TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

The Texas Board of Criminal Justice (board) proposes amendments to §163.38, concerning Sex Offender Supervision. The proposed amendments update statutory references, add language to include applicable grant conditions in subsection (g), and make grammatical and formatting updates.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments and information such as applicable data, research, or analysis related to the cost, benefit, or effect of the proposed amendments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments and informational submissions from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §76.016, which requires victim notification; §492.013, which authorizes the board to adopt rules; §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division; and Texas Code of Criminal Procedure Chapter 42A, which establishes guidelines for community supervision and Chapter 62, which establishes the sex offender registration program.

Cross Reference to Statutes: None.

§163.38. Sex Offender Supervision.

(a) Definitions.

(1) "Jurisdictional Authority" is a sentencing court, the Board of Pardons and Paroles (BPP), or a division of the Texas Department of Criminal Justice as applicable to the offender.

(2) "Sex Crime" is a reportable offense under Texas Code of Criminal Procedure Article 62.001(5) or an offense identified as a sexual offense by the Texas Penal Code laws of the United States, another state, another country, or the Uniform Code of Military Justice.

(3) "Sex Offender" is an offender who:

(A) is convicted of committing or adjudicated to have committed a sex crime;

(B) is awarded deferred adjudication for a sex crime; or

(C) has been ordered by the jurisdictional authority to participate in sex offender supervision or treatment.

(b) A community supervision and corrections department (CSCD) supervising sex offenders shall ensure consistency in the manner in which sex offenders are supervised throughout the CSCD [department]. Policies and procedures shall be developed that, at a minimum, include the following:

(1) contact standards as per 37 Texas Administrative Code §163.35(d)(5) [§163.35(c)(5)];

(2) sex offender registration as per Texas Code of Criminal Procedure Chapter 62;

(3) DNA collection as per Texas Code of Criminal Procedure Article 42A.301(b)(20) [42A.301(b)(21)];

(4) violation procedures as per 37 Texas Administrative Code §163.35(d)(7) [§163.35(c)(7)];

(5) victim notification as per Texas Government Code §76.016;

(6) treatment referral process as per Texas Code of Criminal Procedure Article 42A.258 [42A.453(i)];

(7) treatment participation requirements;

(8) team approach to supervision;

(9) sharing of information and documentation with the appropriate agencies; and

(10) specialized caseload size, if applicable.

(c) Each CSCD shall develop policies and procedures that address the needs and safety of victims or potential victims. The policies may include collaborating with victims, victim advocates, or sexual assault task forces in the supervision and treatment of sex offenders.

(d) Community supervision officers (CSOs) shall use a record keeping system to document all significant actions, decisions, services rendered, and periodic evaluations in each offender's case file, including the offender's level of supervision, compliance with the conditions of community supervision, progress with the supervision plan, and responses to intervention.

(e) CSOs shall collaborate with collateral sources, including treatment providers, polygraph examiners, significant others, sex offender registration personnel, sex offenders' families, local law enforcement, schools, Child Protective Services, employers, chaperones, and victim service providers.

(f) CSOs shall recommend that conditions be tailored to the sex offender's identified risk.

(g) CSOs shall make face-to-face field visits and collateral contacts with each [the] offender under the supervision of the CSCD, family, community resources, or other persons consistent with a supervision plan, applicable grant conditions, and the level of supervision on which the offender is being supervised. Each CSCD director shall establish supervision contact and casework standards at a level appropriate for that jurisdiction, but in all cases, offenders at higher levels of supervision shall receive a higher level of contacts than offenders at lower levels of supervision. Supervision contacts shall be specified in the CSCD written policies and procedures.

(h) Each CSCD director shall work with the local judiciary to specify written policies and procedures wherein CSOs may make recommendations to the courts regarding violations of conditions of community supervision, as well as when violations may be handled administratively. The continuum of sanctions or alternatives to incarceration shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction.

(i) CSOs shall timely transmit information regarding supervision and treatment upon transfer of supervision.

(j) In addition to the above, a CSCD may operate specialized caseloads for sex offenders. In this event, the CSCD shall have a written policy that:

(1) establishes minimum qualifications and training requirements for CSOs supervising sex offenders; and

(2) specifies the number of staff required for the increased level of supervision essential for the specialized supervision of sex offenders. The caseload size shall not exceed 60 offenders per caseload.

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 April 20, 2026.

TRD-202601684

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: May 31, 2026

For further information, please call: (936) 437-6700

CHAPTER 195. PAROLE

The Texas Board of Criminal Justice (board) proposes amendments to §195.81, concerning Temporary Housing Assistance Program. The proposed amendments replace "offender" with "parole client" throughout, update address information in paragraph (c)(1), and make grammatical and formatting updates.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice (TDCJ), has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required.

The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments and information such as applicable data, research, or analysis related to the cost, benefit, or effect of the proposed amendments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments and informational submissions from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §508.157, which establish guidelines for temporary housing on release.

Cross Reference to Statutes: None.

§195.81. Temporary Housing Assistance Program.

(a) Purpose. The temporary housing assistance program is intended primarily to provide housing assistance for members of the Texas Department of Criminal Justice (TDCJ) population [offenders] who have been approved for parole, but have no home plan, and to assist parole clients [offenders] in the transition from community residential facilities and transitional treatment centers. The TDCJ [Texas Department of Criminal Justice (TDCJ)] is authorized to pay for temporary housing for any parole client [offender] who has insufficient financial and residential resources when released on parole or mandatory supervision on or after January 1, 2010.

(b) Criteria for Temporary Housing Assistance.

(1) Temporary housing assistance may only be provided if the TDCJ does not operate or contract for the operation of a residential correctional facility in the parole client's [offender's] legal county of residence. A residential correctional facility does not include a transitional treatment center, a substance abuse felony punishment facility, or any other facility operated by or under contract with the TDCJ for the primary purpose of providing [to provide] substance abuse treatment or aftercare.

(2) The temporary housing must have existed on June 1, 2009, as either a multifamily residence or a motel unless the TDCJ or the owner of the structure provides notice and has a public meeting as required for a community corrections facility on the issue of whether the use is appropriate.

(3) A parole client's [An offender's] family, personal sponsors, or anyone on community supervision, parole, or mandatory supervision, or persons required to register as a sex offender are not eligible to provide housing for temporary housing assistance.

(c) Temporary Housing Site Approval.

(1) Any provider that wants to provide temporary housing for a parole client [an offender] shall contact the TDCJ Parole Division, Huntsville Placement and Release Unit, 1022 Veterans Memorial Parkway, Suite C [1650 7th St., West Building], Huntsville, Texas 77340 [77320].

(2) The TDCJ shall investigate and approve the sites it deems appropriate. Factors considered shall include whether:

(A) The site is located within range of public transportation routes, or transportation is provided by the provider to job interviews, employment, housing searches, and counseling appointments.

(B) The site is located within 1,000 feet of premises where children commonly gather, including a school, day care facility, playground, public or private youth center, public swimming pool, or video arcade facility.

(C) The site is properly maintained and clean.

(D) The provider rules are consistent with parole rules and conditions of supervision.

(3) The TDCJ shall maintain a list of all providers and sites that have been approved for temporary housing.

(d) Parole Client [Offender] Selection and Placement.

(1) The TDCJ shall not discriminate against any parole client [offender] because of race, color, religion, sex [gender], national origin, age, disability, or genetic information.

(2) A parole client [An offender] released on parole or mandatory supervision on or after January 1, 2010, with insufficient financial and residential resources, shall be considered for temporary housing assistance.

(3) A parole client [An offender] released on parole or mandatory supervision on or after January 1, 2010, who is residing in a community residential facility or transitional treatment center and who demonstrates progress toward self-sufficiency, may also be considered for temporary housing assistance if it appears they will become capable of meeting their own financial needs. The TDCJ shall consider whether the parole client [offender] has:

(A) A savings or trust fund account balance;

(B) Current or prospective employment;

(C) An employment history;

(D) Vocational skills; and/or

(E) A level of educational achievement above the sixth grade.

(4) A parole client [An offender] shall only receive temporary housing assistance at sites in the county in which the parole client [offender] resided at the time of committing the offense for which the parole client [offender] was sentenced to the TDCJ or in the county of conviction if not a resident of the state at the time of conviction.

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 April 20, 2026.

TRD-202601685

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: May 31, 2026

For further information, please call: (936) 437-6700

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 427. TRAINING FACILITY CERTIFICATION

The Texas Commission on Fire Protection (Commission) proposes amendments to 37 Texas Administrative Code, Chapter 427, Training Facility Certification, concerning §427.11, Reference Material, §427.211, Reference Material, §427.301, General Provision for Training Programs--On-Site and Distance Training Providers and §427.403, Financial Standards.

Background and Purpose

The purpose of the proposed amendments is to clarify and update the requirements for certified training facilities and training providers that conduct fire protection personnel certification programs. The amendments strengthen standards related to facilities, equipment, instructor qualifications, testing, and recordkeeping, while aligning training requirements with applicable NFPA standards and commission curriculum competencies to ensure consistent, safe, and effective firefighter training statewide.

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 clearer and more consistent rule language. 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 amendments do not restrict or burden private real-property rights and therefore do not constitute a taking under Texas Government Code § 2007.043.

Costs to Regulated Persons

The proposed amendments do 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 amendments do 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 on the proposed amendments 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

SUBCHAPTER A. ON-SITE CERTIFIED TRAINING PROVIDER

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: Texas Government Code, Chapter 419.

§427.11. Reference Material.

A reference library is required, that reference library may be physical or digital. The library must contain each of the required and recommended references, as identified in the applicable curriculum, in order [the publications required] to conduct research and develop lesson plans covering the material required in the applicable training program. The reference library material must be readily and easily accessible to students and instructors.

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 April 17, 2026.

TRD-202601662

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

SUBCHAPTER B. DISTANCE TRAINING PROVIDER

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: Texas Government Code, Chapter 419.

§427.211. Reference Material.

A reference library is required, that reference library may be physical or digital. The library must contain each of the required and recommended references, as identified in the applicable curriculum, in order [the publications required] to conduct research and develop lesson plans covering the material required in the applicable training program. The reference library material must be readily and easily accessible to students and instructors.

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 April 17, 2026.

TRD-202601664

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

SUBCHAPTER C. TRAINING PROGRAMS FOR ON-SITE AND DISTANCE TRAINING PROVIDERS

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: Texas Government Code, Chapter 419.

§427.301. General Provisions for Training Programs--On-Site and Distance Training Providers.

(a) Training programs that are intended to satisfy the requirements for fire protection personnel certification must meet the objectives and competencies in that discipline.

(b) A system for evaluating the comprehension of the trainee, including periodic and comprehensive written tests, is required. If performance skills are part of the applicable curriculum, performance testing shall be done in accordance with §439.11 of this title (relating to Commission-Designated Performance Skill Evaluations).

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 April 17, 2026.

TRD-202601665

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

SUBCHAPTER D. CERTIFIED TRAINING FACILITIES

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: Texas Government Code, Chapter 419.

§427.403. Financial Standards.

(a) Definitions Relating to Financial Requirements.

(1) Balance Sheet--A statement of financial position or statement of condition, showing the status of assets, liabilities and owner equity for a defined period i.e., monthly, quarterly, etc.

(2) Current ratio--Ability [ability] to pay current obligations from current assets.

(3) Generally Accepted Accounting Principles (GAAP)--Conventions, rules and procedures that define accepted accounting practices to include both broad guidelines as well as detailed procedures.

(4) Generally Accepted Auditing Standards (GAAS)--Conventions, rules and procedures that define accepted audit practices.

(5) Stockholders Equity (net worth)--Amount [amount] by which assets exceed liabilities.

(6) Sworn statement--A notarized statement including the following language: "I swear or affirm that the information in these statements is true and correct to the best of my knowledge."

(7) Unearned income (tuition) affidavit--A statement of income received but not yet earned during the current or most recent fiscal year. This is usually shown as a liability on a balance sheet, assuming it will be credited to income within the normal accounting cycle.

(b) The balance sheet required in this subchapter shall reflect the following:

(1) positive equity or net worth balance;

(2) unearned tuition as a current liability;

(3) a current ratio of at least one-to-one (current assets divided by current liabilities); and

(4) stockholder's equity or net worth exceeding the amount shown for goodwill, if applicable, under assets in the balance sheet.

(c) Compilations shall be accompanied by the owner's sworn statement that all submitted documents are true and correct to the best of the owner's knowledge.

(d) All financial statements shall identify the name, license number, and licensing state of the accountant associated with the statements and be in accordance with GAAP.

(e) A school that maintains a financial responsibility composite score that meets the general standards established in federal regulations by the U.S. Department of Education for postsecondary institutions participating in student financial assistance programs authorized under Title IV of the Higher Education Act of 1965, as amended, shall be considered to have met the financial standards of this subchapter.

(f) A school that qualifies under an alternative standard but not the general standard of these federal regulations will not be considered to have met the financial standards of this subchapter unless the school meets the other requirements stated in this subchapter.

(g) Requirements for Original Approvals.

(1) The owner shall furnish the commission with the following:

(A) a school owned by a sole proprietor must submit a reviewed personal balance sheet stating the disclosure of payments for the next five years to meet debt agreements as required by GAAP; or

(B) all other ownership structures must submit an audited balance sheet consistent with GAAP and GAAS and certified by an accountant.

(2) The facility shall submit a balance sheet, a list of the expected school-related expenses for the first three months of operation of the school; a sworn statement signed by the owner affirming the availability of sufficient cash to cover projected expenses at the date of the certification. Projected expenses may include the following:

(A) employee salaries, listed by position title, including withholding and unemployment taxes, and other related expenses;

(B) lease or rent payments for listed equipment;

(C) lease or rent payments for facilities;

(D) accounting, legal and other specifically identified professional fees;

(E) an estimate of expenses such as advertising, travel, textbooks, office and classroom supplies, printing, telephone, utilities, taxes;

(F) a projection of the gross amount of tuition and fees to be collected during each of the first two years of operation; and

(G) such other evidence as may be deemed appropriate by the commission to establish financial stability.

(h) Prior to a change in ownership of a facility, the purchaser shall furnish the commission a current balance sheet meeting the requirements outlined in this subchapter for original approvals, excluding the sufficient cash requirement for initial expenses. The purchaser shall furnish any other evidence deemed appropriate by the commission to establish financial stability.

(i) The deletion or addition of any person that would be considered an owner is considered a change in facility ownership. The facility must notify the commission of the change in ownership within 14 days of the transaction.

(j) The commission may require submission of a full application for approval of a change in ownership.

(k) Management agreements must be disclosed to the commission. Parties to a management agreement shall be of good reputation and character.

(l) The deletion, addition or moving of a facility will be reported to the commission 14 days prior to the transaction.

(m) If the commission determines that the deletion, addition or moving of a facility presents an unreasonable transportation hardship which would prevent a student from completing the training at the new location, the school shall provide a full refund of all monies paid and a release from all obligations to the student.

(n) The commission shall be notified in writing of any legal action to which the facility, any of its owners, representatives or management employees is a party.

(o) The notification shall be within 14 days after the action is known to be filed or the facility, owner, representative or management employee is served.

(p) The facility shall include, with the required notice, a file-marked copy of the petition, complaint, or other legal instrument, including copies of any judgments.

(q) If the commission determines that reasonable cause exists to question the validity of any financial information submitted, or the financial stability of the facility, the commission may require at the facility's expense:

(1) an audit of the facility that has been certified by an accountant; or

(2) The owner must furnish any other evidence deemed appropriate by the commission to establish financial stability.

(r) The entity certified under this subchapter shall maintain, in a permanent format that is acceptable and readily accessible to the commission, a record of any funds received from, or on behalf of, the student. The entity shall clearly identify the payer, the type of funding, and the reason for the charges. These records shall be posted and kept current.

(s) An entity certified under this subchapter shall issue written receipts of any charges or payments to the student and maintain such records for review upon request by the commission. Each separately charged item shall be clearly itemized on the student-signed receipt.

(t) An entity certified under this subchapter shall develop and maintain a cancellation and refund policy.

(u) The student shall be entitled to a full refund of all monies paid to the facility if classes or courses are cancelled by the facility.

(v) For classes or courses cancelled by the student, refund policies will be based on a prorated basis or percentage of the class or program completed by the student.

(w) An entity certified under this subchapter shall comply with Chapter 437 of this title (relating to Fees).

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 April 17, 2026.

TRD-202601666

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

CHAPTER 435. FIRE FIGHTER SAFETY

The Texas Commission on Fire Protection (Commission) proposes amendments to 37 Texas Administrative Code, Chapter 435, Fire Fighter Safety, concerning §435.23, Fire Protection Personnel Injuries, §435.25, Courage to be Safe So Everyone Goes Home Program, §435.29, Federal Highway Administration Traffic Incident Management Program, and §435.31, Firefighter Cancer Support Network Cancer Awareness Training Program, and proposes new §435.33, Occupational Cancer Screening for Firefighters.

Background and Purpose

The purpose of the proposed amendments is to clarify and strengthen firefighter safety requirements administered by the Commission. The amendments to §435.23 update the definition of investigable injuries to better reflect current injury reporting needs, including burns sustained from emergency operations or training. The amendments to §435.25, §435.29, and §435.31 convert existing one-time training requirements into recurring five-year renewal requirements for the Courage to be Safe, Federal Highway Administration Traffic Incident Management, and Firefighter Cancer Support Network Cancer Awareness programs, ensuring that fire protection personnel remain current on critical safety topics throughout their careers. Outdated date references in §435.31 that have passed are also removed. The new §435.33 implements House Bill 198 (the Wade Cannon Act) by establishing minimum standards for confidential occupational cancer screenings for firefighters, consistent with NFPA 1580 standards as required by Section 180.011(e) of the Local Government Code.

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 rules 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 rules are in effect, the anticipated public benefit will be improved firefighter safety, clearer injury reporting standards, and consistent implementation of occupational cancer screening requirements statewide. 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 rules 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 rules; 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 rules 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 rules do not restrict or burden private real-property rights and therefore do not constitute a taking under Texas Government Code § 2007.043.

Costs to Regulated Persons

The proposed rules do 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 rules do not require an environmental impact analysis because the rules are not major environmental rules under Texas Government Code § 2001.0225.

Request for Public Comment

Comments on the proposed rules 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 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: Texas Government Code, Chapter 419.

§435.23. Fire Protection Personnel Injuries.

(a) A regulated entity shall report all Texas Workers' Compensation Commission reportable injuries that occur to on-duty regulated fire protection personnel on the Commission form.

(b) Minor injuries are those injuries that do not result in the fire protection personnel missing more than one duty period or does not involve the failure of personal protective equipment. Minor injuries shall be reported within 30 business days of the injury event.

(c) Major injuries are those that require the fire protection personnel to miss more than one duty period. Major injuries shall be reported within five business days of the injury event.

(d) Investigable fire protection personnel injuries are those resulting from the malfunction of personal protective equipment, failure of personal protective equipment to protect the fire protection personnel from injury, [or] major injuries, burns sustained from emergency operations or training, the top three injuries identified from the annual injury report. [sustained from failure to comply with any provision of Commission mandated department SOPs.] Investigable injuries shall be reported within five business days of the injury event.

(e) The regulated entity shall secure any personal protective equipment involved in an investigable fire protection personnel injury and shall be made available to the Commission for inspection.

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 April 17, 2026.

TRD-202601668

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

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.

§435.25. Courage to be Safe So Everyone Goes Home Program.

(a) All fire protection personnel will be required to complete the National Fallen Firefighters Foundation's "Courage to be Safe So Everyone Goes Home" program training within one year following appointment to a regulated entity if the individual has not previously completed the program. Individuals will be credited with four hours of continuing education credit for completing this program.

(c) [(b)] Regulated entities will report the completion of training through the commission's web-based reporting system.

(d) [(c)] Failure to complete the National Fallen Firefighters Foundation's "Courage to be Safe So Everyone Goes Home" program before the required deadline will be considered a violation of continuing education rules found in Chapter 441 of this title (relating to Continuing Education).

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 April 17, 2026.

TRD-202601669

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

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.

§435.29. Federal Highway Administration Traffic Incident Management Program.

(a) All fire protection personnel will be required to complete the Federal Highway Administration Traffic Incident Management program training or an equivalent course that is approved by the commission within one year of appointment to a regulated entity. Individuals will be credited with four hours of continuing education credit for completing this program.

(c) [(b)] Departments will report the completion of training through the commission’s web-based reporting system.

(d) [(c)] Failure to complete the Federal Highway Administration Traffic Incident Management program or an equivalent course that is approved by the commission before the required deadline will be considered a violation of continuing education rules found in Chapter 441 of this title (relating to Continuing Education).

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 April 17, 2026.

TRD-202601670

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

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.

§435.31. Firefighter Cancer Support Network Cancer Awareness Training Program.

(a) In an effort to improve firefighter safety in the State of Texas, all regulated entities will ensure that the Firefighter Cancer Support Network Cancer Awareness Training program will be completed within one year of appointment to a regulated entity [as part of the continuing education required for certified fire protection personnel by December 1, 2024.]. Individuals will be credited with two hours of continuing education credit for completing this program.

(b) All fire protection personnel will be required to complete the Firefighter Cancer Support Network Cancer Awareness Training program every 5 years, at a minimum. Individuals will be credited with two hours of continuing education credit for completing this program. All regulated entities will have three years from adoption of this standard to comply. [All regulated fire protection personnel must complete the Firefighter Cancer Support Network Cancer Awareness Training program prior to December 1, 2024.]

(c) [(d)] Departments will report the completion of training through the commission's web-based reporting system.

(d) [(e)] Failure to complete the Firefighter Cancer Support Network Cancer Awareness Training program before the required deadline will be considered a violation of continuing education rules found in Chapter 441 of this title (relating to Continuing Education).

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 April 17, 2026.

TRD-202601671

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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

Statutory Authority

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

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 April 17, 2026.

TRD-202601672

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: May 31, 2026

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