| |
|
|
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. |