TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 13. TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 439. EXAMINATIONS FOR CERTIFICATION
SUBCHAPTER
A.
The Texas Commission on Fire Protection (Commission) proposes an amendment to 37 Texas Administrative Code (TAC) §439.19(b), "Examinations," to revise the examination chart. The Commission takes this action under Government Code §419.008(a), which authorizes the Commission to develop and adopt rules necessary to implement its functions and duties relating to fire protection.
BACKGROUND AND PURPOSE
The purpose of the proposed amendment is to enhance flexibility in the fire protection personnel certification process by revising the examination chart in §439.19(b). The amendment creates additional combination examination options for the Basic Structure Fire Suppression curriculum, allowing candidates greater flexibility in the certification pathway. The amendment also consolidates the separate Basic Fire Inspector I and Basic Fire Inspector II examinations into a single Basic Fire Inspector examination, streamlining the inspection certification pathway. The chart has been reformatted to reflect these structural changes, improving clarity and usability for training facilities and candidates.
FISCAL NOTE AND IMPACT ON STATE AND LOCAL GOVERNMENT
Michael Wisko, Agency Chief, has determined that for each year of the first five-year period these amendments are in effect, there will be no fiscal impact on state or local government as a result of enforcing or administering these rules.
PUBLIC BENEFIT AND COST NOTE
Mr. Wisko has also determined that for each of the first five years these amendments are in effect, the anticipated public benefit will be increased flexibility in examination scheduling and delivery options for certification candidates, along with streamlined inspection certification pathways. There are no anticipated economic costs to individuals required to comply with the proposed rules.
LOCAL ECONOMY IMPACT STATEMENT
There is no anticipated effect on local employment or the local economy for the first five years the amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code § 2001.022.
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
The Commission has determined that there will be no effect on small or micro-businesses or rural communities as a result of implementing these amendments; therefore, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code § 2006.002.
GOVERNMENT GROWTH IMPACT STATEMENT
Under Texas Government Code § 2001.0221, the Commission has determined that during the first five years the amendments are in effect:
The rules will not create or eliminate a government program;
The rules will not create or eliminate any existing employee positions;
The rules will not require an increase or decrease in future legislative appropriations;
The rules will not result in an increase or decrease in fees paid to the agency;
The rules will not create a new regulation;
The rules will not expand, limit, or repeal an existing regulation;
The rules will not increase the number of individuals subject to the rule; and
The rules are not anticipated to have an adverse effect on the state's economy.
TAKINGS IMPACT ASSESSMENT
The Commission has determined that the proposed amendment does not restrict or burden private real-property rights and therefore does not constitute a taking under Texas Government Code § 2007.043.
COSTS TO REGULATED PERSONS
The proposed amendment does not impose additional costs 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 amendment is not a major environmental rule under Texas Government Code § 2001.0225.
REQUEST FOR PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing within 30 days of 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
Email: frank.king@tcfp.texas.gov
STATUTORY AUTHORITY
The proposed amendment is authorized by Texas Government Code §419.008(a), which authorizes the Commission to adopt rules for the administration of its statutory responsibilities.
Cross Reference to Statute: Texas Government Code, Chapter 419.
§439.19.
(a) Each examination may have two types of questions: pilot and active. Pilot questions are new questions placed on the examination for statistical purposes only. These questions do not count against an examinee if answered incorrectly. The maximum possible number of pilot questions will be 10% of the number of exam questions, rounded up.
(b) The number of questions on an examination, sectional examination, or retest will be based upon the specific examination, or number of recommended hours for a particular curriculum or section as shown in the table below. Any pilot questions added to an examination, sectional examination, or retest will be in addition to the number of exam questions.
Figure: 37 TAC §439.19(b) (.pdf)
[Figure: 37 TAC §439.19(b)]
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 2, 2026.
TRD-202602719
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Earliest possible date of adoption: August 16, 2026
For further information, please call: (512) 936-3812