TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 435. FIRE FIGHTER SAFETY

The Texas Commission on Fire Protection (Commission) adopts new 37 TAC §435.33, concerning Occupational Cancer Screening for Firefighters, without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2884). The rule will not be republished.

JUSTIFICATION FOR RULE ACTION

The Commission adopts this new section to implement the requirements of House Bill 198 (88th Legislature, Regular Session, 2023), known as the Wade Cannon Act. The new section establishes minimum requirements for regulated entities to offer confidential occupational cancer screenings to firefighters, develop and maintain a standard operating procedure to ensure firefighters are offered confidential occupational cancer screenings, and submit an alternative occupational medical examination plan to the Commission when the entity elects not to provide the required screenings. The rule promotes the early detection of occupational cancers and establishes consistent minimum standards for compliance with Texas Local Government Code, Chapter 180.

HOW THE RULE WILL FUNCTION

As adopted, §435.33 requires regulated entities to assess occupational health risks associated with firefighting duties and to develop and maintain a standard operating procedure ensuring that each firefighter is offered a confidential occupational cancer screening at no cost beginning no later than the firefighter's fifth year of employment and annually thereafter. The rule establishes the minimum screening components, allows regulated entities to submit an alternative occupational medical examination plan that meets statutory requirements, and requires the standard operating procedure, any alternative plan, and confirmation of compliance to be made available to the Commission for inspection.

SUMMARY OF COMMENTS

No comments were received regarding adoption of this new section.

STATUTORY AUTHORITY

The new section is adopted under Texas Government Code, §419.008, which grants the Texas Commission on Fire Protection the authority to adopt rules necessary to carry out the Commission's powers and duties. The new section also implements Texas Local Government Code, §180.011.

No other statutes, articles, or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 2, 2026.

TRD-202602718

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: July 22, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 936-3812