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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to commission certain |
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individuals as peace officers and establish certain law enforcement |
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agencies and to certification requirements for fire marshals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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; and |
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(2) 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 2. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.024 to read as follows: |
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Sec. 352.024. AUTHORITY TO COMMISSION CERTAIN FIRE |
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PROTECTION OFFICERS AS PEACE OFFICERS. (a) A county may commission |
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a fire marshal, fire officer, fire inspector, or fire investigator |
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as a peace officer. |
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(b) A peace officer commissioned under this section may: |
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(1) administer this chapter; |
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(2) support fire-related operations or |
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investigations; |
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(3) enforce building-related codes, including codes |
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involving hazardous materials; and |
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(4) make recommendations involving building safety. |
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(c) A peace officer commissioned under this section may not |
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enforce violations of Subtitle C, Title 7, Transportation Code, |
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except as related to the enforcement of this chapter or as |
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authorized by Article 14.03, Code of Criminal Procedure. |
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SECTION 3. Chapter 362, Local Government Code, is amended |
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by adding Section 362.006 to read as follows: |
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Sec. 362.006. ESTABLISHMENT OF CERTAIN LAW ENFORCEMENT |
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AGENCIES. A county may establish a law enforcement agency only if |
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authorized by the constitution or other law. |
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SECTION 4. Notwithstanding Section 352.0125, Local |
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Government Code, as added by this Act, a fire marshal for a county |
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with a population of 100,000 or more initially appointed before the |
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effective date of this Act must receive the following |
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certifications: |
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(1) 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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(2) 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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(3) 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 5. This Act takes effect September 1, 2025. |
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