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A BILL TO BE ENTITLED
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AN ACT
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relating to certification requirements for a fire marshal and any |
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related employee, officer, inspector, and investigator appointed |
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by certain counties and emergency services districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.1025 to read as follows: |
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Sec. 775.1025. CERTIFICATION REQUIREMENTS FOR DISTRICTS |
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LOCATED IN CERTAIN COUNTIES. (a) This section applies only to a |
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district wholly located in a county with a population of 100,000 or |
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more. |
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(b) The fire marshal shall hold the following |
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certifications issued by the Texas Commission on Fire Protection: |
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(1) head of a prevention-only fire department |
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certification not later than 12 months after the date the marshal is |
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initially appointed; |
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(2) a fire marshal basic certification not later than |
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24 months after the date the marshal is initially appointed; and |
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(3) a fire protection personnel certification not |
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later than 12 months after the date the marshal is initially |
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appointed. |
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(c) If acting as a peace officer, the fire marshal and any |
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related officer, inspector, and investigator must hold a permanent |
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peace officer license issued under Chapter 1701, Occupations Code. |
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(d) If acting under fire marshal authority to conduct or |
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supervise arson investigations or fire inspections, the fire |
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marshal or the marshal's employees must hold certifications |
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required for fire inspection by the Texas Commission on Fire |
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Protection under Chapter 419, Government Code. |
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SECTION 2. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.0125 to read as follows: |
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Sec. 352.0125. CERTIFICATION REQUIREMENTS IN CERTAIN |
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COUNTIES. (a) This section applies only to a county with a |
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population of 100,000 or more. |
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(b) A county fire marshal shall hold the following |
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certifications issued by the Texas Commission on Fire Protection: |
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(1) head of a prevention-only fire department |
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certification not later than 12 months after the date the marshal is |
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initially appointed; |
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(2) a fire marshal basic certification not later than |
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24 months after the date the marshal is initially appointed; and |
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(3) a fire protection personnel certification not |
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later than 12 months after the date the marshal is initially |
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appointed. |
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(c) If acting as a peace officer, a county fire marshal and |
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any related officer, inspector, and investigator must hold a |
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permanent peace officer license issued under Chapter 1701, |
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Occupations Code. |
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(d) If acting under fire marshal authority to conduct or |
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supervise arson investigations or fire inspections, a county fire |
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marshal or the marshal's employees must hold certifications |
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required for fire inspection by the Texas Commission on Fire |
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Protection under Chapter 419, Government Code. |
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SECTION 3. Notwithstanding Sections 775.1025, Health and |
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Safety Code, and 352.0125, Local Government Code, as added by this |
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Act, a fire marshal for a county with a population of 100,000 or |
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more or for an emergency services district wholly located in a |
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county with a population of 100,000 or more initially appointed |
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before the effective date of this Act must receive the following |
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certifications: |
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(1) head of a suppression fire department |
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certification issued by the Texas Commission on Fire Protection not |
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later than 12 months after the effective date of this Act; |
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(2) head of a prevention-only fire department |
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certification issued by the Texas Commission on Fire Protection not |
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later than 12 months after the effective date of this Act; |
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(3) a fire marshal basic certification issued by the |
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Texas Commission on Fire Protection not later than 24 months after |
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the effective date of this Act; |
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(4) a fire protection personnel certification issued |
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by the Texas Commission on Fire Protection not later than 12 months |
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after the effective date of this Act; and |
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(5) if acting as a peace officer, a permanent peace |
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officer license issued under Chapter 1701, Occupations Code. |
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SECTION 4. This Act takes effect September 1, 2025. |