HB3687 - Relating to certification requirements for a fire marshal and any related employee, officer, inspector, and investigator appointed by certain counties and emergency services districts.

      H.B. No. 3687         AN ACT   relating to certification requirements for a fire marshal and any   related employee, officer, inspector, and investigator appointed   by certain counties and emergency services districts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 775, Health and Safety   Code, is amended by adding Section 775.1025 to read as follows:           Sec.   775.1025.     CERTIFICATION REQUIREMENTS FOR DISTRICTS   LOCATED IN CERTAIN COUNTIES. (a)   This section applies only to a   district wholly located in a county with a population of 100,000 or   more.           (b)     The 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;                 (2)     a fire marshal basic certification not later than   24 months after the date the marshal is initially appointed; and                 (3)     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, the 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, the 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 352.0125 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;                 (2)     a fire marshal basic certification not later than   24 months after the date the marshal is initially appointed; and                 (3)     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 3.  Notwithstanding Sections 775.1025, Health and   Safety Code, and 352.0125, Local Government Code, as added by this   Act, 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 must receive the following   certifications:                (1)  head of a suppression fire department   certification issued by the Texas Commission on Fire Protection not   later than 12 months after the effective date of this Act;                (2)  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;                (3)  a fire marshal basic certification issued by the   Texas Commission on Fire Protection not later than 24 months after   the effective date of this Act;                (4)  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                (5)  if acting as a peace officer, a permanent peace   officer license issued under Chapter 1701, Occupations Code.          SECTION 4.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3687 was passed by the House on May   12, 2025, by the following vote:  Yeas 117, Nays 26, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 3687 was passed by the Senate on May   21, 2025, by the following vote:  Yeas 29, Nays 2.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor