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) proposes amendments to 37 Texas Administrative Code, Chapter 401, Administrative Practice and Procedure, §§401.1, 401.3, §401.7, 401.9, 401.11, 401.13, 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, and the repeal of §401.17.

Background and Purpose

The proposed amendments clarify internal references, correct grammatical inconsistencies, and update terminology for clarity and consistency throughout Chapter 401. Specifically, the amendments standardize capitalization of "Commission," modernize section titles, and remove obsolete or redundant cross-references.

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. GENERAL PROVISIONS AND DEFINITIONS

The Texas Commission on Fire Protection proposes these rules under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.1. Purpose and Scope.

(a) Purpose. The purpose of this chapter is to provide a system of procedures for practice before the Commission [commission] that will promote the just and efficient disposition of proceedings and public participation in the decision-making process. The provisions of this chapter shall be given a fair and impartial construction to attain these objectives.

(b) Scope.

(1) This chapter shall govern the initiation, conduct, and determination of proceedings required or permitted by law in matters regulated by the Commission [commission], whether instituted by order of the Commission [commission] or by the filing of an application, complaint, petition, or any other pleading.

(2) This chapter shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the Commission [commission], its staff, or the substantive rights of any person.

(3) This chapter shall not apply to matters related solely to the internal personnel rules and practices of this agency.

(4) To the extent that any provision of this chapter is in conflict with any statute or substantive rule of the Commission [commission], the statute or substantive rule shall control.

(5) In matters referred to the State Office of Administrative Hearings (SOAH), hearings or other proceedings are governed by 1 TAC Chapter 155 (relating to Rules of Procedures) adopted by SOAH. To the extent that any provision of this chapter is in conflict with SOAH Rules of Procedures, the SOAH rules shall control.

§401.3. Definitions.

The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section [clearly] indicates otherwise:

(1) Advisory Committee--An advisory committee that is required to assist the Commission [commission] in its rule-making functions [function] and whose members are appointed by the Commission [commission] pursuant to Government Code, §419.008, or other law.

(2) Agency--Includes the Commission [commission], the Agency Chief, and all divisions, departments, and employees thereof.

(3) Agency Chief--The Agency Chief appointed by the Commission [commission] pursuant to Government Code, §419.009.

(4) APA--Government Code, Chapter 2001, The Administrative Procedure Act, as it may be amended from time to time.

(5) Applicant--A person, including the Commission [commission] staff, who seeks action from the Commission [commission] by written application, petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.

(6) Application--A written request seeking a license from the Commission [commission], a petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.

(7) Authorized Representative--A person who enters an appearance on behalf of a party, or on behalf of a person seeking to be a party or otherwise to participate in a Commission [commission] proceeding.

(8) Chairman--The Commissioner [commissioner] who serves as presiding officer of the Commission [commission] pursuant to Government Code, §419.007.

(9) Commission--The Texas Commission on Fire Protection.

(10) Commissioner--One of the appointed members of the decision-making body defined as the Commission [commission].

(11) Complainant--Any person, including the Commission's General Counsel [commission's legal staff], who files a signed written complaint intended to initiate a proceeding with the Commission [commission] regarding any act or omission by a person subject to the Commission's [commission's] jurisdiction.

(12) Contested Case--A proceeding, including but not restricted to, the issuance of certificates, licenses, registrations, permits, etc., in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for adjudicative hearing.

(13) Days--Calendar days, not working days, unless otherwise specified in this chapter or in the Commission's [commission's] substantive rules.

(14) Division--An administrative unit for the regulation of specific activities within the Commission's [commission's] jurisdiction.

(15) Hearings Officer--An administrative law judge on the staff of the State Office of Administrative Hearings assigned to conduct a hearing and to issue a proposal for decision, including findings of fact and conclusions of law, in a contested case pursuant to Government Code, Chapter 2003.

(16) License--Includes the whole or part of any agency permit, certificate, approval, registration, [license] or similar form of permission required or permitted by law.

(17) Licensee--A person who holds an agency permit, certificate, approval, registration, license, or similar form of permission required or permitted by law.

(18) Licensing--Includes the agency process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.

(19) Party--Each person or agency named or admitted to as a party in a contested case.

(20) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the Commission [commission].

(21) Pleading--A written document submitted by a party, or a person seeking to participate in a proceeding, setting forth allegations of fact, claims, requests for relief, legal argument, and/or other matters relating to a Commission [commission] proceeding.

(22) Preliminary Staff Conference--A conference with Commission [commission] staff for the purpose of showing compliance with all requirements of law, or to discuss informal disposition of any complaint or contested case.

(23) Presiding Officer--The chairman, the acting chairman, the Agency Chief, or a duly authorized hearings officer.

(24) Proceeding--Any hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of a complaint.

(25) Respondent--A person under the Commission's [commission's] jurisdiction against whom any complaint or appeal has been filed or who is under formal investigation by the Commission [commission].

(26) SOAH--State Office of Administrative Hearings.

§401.7. Construction.

(a) A provision of a rule referring to the Commission [commission] or the chairman, or a provision of a rule referring to the Agency Chief as the presiding officer, is construed to apply to the Commission [commission] or chairman, if the matter is within the jurisdiction of the Commission [commission], or to the Agency Chief, if the matter is within the jurisdiction of the Agency Chief.

(b) Unless otherwise provided by law, any duty imposed on the Commission [commission], the chairman, or the Agency Chief may be delegated to a duly authorized representative. In such a case, the provisions of any rule referring to the Commission [commission], the chairman, or the Agency Chief shall be construed to also apply to the duly authorized representative of the Commission [commission], the chairman, or the Agency Chief.

§401.9. Records of Official Action.

All official acts of the Commission [commission] or the Agency Chief shall be evidenced by a recorded or written record. Official action of the Commission [commission] or the Agency Chief shall not be bound or prejudiced by any informal statement or opinion made by any member of the Commission [commission], the Agency Chief, or the employees of the agency.

§401.11. Conduct of Commission and Advisory Committee Meetings.

(a) Statements concerning items which are part of the Commission's [commission's] posted agenda. Persons who desire to make presentations to the Commission [commission] concerning matters on the agenda for a scheduled Commission [commission] or an advisory [fire fighter advisory] committee meeting shall complete registration cards, which shall be made available at the entry to the place where the scheduled meeting is to be held. The registration cards shall include blanks in which all of the following information must be disclosed:

(1) name of the person making a presentation;

(2) a statement as to whether the person is being reimbursed for the presentation; and if so, the name of the person or entity on whose behalf the presentation is made;

(3) a statement as to whether the presenter has registered as a lobbyist in relationship to the matter in question;

(4) a reference to the agenda item which the person wishes to discuss before the Commission [commission];

(5) an indication as to whether the presenter wishes to speak for or against the proposed agenda item; and

(6) a statement verifying that all factual information to be presented shall be true and correct to the best of the knowledge of the speaker.

(b) Discretion of the presiding officer. The presiding officer of the Commission [commission] or the advisory committee, as the case may be, shall have discretion to employ any generally recognized system of parliamentary procedures, including, but not limited to, Robert's Rules of Order for the conduct of Commission [commission] or committee meetings, to the extent that such parliamentary procedures are consistent with the Texas Open Meetings Act or other applicable law and these rules. The presiding officer shall also have discretion in setting reasonable limits on the time to be allocated for each matter on the agenda of a scheduled Commission [commission] meeting or advisory committee meeting and for each presentation on a particular agenda item. If several persons wish to address the Commission [commission] or an advisory committee on the same agenda item, it shall be within the discretion of the chairperson to request that persons who wish to address the same side of the issue coordinate their comments, or limit their comments to an expression in favor of views previously articulated by persons speaking on the same side of an issue.

(c) Requests for issues to be placed on an agenda for discussion. Persons who wish to bring issues before the Commission [commission] shall first address their request in writing to the Agency Chief. Such requests should be submitted at least 15 days in advance of a Commission [commission] or an [fire fighter] advisory committee meeting [meetings]. The decision whether to place a matter on an agenda for discussion before the full Commission [commission], or alternatively, before an [the fire fighter] advisory committee, or with designated staff members, shall be within the discretion of the appropriate presiding officer.

§401.13. Computation of Time.

(a) Computing Time. In computing any period of time prescribed or allowed by these rules, by order of the Agency, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or a legal holiday, in which event, the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. A party or attorney of record notified under §401.61 of this title (relating to Record) is deemed to have been notified on the date that the [which] notice is sent.

(b) Extensions. Unless otherwise provided by statute, the time for filing any pleading, except a notice of protest, may be extended by order of the Agency Chief or designee, upon the following conditions:

(1) A written motion must be duly filed with the Agency Chief or designee prior to the expiration of the applicable period of time allowed for such filings.

(2) The written motion must show good cause for such extension and that the need is not caused by the neglect, indifference, or lack of diligence on the part of the movant.

(3) A copy of any such motion shall be served upon all other parties of record to the proceeding contemporaneously with the filing thereof.

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 November 7, 2025.

TRD-202504061

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER B. RULEMAKING PROCEEDINGS

The Texas Commission on Fire Protection proposes this repeal under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.17. Requirements.

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 November 7, 2025.

TRD-202504112

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

The Texas Commission on Fire Protection proposes this rule under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.19. Petition for Adoption of Rules.

(a) Any person may petition the Commission [commission] requesting the adoption of a new rule or an amendment to an existing rule as authorized by the APA, §2001.021.

(b) Petitions shall be sent to the Agency Chief. Petitions shall be deemed sufficient if they contain:

(1) the name and address of the person or entity on whose behalf the application is filed;

(2) specific reference to the existing rule which is proposed to be changed, amended, or repealed;

(3) the exact wording of the new, changed, or amended proposed rule with new language underlined and deleted language in brackets [dashed out];

(4) the proposed effective date; and

(5) a justification for the proposed action set out in narrative form with sufficient particularity to inform the Commission [commission] and any other interested person of the reasons and arguments on which the petitioner is relying.

(c) The Agency Chief shall direct that the petition for adoption of rules be placed on the next agenda for discussion by the Commission [commission or the fire fighter advisory committee] with subject matter jurisdiction in accordance with §401.11 of this title (relating to Conduct of Commission and Advisory Committee Meetings).

(d) A request for clarification of a rule shall be treated as a petition for a rule change. The Commission [commission] staff may request submission of additional information from the applicant to comply with the requirements of subsection (b) of this section.

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 November 7, 2025.

TRD-202504113

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER C. EXAMINATION APPEALS PROCESS

The Texas Commission on Fire Protection proposes these rules under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.21. Examination Challenge.

(a) An examinee who seeks to challenge the failure of an examination must submit a written request to the Agency Chief or his designee to discuss informal disposition of the complaint(s).

(b) An examination may be challenged only on the basis of examination content, failure to comply with the Commission's [commission] rules by a certified training facility, or problems in the administration of the examination.

(c) The written request must identify the examinee, the specific examination taken, the date of the examination, and the basis of the appeal.

(d) An examinee who challenges the content of an examination must identify the subject matter of the question(s) challenged and is not entitled to review the examination due to the necessity of preserving test security.

(e) The request must be submitted within 30 days from the date the grade report is posted on the website.

(f) Commission staff shall schedule a preliminary staff conference with the applicant in accordance with §401.41 of this title (relating to Preliminary Staff Conference) to discuss the challenge within 30 days of the request or as soon as practical. The examinee may accept or reject the settlement recommendations of the Commission [commission] staff. If the examinee rejects the proposed agreement, the examinee must request in writing a formal administrative hearing as described in Subchapter F of this chapter (relating to Contested Cases) within 30 days of the action complained of.

§401.23. Examination Waiver Request.

(a) An individual who is required to take a Commission [commission] examination may petition the Commission [commission] for a waiver of the examination if the person's certificate or eligibility expired because of a good-faith [good faith] clerical error on the part of the individual or an employing entity.

(b) The waiver request must include a sworn statement together with any supporting documentation that evidences the applicant's good faith efforts to comply with the Commission's [commission] requirements and that failure to comply was due to circumstances beyond the control of the certificate holder or applicant.

(c) Commission staff shall schedule a preliminary staff conference with the applicant in accordance with §401.41 of this title (relating to Preliminary Staff Conference) to discuss the waiver request within 30 days of the request, or as soon as practical. The applicant may accept or reject the settlement recommendations of the Commission [commission] staff. If the examinee rejects the proposed agreement, the applicant must request in writing a formal administrative hearing as described in Subchapter F of this chapter (relating to Contested Cases) within 30 days of the action complained of.

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 November 7, 2025.

TRD-202504114

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER D. DISCIPLINARY PROCEEDINGS

The Texas Commission on Fire Protection proposes this rule under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.31. Disciplinary Proceedings in Contested Cases.

(a) If the Commission [commission] staff recommends administrative penalties or any other sanction for alleged violations of laws or rules, the respondent may request a preliminary staff conference.

(b) Commission staff shall schedule a preliminary staff conference with the applicant to discuss the alleged violations of laws or rules within 30 days of the request or as soon as practical. The respondent may accept or reject the settlement recommendations of the Commission [commission] staff. If the respondent rejects the proposed agreement, the respondent must request in writing a formal administrative hearing as described in Subchapter F of this chapter (relating to Contested Cases) within 30 days of the notice of the staff's recommended disciplinary action.

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 November 7, 2025.

TRD-202504115

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER E. PREHEARING PROCEEDINGS

The Texas Commission on Fire Protection proposes this rule under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.41. Preliminary Staff Conference.

(a) General. After receipt of notice of alleged violations of laws or rules administered or enforced by the Commission [commission] and its staff, the holder of the certificate, applicant, or regulated entity may request a conference with the Commission's [commission's] staff for the purpose of showing compliance with all requirements of law, or to discuss informal disposition of any complaint or contested case.

(b) Representation. The certificate holder, applicant, or regulated entity may be represented by counsel or by a representative of his or her choice. The Commission [commission] shall be represented by one or more members of its staff and by the Commission's General Counsel [commission legal counsel].

(c) Informal Proceedings. The conference shall be informal[,] and will not follow procedures for contested cases. The Commission's [commission's] representative(s) may prohibit or limit attendance by other persons; may prohibit or limit access to the Commission's [commission's] investigative file by the licensee, the licensee's representative, and the complainant, if present; and may record part or all of the staff conference. At the discretion of the Commission's [commission's] representative(s), the licensee, the licensee's representative, and the Commission [commission] staff may question witnesses; make relevant statements; and present affidavits, reports, letters, statements of persons not in attendance, and such other evidence as may be appropriate.

(d) Settlement Conference. At the discretion of the Commission's [commission's] representative(s), the preliminary staff conference may be concluded and a settlement conference initiated to discuss staff recommendations for informal resolution of the issues. Such recommendations may include any disciplinary actions authorized by law, including administrative penalties, restitution, remedial actions, or such reasonable restrictions that may be in the public interest. These recommendations may be modified by the Commission's [commission's] representative(s) based on new information, a change of circumstances, or to expedite resolution in the interest of protecting the public. The Commission's [commission's] representative(s) may also recommend that the investigation be closed or referred for further investigation.

(e) Proposed Consent Order. The licensee may accept or reject the settlement recommendations of the Commission [commission] staff. If the licensee accepts the recommendations, the licensee shall execute a settlement agreement in the form of a proposed consent order as soon thereafter as practicable. If the licensee rejects the proposed agreement, the matter may be scheduled for a hearing as described in Subchapter F of this chapter.

(f) Approval of Consent Order. Following acceptance and execution of the settlement agreement recommended by staff, said proposed agreement shall be submitted to the Agency Chief for approval. If the order is approved, it shall be signed by the Agency Chief. If the proposed order is not approved, the licensee shall be so informed, and the matter shall be referred to the Commission [commission] staff for appropriate action to include dismissal, closure, further negotiation, further investigation, or a formal hearing.

(g) Preliminary Notice. A revocation, suspension, annulment, denial, or withdrawal of a certificate or license is not effective unless, before the institution of contested case proceedings, the holder of the certificate receives preliminary notice of the facts or conduct alleged to warrant the intended action and an opportunity to show compliance with all requirements of law.

(h) Request for Formal Hearing. Except as otherwise provided by law, if an applicant's original application or request for a certificate is denied, he or she shall have 30 days from the date of denial to make a written request for a formal hearing, and if so requested, the formal hearing will be granted and the provisions of the APA and this chapter with regard to contested cases shall apply.

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 November 7, 2025.

TRD-202504116

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER F. CONTESTED CASES

The Texas Commission on Fire Protection proposes these rules under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.53. Contested Case Hearing.

(a) The Commission [commission] appoints SOAH to be its finder of fact in contested cases. The Commission [commission] does not delegate to the hearings officer and retains for itself the right to determine the sanctions and make the final decision in a contested case.

(b) SOAH hearings of contested cases shall be conducted in accordance with the APA by a hearings officer assigned by SOAH. Jurisdiction over the case is acquired by SOAH when the Commission [commission] staff files a request to docket case.

(c) The Commission [commission] may serve the notice of hearing on the respondent at his or her last known address as shown by Commission [commission] records. The notice may be served by registered U.S. mail or by certified mail, return receipt requested.

§401.57. Filing of Exceptions and Replies to Proposal for Decision.

(a) Once the SOAH hearing of the contested case is concluded, a proposal for decision shall be issued by the SOAH hearings officer assigned to the case. A copy of the proposal for decision [ in a contested case] shall be simultaneously delivered or mailed by certified mail, return receipt requested, to each party representative of record.

(b) Exceptions to the proposal for decision shall be filed within 20 days of the date of the proposal for decision.

(c) Replies to exceptions shall be filed within 15 calendar days after the date of filing of the exceptions and briefs.

(d) The exceptions shall be specifically and concisely stated. The evidence relied upon shall be stated with particularity, and any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.

(e) The SOAH hearings officer will rule on all exceptions, briefs, replies, and requests for extension of time and notify the parties of decisions and any amendments to the proposal for decision.

§401.59. Orders.

After the time for filing exceptions and replies to exceptions expires, the SOAH hearings officer's proposal for decision will be considered by the Agency Chief and either adopted or modified and adopted. All final decisions or orders of the Commission [commission] or the Agency Chief shall be in writing and signed. A final decision shall include findings of fact and conclusions of law separately stated. Findings of fact, if set forth in statutory language, shall be accomplished by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be notified either personally or by certified mail of any decision or order, and a copy of the decision or order shall be delivered or mailed to any party and to his or her authorized representative.

§401.61. Record.

(a) The record in a contested case includes the matters listed in the APA, Government Code, §2001.060.

(b) Proceedings, or any part of them, shall be transcribed upon [on] written request of any party. The party requesting the proceeding to be transcribed shall make the initial payment for the transcription. Ultimately, however, the Commission [commission] or Agency Chief has the authority to assess, in addition to an administrative penalty, the costs of transcribing the administrative hearing.

(c) Appeal. The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals.

§401.63. Final Decision and Orders.

(a) Commission action. A copy of the final decision or order shall be delivered or mailed to any party and to the attorney of record.

(b) Recorded. All final decisions and orders shall be in writing. A final order shall include findings of fact and conclusions of law, separately stated.

(c) Changes stated in final order. If the hearings officer's proposed findings of fact or conclusions of law are modified, the final order shall reflect the specific reason and legal basis for each change made.

(d) In general. Any party aggrieved by [of] a final decision or order of the executive director in a contested case may appeal to the Commission [commission] after the decision or order complained of is final. An appeal to the Commission [commission] for review of action of the executive director shall be made within 30 days from the date that the writing evidencing the official action or order complained of is final and appealable, but for good cause shown, the Commission [commission] may allow an appeal after that date. A motion for rehearing is not a prerequisite for an appeal to the Commission [commission].

(e) Oral argument. On the request of any party, the Commission [commission] may allow oral argument prior to the final determination of an appeal of a decision or order of the executive director.

(f) If the executive director's final decision or order is appealed to the Commission [commission], the matter shall be set for the next available Commission [commission] meeting and the Commission [commission] shall take action in open session. A copy of the Commission [commission] decision shall be delivered or mailed to any party and to the attorney of record.

§401.67. Motions for Rehearing.

(a) In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party within 20 days after the date the party representative is notified of the final decision or order.

(b) Replies to a motion for rehearing must be filed with the agency within 30 days after the date the party representative is notified of the final decision or order.

(c) Agency action on the motion for rehearing must be taken within 45 days after the date a party representative is notified of the final decision or order. If agency action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date the party representative is notified of the final decision or order.

(d) The Commission [commission] may rule on a motion for rehearing at a meeting or by mail, telephone, telegraph, facsimile transmission, or another suitable means of communication. The motion shall be deemed overruled by operation of law, unless a majority of the commissioners serving vote to grant the motion within the time provided by law for ruling on the motion for rehearing.

(e) The agency may, by written order, extend the period of time for filing the motions or replies and taking agency action, except that an extension may not extend the period for agency action beyond 90 days after the date a party representative is notified of the final order or decision.

(f) In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order, or in the absence of a fixed date, 90 days after the date the party representative is notified of the final decision or order.

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 November 7, 2025.

TRD-202504117

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER G. CONDUCT AND DECORUM, SANCTIONS, AND PENALTIES

The Texas Commission on Fire Protection proposes this rule under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.105. Administrative Penalties.

(a) Following the hearing the administrative law judge shall issue a proposal for decision containing findings of fact [facts] and conclusions of law. While the administrative law judge may recommend a sanction, findings of fact and conclusions of law are inappropriate for sanction recommendations, and sanction recommendations in the form of findings of fact and conclusions of law are an improper application of applicable law and these rules. In all cases, the Commission [commission] or Agency Chief has the discretion to impose the sanction that best accomplishes the Commission's legislatively assigned [commission's legislatively-assigned] enforcement goals. The Commission [commission] or Agency Chief is the ultimate arbiter of the proper penalty.

(b) The Commission [commission], acting through the Agency Chief may, after notice and hearing required by Government Code, Chapter 2001, Administrative Procedure Act, impose an order requiring payment of an administrative penalty or monetary forfeiture in an amount not to exceed $1,000 for each violation of Government Code, Chapter 419, or rule promulgated there under, as provided by Government Code, §419.906.

(c) In determining the amount of the administrative penalty or monetary forfeiture, the Commission [commission] or the Agency Chief shall consider the following penalty matrix:

(1) the seriousness of the violation, including, but not limited to, the nature, circumstances, extent, and gravity of the prohibited act, and the hazard or potential hazard created to the health and safety of the public;

(2) the economic damage to property or the public's interests or confidences caused by the violation;

(3) the history of previous violations;

(4) any economic benefit gained through the violation;

(5) the amount necessary to deter future violations;

(6) the demonstrated good faith of the person, including efforts taken by the alleged violator to correct the violation;

(7) the economic impact of the imposition of the penalty or forfeiture on the person; and

(8) any other matters that justice may require.

(d) The Commission [commission] or Agency Chief retains the right to increase or decrease the amount of an administrative penalty based on the circumstances in each case. In particular, the Commission [commission] or Agency Chief may increase the amount of administrative penalties when the respondent has committed multiple violations (e.g., some combination of different violations). Any party aggrieved by [of] a final decision or order of the Agency Chief in a contested case may appeal to the Commission [commission] after the decision or order complained of is final. An appeal to the Commission [commission] for review ofthe action of the Agency Chief shall be made within 30 days from the date that the writing evidencing the official action or order complained of is final and appealable, but for good cause shown, the Commission [commission] may allow an appeal after that date. A motion for rehearing is not a prerequisite for an appeal to the Commission [commission].

(e) Oral argument. On the request of any party, the Commission [commission] may allow oral argument prior to the final determination of an appeal of a decision or order of the Agency Chief.

(f) If the Agency Chief's final decision or order is appealed to the Commission [commission], the matter shall be set for the next available Commission [commission] meeting.

(g) Because it is the policy of the Commission [commission] to pursue expeditious resolution of complaints when appropriate, administrative penalties in uncontested cases may be less than the amounts assessed in contested cases. Among other reasons, this may be because the respondent admits fault, takes steps to rectify matters, timely responds to Commission [commission] concerns, or identifies mitigating circumstances, and because settlements avoid additional administrative costs.

(h) The Commission [commission] or Agency Chief may impose an administrative penalty alone or in addition to other permitted sanctions.

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 November 7, 2025.

TRD-202504145

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER H. REINSTATEMENT

The Texas Commission on Fire Protection proposes these rules under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.111. Application for Reinstatement of License or Certificate.

(a) At the expiration of one year from the date of revocation or suspension, or upon the conclusion of any specified period of suspension, the Commission [commission] may consider a request for reinstatement by the former licensee or certificate holder (applicant).

(b) The request for reinstatement must be submitted to the Commission's [commission] office in writing and should include a short and plain statement of the reasons why the applicant believes the license should be reinstated.

(c) Upon denial of any application for reinstatement, the Commission [commission] may not consider a subsequent application until the expiration of one year from the date of denial of the prior application.

(d) In taking action to revoke or suspend a license or certificate, the Commission [commission] may, in its discretion, specify the terms and conditions upon which reinstatement shall be considered.

§401.113. Evaluation for Reinstatement.

In considering reinstatement of a suspended or revoked license or certificate, the Commission [commission] will evaluate:

(1) the severity of the act that [which] resulted in revocation or suspension of the license or certificate;

(2) the conduct of the applicant subsequent to the revocation or suspension of the license or certificate;

(3) the lapse of time since revocation or suspension;

(4) the degree of compliance with all conditions the Commission [commission] may have stipulated as a prerequisite for reinstatement;

(5) the degree of rehabilitation attained by the applicant as evidenced by sworn notarized statements sent directly to the Commission [commission] from qualified people who have personal and professional knowledge of the applicant; and

(6) the applicant's present qualifications to perform duties regulated by the Commission [commission].

§401.115. Procedure upon Request for Reinstatement.

(a) An applicant for reinstatement of a revoked or suspended license or certificate must personally appear before an administrative law judge designated by the Commission [commission] at a scheduled date and time to show why the license or certificate should be reinstated.

(b) Upon submission of proof of past revocation or suspension of the applicant's license or certificate, the applicant has the burden of proof to show present fitness and/or rehabilitation to perform duties regulated by the Commission [commission].

(c) Upon receipt of a written request for reinstatement as required by §401.111 of this title (relating to Application for Reinstatement of License or Certificate), the applicant will be notified of a date and time of an appearance before the administrative law judge.

§401.117. Commission Action Possible upon Reinstatement.

After evaluation, the Commission [commission] may:

(1) deny reinstatement of a suspended or revoked license or certificate;

(2) reinstate a suspended or revoked license or certificate and probate the practitioner for a specified period of time under specific conditions;

(3) authorize reinstatement of the suspended or revoked license or certificate;

(4) require the satisfactory completion of a specific program of remedial education approved by the Commission [commission]; and/or

(5) reinstate a suspended or revoked license or certificate after verification through examination of required knowledge and skills appropriate to the suspended or revoked license or certificate. All applicable procedures shall be followed and all applicable fees shall be paid.

§401.119. Failure To Appear for Reinstatement.

An applicant for reinstatement of a revoked or suspended license or certificate who makes a commitment to appear before the administrative law judge[,] and fails to appear at a hearing set with notice by the agency[,] shall not be authorized to appear before the administrative law judge before the expiration of six months. For good cause shown, the Agency Chief may authorize an exception to this rule.

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 November 7, 2025.

TRD-202504118

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER I. NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS

The Texas Commission on Fire Protection proposes these rules under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.121. Purpose of Establishing Time Periods.

In order to minimize delays, this subchapter establishes time periods within which the Commission [commission] shall review and process certificate applications efficiently and provides for an appeal process should the agency violate these periods in accordance with the Government Code, Chapter 2005.

§401.127. Appeal.

(a) Hearing.

(1) Notice. An applicant who does not receive notice as to the complete or deficient status of a certificate application within the period established in this subchapter for such application may petition for a hearing to review the matter.

(2) Processing. An applicant whose permit is not approved or denied within the period established in this subchapter for such certificate may petition for a hearing to review the matter.

(3) Procedure. A hearing under this section shall be in accordance with the Administrative Procedure Act and Subchapter E of this chapter (relating to Contested Cases).

(b) Petition. A petition filed under this section must be in writing and directed to the Agency Chief. The petition shall identify the applicant, indicate the type of certificate sought and the date of the application, specify each provision in this subchapter that the agency has violated, and describe with particularity how the agency has violated each provision. The petition shall be filed with the office of the Agency Chief.

(c) Decision. An appeal filed under this section shall be decided in the applicant's favor if the Agency Chief finds that:

(1) the agency exceeded an established period under this subchapter; and

(2) the agency failed to establish good cause for exceeding the period.

(d) Good cause. The agency is considered to have good cause for exceeding a notice or processing period established for a permit if:

(1) the number of certificates to be processed exceeds by 15% or more the number of certificates processed in the same calendar quarter of the preceding year;

(2) the agency must rely on another public or private entity for all or part of its certificate processing, and the delay is caused by the other entity;

(3) the hearing and decision-making process results in a reasonable delay under the circumstances;

(4) the applicant is under administrative review;

[(5)] or any other conditions exist giving the agency good cause for exceeding a notice or processing period.

(e) Commission review. A permit applicant aggrieved by a final decision or order of the Agency Chief concerning a period established by these sections may appeal to the Commission [commission] in writing after the decision or order complained of is final, in accordance with §401.63 of this title (relating to Final Decision and Orders).

(f) Relief.

(1) Complete or deficient status. An applicant who maintains a successful appeal under subsection (c) of this section for agency failure to issue notice as to the complete or deficient status of an application shall be entitled to notice of application status.

(2) Certificate approval or denial. An applicant who maintains a successful appeal under subsection (c) of this section for agency failure to approve or deny a certificate shall be entitled to such approval or denial of the certificate and to full reimbursement of all filing fees that have been paid to the agency in connection with the application.

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 November 7, 2025.

TRD-202504119

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER J. CHARGES FOR PUBLIC RECORDS

The Texas Commission on Fire Protection proposes this rule under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.129. Charges for Public Records.

(a) The Commission [commission] is subject to Texas Government Code, Chapter 552, Texas Public Information Act. The Act gives the public the right to request access to government information.

(b) The Commission [commission] adopts by reference Title 1, Part 13, Chapter 70, Cost of Copies of Public Information, as promulgated by the Office of the Attorney General.

(c) The Agency Chief may waive or reduce a charge for copies when furnishing the information benefits the general public.

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 November 7, 2025.

TRD-202504120

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

SUBCHAPTER K. HISTORICALLY UNDERUTILIZED BUSINESSES

The Texas Commission on Fire Protection proposes this rule under Texas Government Code, Chapter 419, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.

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

§401.131. Historically Underutilized Businesses.

The Commission [commission] adopts by reference Title 34, Part 1, Chapter 20, Texas Procurement and Support Services, Subchapter B, Historically Underutilized Business Program, as promulgated by the Comptroller of Public Accounts.

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 November 7, 2025.

TRD-202504121

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

CHAPTER 429. FIRE INSPECTOR AND PLAN EXAMINER

SUBCHAPTER B. MINIMUM STANDARDS FOR PLAN EXAMINER

The Texas Commission on Fire Protection (the Commission) proposes amendments to 37 Texas Administrative Code, Chapter 429, Fire Inspector and Plan Examiner, concerning §429.203, Minimum Standards for Plan Examiner I Certification.

BACKGROUND AND PURPOSE

The proposed amendment to §429.203 adds subsection (1), requiring individuals to hold certification as a Basic Inspector prior to obtaining Plan Examiner I certification. The amendment also updates numbering and formatting for clarity and consistency with current Commission standards.

FISCAL NOTE / IMPACT ON STATE AND LOCAL GOVERNMENT

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

PUBLIC BENEFIT AND COST NOTE

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

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 rule has no impact on small businesses, micro-businesses, or rural communities. 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 amendment is in effect:

(1) The rule will not create or eliminate a government program;

(2) The rule will not require an increase or decrease in future legislative appropriations;

(3) The rule will not result in an increase or decrease in fees paid to the agency;

(4) The rule will not create a new regulation;

(5) The rule will not expand, limit, or repeal an existing regulation;

(6) The rule will not increase the number of individuals subject to the rule; and

(7) The rule is not anticipated to have an adverse effect on the state's economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and therefore does not require a takings impact assessment under Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS

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

ENVIRONMENTAL IMPACT STATEMENT

The Commission has determined that this proposal does not require an environmental impact analysis because it is not a major environmental rule under Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Written comments regarding this proposal may be submitted within 30 days of publication 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

This proposal is made under Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its powers and duties.

CROSS-REFERENCE TO STATUTE

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

§429.203. Minimum Standards for Plan Examiner I Certification.

In order to be certified as a Plan Examiner I, an individual must:

(2) [(1)] possess valid documentation as a Plan Examiner I from either:

(A) the International Fire Service Accreditation Congress; or

(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1(a)(2) of this title (relating to Requirements-General); or

(3) [(2)] complete a Commission-approved [commission approved] Plan Examiner I training program and successfully pass the Commission [commission] examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved training program shall consist of one of the following:

(A) completion of the Commission-approved [commission approved] Plan Examiner I Curriculum, as specified in the Commission's [commission's] Certification Curriculum Manual; or

(B) successful completion of an out-of-state, NFA, and/or military training program which has been submitted to the Commission [commission] for evaluation and found to meet the minimum requirements as listed in the Commission-approved [commission approved] approved Plan Examiner I Curriculum as specified in the Commission's [commission's] Certification Curriculum Manual; or

(C) documentation of the receipt of a Plan Examiner I certificate issued by the State Firemen's and Fire Marshals' Association of Texas that is deemed equivalent to a Commission-approved [commission approved] approved Plan Examiner I curriculum.

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 November 7, 2025.

TRD-202504045

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

CHAPTER 435. FIRE FIGHTER SAFETY

The Texas Commission on Fire Protection (the Commission) proposes amendments to 37 Texas Administrative Code, Chapter 435, Fire Fighter Safety, §435.7 - Implementation of Mandatory NFPA Standards. The purpose of the amendments is to clarify language related to the implementation of NFPA standards, allow for plan submission and Commission approval for extensions, and update the expiration date for subsection (b). The amendments also include grammatical and formatting updates for consistency across Chapter 435.

BACKGROUND AND PURPOSE

The proposed amendments clarify language related to the implementation of NFPA standards, allow for plan submission and Commission approval for extensions, and update the expiration date for subsection (b). The amendment also includes minor grammatical and formatting updates for consistency.

FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT

Michael Wisko, Agency Chief, has determined that for each year of the first five-year period, the proposed amendments is in effect, there will be no significant fiscal impact to state government or local governments because of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4).

PUBLIC BENEFIT AND COST NOTE

Mr. Wisko has also determined under Texas Government Code §2001.024(a)(5) that for each year of the first five years the proposed amendments is in effect, the public benefit will be accurate, clear, and concise rules.

LOCAL ECONOMY IMPACT STATEMENT

There is no anticipated effect on the local economy for the first five years that the proposed amendments is in effect; 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

Mr. Wisko has determined there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing the proposed amendments. Therefore, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002.

GOVERNMENT GROWTH IMPACT STATEMENT

The agency has determined under Texas Government Code §2006.0221 that during the first five years the proposed amendments is in effect:

(1) the rules will not create or eliminate a government program;

(2) the rules will not create or eliminate any existing employee positions;

(3) the rules will not require an increase or decrease in future legislative appropriation;

(4) the rules will not result in a decrease in fees paid to the agency;

(5) the rules will not create a new regulation;

(6) the rules will not expand a regulation;

(7) the rules will not increase the number of individuals subject to the rule; and

(8) the rules are not anticipated to have an adverse impact on the state’s economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner’s rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS The proposed amendments do not impose a cost 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 regarding the proposed amendments may be submitted, in writing, within 30 days following the 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, or e-mailed to frank.king@tcfp.texas.gov.

STATUTORY AUTHORITY

The proposed amendment is proposed under Texas Government Code §419.008(f), which provides the Commission may appoint an advisory committee to assist it in the performance of its duties, and under Texas Government Code §419.008(a), which provides the Commission may adopt rules for the administration of its powers and duties.

CROSS-REFERENCE TO STATUTE

No other statutes, articles, or codes are affected by these amendments.

§435.7. Implementation of Mandatory NFPA Standards.

(a) Allow implementation of TCFP-mandated NFPA standards at the Commissioner's discretion up to 365 days from the effective date of the new NFPA standard.

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 November 7, 2025.

TRD-202504046

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

CHAPTER 437. FEES

The Texas Commission on Fire Protection (the Commission) proposes amendments to 37 Texas Administrative Code, Chapter 437, Firefighter Safety, §437.3 - Certification Application Processing Fees.

BACKGROUND AND PURPOSE

The proposed amendments update the language regarding the waiver of certification application processing fees for military service members, veterans, and spouses to align with current statutory requirements. The amendments remove redundant subsections and consolidates the waiver provision for clarity and consistency with Texas Occupations Code Chapter 55.

FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT

Michael Wisko, Executive Director, has determined that for each year of the first five years the proposed amendments are in effect, there will be no fiscal impact to state or local governments as a result of enforcing or administering this rule.

PUBLIC BENEFIT AND COST NOTE

Mr. Wisko has also determined that for each year of the first five years the rule is in effect, the public benefit will be accurate, clear, and concise rule language that aligns with current statutory provisions. There is no anticipated economic cost to individuals required to comply with the proposed amendment.

LOCAL ECONOMY IMPACT STATEMENT

No adverse impact on local employment or the local economy is expected as a result of enforcing or administering this rule. 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 rule has no 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 agency has determined under Texas Government Code §2001.0221 that for each year of the first five years the proposed rule is in effect:

(1) the rule will not create or eliminate a government program;

(2) the rule will not require an increase or decrease in future legislative appropriations;

(3) the rule will not result in a change in the number of agency employee positions;

(4) the rule will not affect fees paid to the agency;

(5) the rule will not create, expand, or limit any regulation;

(6) the rule will not affect the number of individuals subject to the rule; and

(7) the rule will not have an impact 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 does not constitute a taking under Texas Government Code §2007.043.

COSTS TO REGULATED PERSONS

The proposed amendments do not impose a cost on regulated persons, including another state agency, special district, or local government. Therefore, this rulemaking is not subject to Texas Government Code §2001.0045.

ENVIRONMENTAL IMPACT STATEMENT

The Commission has determined that this proposed rulemaking does not require an environmental impact analysis because it is not a major environmental rule under Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Comments regarding this proposal may be submitted in writing within 30 days following the 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,

or emailed to frank.king@tcfp.texas.gov

STATUTORY AUTHORITY

This rule is proposed under Texas Government Code §419.008, which authorizes the Commission to adopt rules for the administration of its powers and duties.

CROSS-REFERENCE TO STATUTE

Texas Government Code §419.008 and Texas Occupations Code Chapter 55.

§437.3. Certification Application Processing Fees.

(a) A non-refundable application processing fee of $85 is required for each certificate issued by the Commission [commission]. If a certificate is issued within the time provided in §401.125 of this title (relating to Processing Periods), the fee will be applied to the certification. If the certificate is denied, the applicant must pay a new certification application processing fee to file a new application.

(b) The regulated employing entity shall be responsible for all certification application processing fees required as a condition of appointment.

(c) Nothing in this section shall prohibit an individual from paying a certification application processing fee for any certificate which he or she is qualified to hold, providing the certificate is not required as a condition of appointment (see subsection (b) of this section concerning certification fees).

(d) A facility that provides training for any discipline for which the Commission [commission] has established a curriculum must be certified by the Commission [commission]. The training facility will be charged a separate certification application processing fee for each discipline or level of discipline for which application is made.

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 November 7, 2025.

TRD-202504051

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Earliest possible date of adoption: December 21, 2025

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

PART 15. TEXAS FORENSIC SCIENCE COMMISSION

CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES

SUBCHAPTER C. FORENSIC ANALYST LICENSING PROGRAM

The Texas Forensic Science Commission (Commission) proposes amendments to 37 Texas Administrative Code §651.203, Forensic Disciplines Subject to Commission Licensing; Categories of Licensure and §651.207, Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring, and Mandatory Legal and Professional Responsibility Training to: 1) correct a missing term in the title of §651.203; 2) remove the fee for a temporary forensic analyst license; and 3) clarify the Toxicologist (Interpretive) category of licensure is a type of forensic analyst license. The change reflects a vote taken by the Commission at its October 24, 2025 quarterly meeting.

Background and Justification. The proposed amendments relate to the elimination of an existing $100.00 fee for an application for temporary forensic analyst license. The amendments are needed to increase efficiency for certain criminal cases where prosecutors must utilize the forensic analysis and related testimony from accredited laboratories located outside of Texas that typically do not perform casework in Texas. Where a criminal action involves evidence in multiple states, the evidence may be collected and tested in one state but subsequently admitted in a Texas court. To enable those accredited out-of-state laboratories and qualified analysts to testify in compliance with the requirements of the Texas Code of Criminal Procedure articles 38.01 and 38.35, the Commission recognizes the out-of-state laboratory's accreditation and grants a temporary license to the forensic analyst who will testify in the case. This rule change eliminates the application fee associated with the license because Commission staff has observed it creates an unnecessary administrative burden on the agencies requesting the license(s). It is in the interest of public safety and efficiency for the Commission to eliminate the fee. The proposed amendments related to the Toxicologist (Interpretive) category of licensure are necessary to clarify to end users in the criminal justice system that a Toxicologist (Interpretive) license covers all analyst and technician level activities as the highest category of licensure in toxicology offered by the Commission. Under the current rules, the title of the license Toxicologist (Interpretive) does not include the term "analyst," which could imply the license does not cover "analyst" level activities. The changes provide clarity that the license category covers all analyst and technician level categories of analysis for the toxicology discipline. Finally, the rule amends the title for rule §651.203 to add the missing word "Discipline" to "Forensic Subject to Commission Licensing; Categories of Licensure."

Fiscal Note. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that for each year of the first five years the proposed amendments are in effect, there will be no fiscal impact to state or local governments, as a result of the enforcement or administration of the amendments. The Commission has only issued two temporary licenses at $100.00 each since the inception of the forensic analyst licensing program in 2019, and the amendments do not impose any costs to state or local governments.

Local Employment Impact Statement. The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Public Benefit. Ms. Tomlin has also determined that for each year of the first five years the new rule is in effect, the anticipated public benefit is that the Commission will charge no fees for temporary licenses in criminal cases that cross state borders, particularly where the evidence is collected and analyzed in one state and subsequently admitted in a Texas criminal case. The changes better facilitate efficient resolution of the criminal action in Texas in these cases. Regarding the Toxicologist (Interpretive) licensure category title changes, the changes provide legal end-users in the criminal justice system with better clarity on the scope of activities permitted by a licensed Toxicologist (Interpretive).

Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities, as a result of implementing the proposed rule. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendments will have no government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code §2001.221(b): 1) the proposed amendments do not create or eliminate a government program; 2) implementation of the proposed amendments do not require the creation of new employee positions or the elimination of existing employee positions; 3) implementation of the proposed amendments do not increase or decrease future legislative appropriations to the agency; 4) the proposed amendments do not require a fee; 5) the proposed amendments do not create a new regulation; 6) the proposed amendments do not increase the number of individuals subject to regulation; and 7) the proposed amendments have a negligible effect on the state's economy.

Environmental Rule Analysis. The Commission has determined that the proposed rules are not brought with specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that the proposed rules are not a "major environmental rule," as defined in Government Code §2001.0225. As a result, the Commission asserts the preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

Request for Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1701 North Congress Avenue, Suite 6-107, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by December 23, 2025 to be considered by the Commission.

Statutory Authority. The rule amendments are proposed under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to license forensic analysts under §4-a(b).

Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01.

§651.203. Forensic Disciplines Subject to Commission Licensing; Categories of Licensure.

(a) Forensic analysis/recognized accreditation. This section describes the forensic disciplines for which accreditation by an accrediting body recognized by the Commission is required by Article 38.01, Code of Criminal Procedure and for which licensing is therefore also required.

(b) By discipline. An individual may apply to the Commission for a Forensic Analyst License for one or more of the disciplines set forth in this section. The specific requirements for obtaining a license in any of the following disciplines may differ depending upon the categories of analysis within the discipline for which the individual is qualified to perform independent casework as set forth in §651.207 of this subchapter (relating to Forensic Analyst Licensing Requirements Including License Term, Fee and Procedure for Denial of Application and Reconsideration). An individual's license shall designate the category or categories of licensure for which the individual has been approved for independent casework and for which the individual has met the requirements set forth in §651.207 of this subchapter as follows:

(1) Seized Drugs. Categories of analysis may include one or more of the following: qualitative determination, quantitative measurement, weight measurement, and volume measurement; Categories of Licensure: Seized Drugs Analyst; Seized Drugs Technician;

(2) Toxicology. Categories of analysis may include one or more of the following: qualitative determination and quantitative measurement; Categories of Licensure: Toxicology Analyst Alcohol only (Non-interpretive); Toxicology Analyst (General, Non-interpretive); Toxicology Analyst [Toxicologist] (Interpretive); Toxicology Technician;

(3) Forensic Biology. Categories of analysis may include one or more of the following: DNA-STR, DNA-YSTR, DNA-Mitochondrial, DNA-massively parallel sequencing, body fluid identification, relationship testing, microbiology, individual characteristic database, and nucleic acids other than human DNA; Categories of Licensure: DNA Analyst; Forensic Biology Screening Analyst; Analyst of Nucleic Acids other than Human DNA; Forensic Biology Technician;

(4) Firearms/Toolmarks. Categories of analysis may include one or more of the following: physical comparison, determination of functionality, length measurement, trigger pull force measurement, qualitative chemical determination, distance determination, ejection pattern determination, product (make/model) determination; Categories of Licensure: Firearms/Toolmarks Analyst; Firearms/Toolmarks Technician;

(5) Materials (Trace). Categories of analysis may include one or more of the following: physical determination, chemical determination, chemical comparison, product (make/model) determination, gunshot residue analysis, footwear and tire tread analysis, and fire debris and explosives analysis (qualitative determination); Categories of Licensure: Materials (Trace) Analyst; Materials (Trace) Technician.

(c) Cross-disciplines. A laboratory may choose to assign a particular discipline or category of analysis to a different administrative section or unit in the laboratory than the designation set forth in this subchapter. Though an individual may perform a category of analysis under a different administrative section or unit in the laboratory, the individual still shall comply with the requirements for the discipline or category of analysis as outlined in this subchapter.

(d) Analysts and Technicians Performing Forensic Analysis on Behalf of the United States Government. Any forensic analyst or technician who performs forensic analysis on behalf of a publicly funded laboratory or law enforcement entity operating under the authority of the United States Government is deemed licensed to perform forensic analysis in Texas for purposes of this subchapter.

§651.207. Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring, and Mandatory Legal and Professional Responsibility Training.

(a) Issuance. The Commission may issue an individual's Forensic Analyst or Forensic Technician License under this section.

(b) License Term. A Forensic Analyst or Forensic Technician license holder must renew the license holder's license after the initial date of issuance, every two years on the day before the issuance of the initial license with the exception of §651.208(b) of this subchapter (relating to Renewal Term).

(c) Application. Before being issued a Forensic Analyst or Forensic Technician License, an applicant must:

(1) demonstrate that he or she meets the definition of Forensic Analyst or Forensic Technician set forth in this subchapter;

(2) complete and submit to the Commission a current Forensic Analyst or Forensic Technician License Application form;

(3) pay the required fee(s) as applicable:

(A) Initial Application fee of $220 for Analysts and $150 for Technicians/Screeners;

(B) Biennial renewal fee of $200 for Analyst and $130 for Technicians/Screeners;

(C) Pro-rated Fees for Certain License Renewals. This subsection applies to licensees initially licensed before January 1, 2024 who are renewing on or before December 31, 2026. Application fee of $220 for Analysts and $150 for Technicians for the twenty-four months of the Initial License Term. If the Analyst or Technician's renewed license term under §651.208(b) of this subchapter exceeds twenty-four months, the Analyst or Technician shall pay an additional prorated amount of $8.33 per month (for Analysts) and $5.42 per month (for Technicians) for each month exceeding two years. If the Analyst or Technician's Initial License Term under §651.208(b) of this subchapter is less than twenty-four months, the Analyst or Technician shall pay a prorated amount of $8.33 per month (for Analysts) and $5.42 per month (for Technicians) for each month in the Initial License Term;

(D) [(E)] Provisional License fee of $110 for Analysts and $75 for Technicians; An applicant who is granted a provisional license and has paid the required fee will not be required to pay an additional initial application fee if the provisional status is removed within one year of the date the provisional license is granted;

(E) [(F)] License Reinstatement fee of $220;

(F) [(G)] De Minimis License fee of $200 per ten (10) licenses;

(G) [(H)] Uncommon Forensic Analysis License fee of $200 per ten (10) licenses; and/or

(H) [(I)] Special Exam Fee of $50 for General Forensic Analyst Licensing Exam, required only if testing beyond the three initial attempts or voluntarily taking the exam under the Unaccredited Forensic Discipline Exception described in subsection (g)(5)(C) of this section;

(4) provide accurate and current address and employment information to the Commission and update the Commission within five (5) business days of any change in address or change of employment. Licensees are required to provide a home address, email address, and employer name and address on an application for a license. If a forensic analyst or forensic technician departs employment, experiences a gap in employment, is no longer actively performing casework, or temporarily assumes non-forensic analysis, administrative duties from an accredited laboratory, or has ninety (90) days or less to reinstate an expired license pursuant to §651.209(a) of this subchapter (relating to Forensic Analyst and Forensic Technician License Expiration), the licensee's status is deemed inactive and will be designated as inactive in the Commission's online database of licensees, until such time that the licensee notifies the Commission of their employment by an accredited laboratory as a forensic analyst or forensic technician, or has a change in job duties requiring the licensee to resume active casework; and

(5) provide documentation that he or she has satisfied all applicable requirements set forth under this section.

(d) Minimum Education Requirements.

(1) Seized Drugs Analyst. An applicant for a Forensic Analyst License in seized drugs must have a baccalaureate or advanced degree in chemical, physical, biological science, chemical engineering or forensic science from an accredited university.

(2) Seized Drugs Technician. An applicant for a Forensic Analyst License limited to the seized drug technician category must have a minimum of an associate's degree or equivalent.

(3) Toxicology (Toxicology Analyst (Alcohol Only, Non-interpretive), Toxicology Analyst (General, Non-interpretive), Toxicology Analyst [Toxicologist] (Interpretive)). An applicant for a Forensic Analyst License in toxicology must have a baccalaureate or advanced degree in a chemical, physical, biological science, chemical engineering or forensic science from an accredited university.

(4) Toxicology Technician. An applicant for a Forensic Analyst License limited to the toxicology technician category must have a minimum of an associate's degree or equivalent.

(5) Forensic Biology (DNA Analyst, Forensic Biology Screener, Nucleic Acids other than Human DNA Analyst, Forensic Biology Technician). An applicant for any category of forensic biology license must have a baccalaureate or advanced degree in a chemical, physical, biological science or forensic science from an accredited university.

(6) Firearm/Toolmark Analyst. An applicant for a Forensic Analyst License in firearm/toolmark analysis must have a baccalaureate or advanced degree in a chemical, physical, biological science, engineering or forensic science from an accredited university.

(7) Firearm/Toolmark Technician. An applicant for a Forensic Analyst License limited to firearm/toolmark technician must have a minimum of a high school diploma or equivalent degree.

(8) Materials (Trace) Analyst. An applicant for a Forensic Analyst License in materials (trace) must have a baccalaureate or advanced degree in a chemical, physical, biological science, chemical engineering or forensic science from an accredited university. A Materials (Trace) Analyst performing only impression evidence analyses must have a minimum of a high school diploma or equivalent degree.

(9) Materials (Trace) Technician. An applicant for a Forensic Analyst License limited to materials (trace) technician must have a minimum of a high school diploma or equivalent degree.

(10) Foreign/Non-U.S. degrees. The Commission shall recognize equivalent foreign, non-U.S. baccalaureate or advanced degrees. The Commission reserves the right to charge licensees a reasonable fee for credential evaluation services to assess how a particular foreign degree compares to a similar degree in the United States. The Commission may accept a previously obtained credential evaluation report from an applicant or licensee in fulfillment of the degree comparison assessment.

(11) If an applicant does not meet the minimum education qualifications outlined in this section, the procedure in subsection (f) or (j) of this section applies.

(e) Specific Coursework Requirements.

(1) Seized Drugs Analyst. An applicant for a Forensic Analyst License in seized drugs must have a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university. In addition to the chemistry coursework, an applicant must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.

(2) Toxicology. An applicant for a Forensic Analyst License in toxicology must fulfill required courses as appropriate to the analyst's role and training program as described in the categories below:

(A) Toxicology Analyst (Alcohol Only, Non-interpretive). A toxicology analyst who conducts, directs or reviews the alcohol analysis of forensic toxicology samples, evaluates data, reaches conclusions and may sign a report for court or investigative purposes, but does not provide interpretive opinions regarding human performance must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university.

(B) Toxicology Analyst (General, Non-interpretive). A toxicology analyst who conducts, directs or reviews the analysis of forensic toxicology samples, evaluates data, reaches conclusions and may sign a report for court or investigative purposes, but does not provide interpretive opinions regarding human performance, must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework that includes organic chemistry and two three-semester credit hour (or equivalent) college-level courses in analytical chemistry and/or interpretive science courses that may include Analytical Chemistry, Chemical Informatics, Instrumental Analysis, Mass Spectrometry, Quantitative Analysis, Separation Science, Spectroscopic Analysis, Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal Chemistry, Pharmacology, Physiology, or Toxicology.

(C) Toxicology Analyst [Toxicologist] (Interpretive). A toxicology analyst [toxicologist] who conducts, directs or reviews the analysis of forensic toxicology samples, evaluates data, reaches conclusions, signs reports, and/or provides interpretive opinions regarding human performance related to the results of toxicological tests (alcohol and general) for court or investigative purposes must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework that includes organic chemistry, one three-semester credit hour (or equivalent) course in college-level analytical chemistry (Analytical Chemistry, Chemical Informatics, Instrumental Analysis, Mass Spectrometry, Quantitative Analysis, Separation Science or Spectroscopic Analysis) and one three-semester credit hour (or equivalent) college-level courses in interpretive science. (Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal Chemistry, Pharmacology, Physiology, or Toxicology).

(D) An applicant for a toxicology license for any of the categories outlined in subparagraphs (A) - (C) of this paragraph must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.

(3) DNA Analyst. An applicant for a Forensic Analyst License in DNA analysis must demonstrate he/she has fulfilled the specific coursework requirements of the Federal Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing Laboratories effective at the time of the individual's application. An applicant must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.

(4) Firearm/Toolmark Analyst. An applicant must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. No other specific college-level coursework is required.

(5) Materials (Trace) Analyst. An applicant for a Forensic Analyst License in materials (trace) for one or more of the chemical analysis categories of analysis (chemical determination, physical/chemical comparison, gunshot residue analysis, and fire debris and explosives analysis) must have a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university. In addition to chemistry coursework for the chemical analysis categories, all materials (trace) license applicants must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. An applicant for a Forensic Analyst License in materials (trace) limited to impression evidence is not required to fulfill any specific college-level coursework requirements other than the statistics requirement.

(6) Exemptions from specific coursework requirements. The following categories of licenses are exempted from coursework requirements:

(A) An applicant for the technician license category of any forensic discipline set forth in this subchapter is not required to fulfill any specific college-level coursework requirements.

(B) An applicant for a Forensic Analyst License limited to forensic biology screening, nucleic acids other than human DNA and/or Forensic Biology Technician is not required to fulfill the Federal Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing or any other specific college-level coursework requirements.

(f) Requirements Specific to Forensic Science Degree Programs. For a forensic science degree to meet the Minimum Education Requirements set forth in this section, the forensic science degree program must be either accredited by the Forensic Science Education Programs Accreditation Commission (FEPAC) or if not accredited by FEPAC, it must meet the minimum curriculum requirements pertaining to natural science core courses and specialized science courses set forth in the FEPAC Accreditation Standards.

(g) Waiver of Specific Coursework Requirements and/or Minimum Education Requirements for Lateral Hires, Promoting Analysts and Current Employees. Specific coursework requirements and minimum education requirements are considered an integral part of the licensing process; all applicants are expected to meet the requirements of the forensic discipline(s) for which they are applying or to offer sufficient evidence of their qualifications as described below in the absence of specific coursework requirements or minimum education requirements. The Commission Director or Designee may waive one or more of the specific coursework requirements or minimum education requirements outlined in this section for an applicant who:

(1) has five or more years of credible experience in an accredited laboratory in the forensic discipline for which he or she seeks licensure; or

(2) is certified by one or more of the following nationally recognized certification bodies in the forensic discipline for which he or she seeks licensure;

(A) The American Board of Forensic Toxicology;

(B) The American Board of Clinical Chemistry;

(C) The American Board of Criminalistics;

(D) The International Association for Identification; or

(E) The Association of Firearm and Toolmark Examiners; and

(3) provides written documentation of laboratory-sponsored training in the subject matter areas addressed by the specific coursework requirements.

(4) An applicant must request a waiver of specific coursework requirements and/or minimum education requirements at the time the application is filed.

(5) An applicant requesting a waiver from specific coursework requirements and/or minimum education requirements shall file any additional information needed to substantiate the eligibility for the waiver with the application. The Commission Director or Designee shall review all elements of the application to evaluate waiver request(s) and shall grant a waiver(s) to qualified applicants.

(h) General Forensic Analyst Licensing Exam Requirement.

(1) Exam Requirement. An applicant for a Forensic Analyst License must pass the General Forensic Analyst Licensing Exam administered by the Commission.

(A) An applicant is required to take and pass the General Forensic Analyst Licensing Exam one time.

(B) An applicant may take the General Forensic Analyst Licensing Exam no more than three times. If an applicant fails the General Forensic Analyst Licensing Exam or the Modified General Forensic Analyst Licensing Exam three times, the applicant has thirty (30) days from the date the applicant receives notice of the failure to request special dispensation from the Commission as described in subparagraph (C) of this paragraph. Where special dispensation is granted, the applicant has 90 days from the date he or she receives notice the request for exam is granted to successfully complete the exam requirement. However, for good cause shown, the Commission or its Designee at its discretion may waive this limitation.

(C) Requests for Exam. If an applicant fails the General Forensic Analyst Licensing Exam or Modified General Forensic Analyst Licensing Exam three times, the applicant must request in writing special dispensation from the Commission to take the exam more than three times. Applicants may submit a letter of support from their laboratory director or licensing representative and any other supporting documentation supplemental to the written request.

(D) If an applicant sits for the General Forensic Analyst Licensing Exam or the Modified General Forensic Analyst Licensing Exam more than three times, the applicant must pay a $50 exam fee each additional time the applicant sits for the exam beyond the three initial attempts.

(E) Expiration of Provisional License if Special Dispensation Exam Unsuccessful. If the 90-day period during which special dispensation is granted expires before the applicant successfully completes the exam requirement, the applicant's provisional license expires.

(2) Modified General Forensic Analyst Licensing Exam. Technicians in any discipline set forth in this subchapter may fulfill the General Forensic Analyst Licensing Exam requirement by taking a modified exam administered by the Commission.

(3) Examination Requirements for Promoting Technicians. If a technician passes the modified General Forensic Analyst Licensing Exam and later seeks a full Forensic Analyst License, the applicant must complete the portions of the General Forensic Analyst Exam that were not tested on the modified exam.

(4) Credit for Pilot Exam. If an individual passes the Pilot General Forensic Analyst Licensing Exam, regardless of his or her eligibility status for a Forensic Analyst License at the time the exam is taken, the candidate has fulfilled the General Forensic Analyst Licensing Exam Requirement of this section should he or she later become subject to the licensing requirements and eligible for a Forensic Analyst License.

(5) Eligibility for General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam.

(A) Candidates for the General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam must be employees of a crime laboratory accredited under Texas law or employed by an agency rendering them eligible for a voluntary license under §651.222 (Voluntary Forensic Analyst Licensing Requirements Including Eligibility, License Term, Fee, and Procedure for Denial of Initial Application or Renewal Application and Reconsideration) of this subchapter to be eligible to take the exam.

(B) Student Examinee Exception. A student is eligible for the General Forensic Analyst Licensing Exam one time if the student:

(i) is currently enrolled in an accredited university as defined in §651.202 of this subchapter (relating to Definitions);

(ii) has completed sufficient coursework to be within 24 semester hours of completing the requirements for graduation at the accredited university at which the student is enrolled; and

(iii) designates an official university representative who will proctor and administer the exam at the university for the student.

(C) Crime Laboratory Management and Unaccredited Forensic Discipline Exception. An Employee of a crime laboratory accredited under Texas law who is either part of the crime laboratory's administration or management team or authorized for independent casework in a forensic discipline listed below is eligible for the General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam:

(i) forensic anthropology;

(ii) the location, identification, collection or preservation of physical evidence at a crime scene;

(iii) crime scene reconstruction;

(iv) latent print processing or examination;

(v) digital evidence (including computer forensics, audio, or imaging);

(vi) breath specimen testing under Transportation Code, Chapter 724, limited to analysts who perform breath alcohol calibrations; and

(vii) document examination, including document authentication, physical comparison, and product determination.

(i) Proficiency Monitoring Requirement.

(1) An applicant must demonstrate participation in the employing laboratory's process for intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory's accrediting body's proficiency monitoring requirements as applicable to the Forensic Analyst or Forensic Technician's specific forensic discipline and job duties.

(2) A signed certification by the laboratory's authorized representative that the applicant has satisfied the applicable proficiency monitoring requirements, including any intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements of the laboratory's accrediting body as of the date of the analyst's application, must be provided on the Proficiency Monitoring Certification form provided by the Commission. The licensee's authorized representative must designate the specific forensic discipline in which the Forensic Analyst or Forensic Technician actively performs forensic casework or is currently authorized to perform supervised or independent casework by the laboratory or employing entity.

(j) Mandatory Legal and Professional Responsibility Course:

(1) All Forensic Analyst and Forensic Technician License applicants must complete the current Commission-sponsored mandatory legal and professional responsibility update at the time of their application or demonstrate that they have taken the training within the 12-month period preceding the date of their application.

(2) Mandatory legal and professional responsibility training topics may include training on current and past criminal forensic legal issues, professional responsibility and human factors, courtroom testimony, disclosure and discovery requirements under state and federal law, and other relevant topics as designated by the Commission.

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 November 5, 2025.

TRD-202504001

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: December 21, 2025

For further information, please call: (512) 936-0661

The Texas Forensic Science Commission (Commission) proposes amendments to 37 Texas Administrative Code §651.216, Disciplinary Action, to harmonize language related to disciplinary actions by the Commission with the disciplinary action authority granted to the Commission in Code of Criminal Procedure, Article 38.01, Section 4-c. The changes reflect a vote taken by the Commission at its October 24, 2025 quarterly meeting.

Background and Justification. The proposed amendments align the Commission's rules for disciplinary actions related to licensees with the Commission's current statutory authority for disciplinary actions against a licensee in Code of Criminal Procedure, Article 38.01, Section 4-c. The Commission's current rule for licensees related to disciplinary actions begins with the term "Professional Misconduct," which may imply the Commission can only take disciplinary action against a licensee after a professional misconduct finding. Further, the rule does not reference "professional negligence" as another finding by which the Commission may take appropriate disciplinary action against a licensee. Code of Criminal Procedure, Article 38.01, Section 4-c authorizes the Commission to take disciplinary action on a determination by the Commission that a license holder has committed professional negligence or professional misconduct, violated the Commission's code of professional responsibility, or otherwise violated Code of Criminal Procedure, Article 38.01, or other rule or order of the Commission. The changes proposed herein reflect this authority.

Fiscal Note. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that for each year of the first five years the proposed amendments are in effect, there will be no fiscal impact to state or local governments, as a result of the enforcement or administration of the amendments. The amendments do not impose any costs to state or local governments.

Local Employment Impact Statement. The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Public Benefit. Ms. Tomlin has also determined that for each year of the first five years the new rule is in effect, the anticipated public benefit is that members of the criminal justice community and other stakeholders will better understand the Commission's authority with respect to disciplinary actions against licensees.

Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities, as a result of implementing the proposed rule. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendments will have no government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code § 2001.221(b): 1) the proposed amendments do not create or eliminate a government program; 2) implementation of the proposed amendments do not require the creation of new employee positions or the elimination of existing employee positions; 3) implementation of the proposed amendments do not increase or decrease future legislative appropriations to the agency; 4) the proposed amendments do not require a fee; 5) the proposed amendments do not create a new regulation; 6) the proposed amendments do not increase the number of individual's subject to regulation; and 7) the proposed amendments have a negligible effect on the state's economy.

Environmental Rule Analysis. The Commission has determined that the proposed rules are not brought with specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that the proposed rules are not a "major environmental rule," as defined in Government Code §2001.0225. As a result, the Commission asserts the preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

Request for Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1701 North Congress Avenue, Suite 6-107, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by December 23, 2025 to be considered by the Commission.

Statutory Authority. The rule amendments are proposed under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and pursuant its authority to investigate and make a determination of whether professional negligence or professional misconduct occurred under § 4; take disciplinary action under § 4-c, and its authority to license forensic analysts under §4-a(b).

Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01.

§651.216. Licensee Disciplinary Actions [Action].

(a) Disciplinary Actions [Professional Misconduct Finding]. On a determination by the Commission that a license holder or applicant for a license has committed professional negligence or professional misconduct as defined by §651.302 of this chapter (relating to Definitions) and under Article 38.01, Code of Criminal Procedure or violated Article 38.01, Code of Criminal Procedure, or a rule or order of the Commission, the Commission may, as applicable:

(1) revoke or suspend the person's license;

(2) refuse to renew the person's license;

(3) reprimand the license holder; or

(4) deny the person a license.

(b) Probation. The Commission may place on probation a person whose license is suspended. If a license suspension is probated, the Commission may require the license holder to:

(1) report regularly to the Commission on matters that are the basis of the probation; or

(2) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the Commission in those areas that are the basis of the probation.

(c) Factors in Determining Possible Adverse Action.

(1) In determining the appropriate disciplinary action against a license holder or in assessing whether a prospective applicant must be granted a license, the Commission may consider the following factors:

(A) the seriousness of the violation;

(B) the individual's disciplinary history;

(C) the harm or potential harm to the laboratory or criminal justice system as a whole;

(D) attempted concealment of the act by the individual;

(E) any other relevant factors.

(2) The Commission considers the following factors in determining whether a less severe or less restrictive disciplinary action is warranted:

(A) candor in addressing the violation, including self-reported and voluntary admissions of the misconduct or violation;

(B) acknowledgement of wrongdoing and willingness to cooperate with the Commission;

(C) changes made by the individual to ensure compliance and prevent future misconduct;

(D) rehabilitative potential;

(E) other relevant circumstances reducing the seriousness of the misconduct; or

(F) other relevant circumstances lessening responsibility for the misconduct.

(3) The license holder or license applicant will have the burden to present evidence regarding any mitigating factors that may apply.

(4) This rule will not be construed to deny any licensee or applicant subject to disciplinary action by the Commission the right to introduce mitigating evidence in a hearing before the Judicial Branch Certification Commission. This rule also will not be construed to deny the Texas Forensic Science Commission the right to introduce any evidence supporting any of the factors described above in a hearing before the Judicial Branch Certification Commission.

(d) A license holder has a right to notice and appeal to the Judicial Branch Certification Commission as described in Subchapter E of this chapter.

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 November 5, 2025.

TRD-202504002

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: December 21, 2025

For further information, please call: (512) 936-0661