TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 13. TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 467. FIRE MARSHAL
SUBCHAPTER
A.
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter, 37 Texas Administrative Code Chapter 467, Fire Marshal, Subchapter A, Minimum Standards For Basic Fire Marshal Certification, concerning §467.1 Basic Fire Marshal Certification.
BACKGROUND AND PURPOSE
The proposed amendment removes subsection (c), which outlines a special temporary provision scheduled to expire on August 30, 2024. This change eliminates the time-limited eligibility pathway and restores the rule's standard structure and formatting.
FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT
Michael Wisko, Agency Chief, has determined that for each year of the first five-year period, the proposed amendment is in effect, there will be no significant fiscal impact to state government or local governments because of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4).
PUBLIC BENEFIT AND COST NOTE
Mr. Wisko has also determined under Texas Government Code §2001.024(a)(5) that for each year of the first five years the proposed amendment is in effect, the public benefit will be accurate, clear, and concise rules.
LOCAL ECONOMY IMPACT STATEMENT
There is no anticipated effect on the local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
Mr. Wisko has determined there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing the proposed amendment. Therefore, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002.
GOVERNMENT GROWTH IMPACT STATEMENT
The agency has determined under Texas Government Code §2006.0221 that during the first five years the proposed amendment is in effect:
(1) the rules will not create or eliminate a government program;
(2) the rules will not create or eliminate any existing employee positions;
(3) the rules will not require an increase or decrease in future legislative appropriation;
(4) the rules will not result in a decrease in fees paid to the agency;
(5) the rules will not create a new regulation;
(6) the rules will not expand a regulation;
(7) the rules will not increase the number of individuals subject to the rule; and
(8) the rules are not anticipated to have an adverse impact on the state's economy.
TAKINGS IMPACT ASSESSMENT
The Commission has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
COSTS TO REGULATED PERSONS
The proposed amendment does not impose a cost on regulated persons, including another state agency, a special district, or a local government, and, therefore, are not subject to Texas Government Code §2001.0045.
ENVIRONMENTAL IMPACT STATEMENT
The Commission has determined that the proposed amendment does not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.
REQUEST FOR PUBLIC COMMENT
Comments regarding the proposed amendment may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register, to Frank King, General Counsel, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768, or e-mailed to frank.king@tcfp.texas.gov.
STATUTORY AUTHORITY
These amendment is proposed under Texas Government Code §419.008(f), which provides the Commission may appoint an advisory committee to assist it in the performance of its duties, and under Texas Government Code §419.008(a), which provides the Commission may adopt rules for the administration of its powers and duties. Additionally, §463.7, Terms, is proposed pursuant to Texas Government Code §419.008(f), which provides members appointed under chapter 419 shall serve six-year staggered terms but may not be appointed to more than two consecutive terms.
CROSS-REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these amendments.
§
467.1.
(a) A Fire Marshal is defined as an individual designated to provide delivery, management, and/or administration of fire protection- and life safety-related codes and standards, investigations, education, and/or prevention services.
(b) All individuals holding a Fire Marshal certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).
[(c) Special temporary provision. Individuals are eligible to take the Commission examination for Basic Fire Marshal by:]
[(1) holding as a minimum, Instructor I certification through the Commission; and]
[(2) holding as a minimum, Fire Investigator certification or Arson Investigator certification through the Commission; and]
[(3) holding as a minimum, Fire Inspector certification through the Commission.]
[(4) All applications for testing during the special temporary provision period must be received no earlier than August 1, 2023, and no later than August 1, 2024.]
[(5) This subsection will expire on August 30, 2024.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 29, 2025.
TRD-202502674
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Earliest possible date of adoption: September 14, 2025
For further information, please call: (512) 936-3812