TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 469. TECHNICAL RESCUE

The Texas Commission on Fire Protection (the Commission) proposes amendments to 37 Texas Administrative Code (TAC) Chapter 469, Technical Rescue, concerning §469.1, Rope Rescue Awareness Level/Operations Level Certification, and §469.201, Rope Rescue Technician Level.

The proposed amendments clarify and update certification pathways for Rope Rescue Awareness/Operations Level and Rope Rescue Technician Level personnel. The amendments align Commission certification requirements with NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications, and provide clearer standards for training, examination, and certification.

The proposed amendments also include temporary transition provisions that allow eligible individuals currently performing rope rescue duties to test for certification during a defined time period. These provisions are intended to ensure continuity while updated certification requirements are implemented. No new certification levels are created by the proposed amendments.

FISCAL NOTE / IMPACT ON STATE AND LOCAL GOVERNMENT

Mike Wisko, Agency Chief, has determined that for each year of the first five-year period the proposed amendments are in effect, there will be no fiscal impact to state or local governments as a result of enforcing or administering the proposed amendments.

PUBLIC BENEFIT AND COST NOTE

Mr. Wisko has also determined that for each of the first five years the proposed amendments are in effect, the public benefit anticipated will be improved clarity, consistency, and administration of technical rescue certification requirements. There are no anticipated economic costs to individuals required to comply with the proposed amendments.

LOCAL ECONOMY IMPACT STATEMENT

There is no anticipated effect on local economies; 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

The proposed amendments do not have an adverse economic impact on small businesses, micro-businesses, or rural communities. Accordingly, no regulatory flexibility analysis is required under Texas Government Code §2006.002.

GOVERNMENT GROWTH IMPACT STATEMENT

The Commission has determined that during the first five years the proposed amendments are in effect:

The proposed amendments will not create or eliminate a government program;

The proposed amendments will not require an increase or decrease in future legislative appropriations;

The proposed amendments will not require an increase or decrease in fees paid to the agency;

The proposed amendments will not create a new regulation;

The proposed amendments will not expand, limit, or repeal an existing regulation;

The proposed amendments will not increase the number of individuals subject to the rule; and

The proposed amendments are not anticipated to have an adverse effect on the state's economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that the proposed amendments do not restrict or limit an owner's right to property that would otherwise exist in the absence of government action; therefore, no takings impact assessment is required under Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS

The proposed amendments do not impose a cost on regulated persons, including other state agencies, special districts, or local governments, and therefore are not subject to Texas Government Code §2001.0045.

ENVIRONMENTAL IMPACT STATEMENT

The Commission has determined that the proposed amendments do not require an environmental impact analysis because they are not a major environmental rule under Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Written comments regarding the proposed amendments may be submitted within 30 days of publication in the Texas Register to:

Frank King

General Counsel

Texas Commission on Fire Protection

4800 North Lamar Boulevard, Suite 342

Austin, Texas 78756

Email: frank.king@tcfp.texas.gov

SUBCHAPTER A. MINIMUM STANDARDS FOR ROPE RESCUE AWARENESS AND OPERATIONS

37 TAC §469.1

STATUTORY AUTHORITY

The proposed amendments are authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its statutory responsibilities.

CROSS-REFERENCE TO STATUTE

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

§469.1. Rope Rescue Awareness Level/Operations Level Certification.

(a) A Rope Rescue Awareness Level/Operations Level Rescuer is an individual who has met the requirements of Chapters 5.1 and 5.2 of NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications and has the knowledge, skills, and ability to perform Rope Rescue at the Awareness Level/Operations Level.

(b) All individuals holding a Rope Rescue Awareness Level/Operations Level 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 Rope Rescue Awareness Level/Operations Level by:]

[(1) holding as a minimum, Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel through the commission; and]

[(2) providing documentation acceptable to the commission, in the form of an affidavit from the individual's Head of Department or Chief Training Officer, that the individual has met the department's requirements to perform as a Rope Rescuer and has demonstrated proficiency as a Rope Rescuer at the Rope Rescue Awareness Level/Operations Level.]

[(d) All applications for testing during the special temporary provision period must be received no earlier than October 1, 2024, and no later than October 1, 2025.]

[(e) This special temporary provision will expire on November 1, 2025.]

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 December 31, 2025.

TRD-202504826

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: February 15, 2026

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


SUBCHAPTER B. MINIMUM STANDARDS FOR ROPE RESCUE TECHNICIAN

37 TAC §469.201

STATUTORY AUTHORITY

The proposed amendments are authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its statutory responsibilities.

CROSS-REFERENCE TO STATUTE

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

§469.201. Rope Rescue Technician Level.

(a) A Rope Rescue Technician Level Rescuer is an individual who has met the requirements of chapter 5.3 of NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications, and has the knowledge, skills, and ability to perform Rope Rescue at the Technician Level.

(b) All individuals holding a Rope Rescue Technician Level 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 examinations for the Rope Rescue Technician Level by:]

[(1) holding as a minimum, Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel through the commission; and]

[(2) providing documentation acceptable to the commission, in the form of an affidavit from the individual's Head of Department or Chief Training Officer, that the individual has met the department's requirements to perform as a Rope Rescuer and has demonstrated proficiency as a Rope Rescuer at the Rope Rescue Technician Level.]

[(d) All applications for testing during the special temporary provision period must be received no earlier than October 1, 2024, and no later than October 1, 2025.]

[(e) This special temporary provision will expire on November 1, 2025.]

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 December 31, 2025.

TRD-202600001

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: February 15, 2026

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