BILL ANALYSIS

H.B. 3687

By: Harless

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

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.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3687 amends the Health and Safety Code and Local Government Code to require a fire marshal for a county with a population of 100,000 or more or for an emergency services district wholly located in such a county 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.

If acting as a peace officer, the fire marshal and any related officer, inspector, and investigator must hold a permanent peace officer license. 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 TCFP.

H.B. 3687 requires a fire marshal for a county with a population of 100,000 or more or for an emergency services district wholly located in such a county who is initially appointed before the bill's effective date to receive the following certifications, notwithstanding the bill's other provisions:

· head of a suppression fire department certification, head of a prevention-only fire department certification, and a fire protection personnel certification, issued by TCFP not later than 12 months after the bill's effective date;

· a fire marshal basic certification issued by TCFP not later than 24 months after the bill's effective date; and

· if acting as a peace officer, a permanent peace officer license.

EFFECTIVE DATE

September 1, 2025.