acting under fire marshal authority to conduct or supervise arson investigations or fire inspections,� to hold certifications required for fire inspection by TCFP under Chapter 419, Government Code.

SECTION 3. Requires 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, notwithstanding Sections 775.1025, Health and Safety Code, and 352.0125, Local Government Code, as added by this Act, to receive certain �certifications.

SECTION 4. Effective date: September 1, 2025.