TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 401. ADMINISTRATIVE PRACTICE AND PROCEDURE

The Texas Commission on Fire Protection (Commission) adopts amendments to 37 Texas Administrative Code, Chapter 401, Administrative Practice and Procedure, concerning §§401.1, 401.3, 401.7, 401.9, 401.11, 401.13, 401.17, 401.19, 401.21, 401.23, 401.31, 401.41, 401.53, 401.57, 401.59, 401.61, 401.63, 401.67, 401.105, 401.111, 401.113, 401.115, 401.117, 401.119, 401.121, 401.127, 401.129, and 401.131. It also adopts the repeal of §401.17. The amendments and repeal are adopted without change to the proposed text as published in the November 21, 2025 issue of the Texas Register (50 TexReg 7521). The rules will not be republished.

Reasoned Justification

The adopted amendments update and clarify administrative procedures and rulemaking processes of the Commission to ensure consistency, transparency, and alignment with current statutory requirements. These changes improve clarity and usability of the Commission's rules without altering substantive regulatory requirements.

Public Comment

The Commission did not receive any public comments regarding the proposed amendments.

SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS

37 TAC §§401.1, 401.3, 401.7, 401.9, 401.11, 401.13

Statutory Authority

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

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 January 14, 2026.

TRD-202600117

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER B. RULEMAKING PROCEEDINGS

37 TAC §401.17

Statutory Authority

The adopted repeal is authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its powers and duties.

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 January 14, 2026.

TRD-202600118

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


37 TAC §401.19

Statutory Authority

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

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 January 14, 2026.

TRD-202600119

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER C. EXAMINATION APPEALS PROCESS

37 TAC §401.21, §401.23

Statutory Authority

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

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 January 14, 2026.

TRD-202600120

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER D. DISCIPLINARY PROCEEDINGS

37 TAC §401.31

Statutory Authority

The adopted amendment is authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its powers and duties.

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 January 14, 2026.

TRD-202600121

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER E. PREHEARING PROCEEDINGS

37 TAC §401.41

Statutory Authority

The adopted amendment is authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its powers and duties.

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 January 14, 2026.

TRD-202600122

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER F. CONTESTED CASES

37 TAC §§401.53, 401.57, 401.59, 401.61, 401.63, 401.67

Statutory Authority

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

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 January 14, 2026.

TRD-202600123

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER G. CONDUCT AND DECORUM, SANCTIONS, AND PENALTIES

37 TAC §401.105

Statutory Authority

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

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 January 14, 2026.

TRD-202600172

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER H. REINSTATEMENT

37 TAC §§401.111, 401.113, 401.115, 401.117, 401.119

Statutory Authority

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

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 January 14, 2026.

TRD-202600124

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER I. NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS

37 TAC §401.121, §401.127

Statutory Authority

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

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 January 14, 2026.

TRD-202600125

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER J. CHARGES FOR PUBLIC RECORDS

37 TAC §401.129

Statutory Authority

The adopted amendment is authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its powers and duties.

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 January 14, 2026.

TRD-202600126

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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


SUBCHAPTER K. HISTORICALLY UNDERUTILIZED BUSINESSES

37 TAC §401.131

Statutory Authority

The adopted amendment is authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its powers and duties.

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 January 14, 2026.

TRD-202600127

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: February 3, 2026

Proposal publication date: November 21, 2025

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