Relating to certification requirements for a fire marshal and any related employee, officer, inspector, and investigator appointed by certain counties and emergency services districts.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Commission on Fire Protection (TCFP) • County Commissioners Courts (Oversight of appointments) • Emergency Services District Boards (Oversight of appointments)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:June 20, 2025 (Note: This bill received a supermajority vote for immediate effect; do not wait until September 1).
Compliance Deadline:
June 20, 2026 (12 Months): Deadline for incumbents and new hires to obtain *Head of Prevention* and *Fire Protection Personnel* certifications. (Incumbents must also obtain *Head of Suppression*).
June 20, 2027 (24 Months): Deadline for all staff to obtain *Fire Marshal Basic* certification.
Agency Rulemaking: The Texas Commission on Fire Protection (TCFP) currently administers these certifications. Watch for guidance regarding the definition of "related employees" to clarify which administrative support roles, if any, fall under this mandate.
Immediate Action Plan
1.Identify Affected Personnel: Determine if your county population exceeds 100k. If yes, list every Fire Marshal, inspector, and investigator on payroll.
2.Audit Certifications: Compare current staff credentials against the new TCFP mandates (Head of Prevention, Fire Marshal Basic, Fire Protection Personnel).
3.Update Job Descriptions: Rewrite job postings and descriptions to list these certifications as mandatory deliverables within the first 12-24 months.
4.Review Insurance: Contact your liability carrier to ensure coverage remains valid during the "training gap" period for uncertified incumbents.
5.Schedule Training: Register staff for TCFP courses immediately; classes will fill up quickly due to this statewide mandate.
Operational Changes Required
Contracts
Employment Agreements: You must amend contracts for all Fire Marshal office personnel to include a "Condition of Employment" clause. Failure to obtain statutory certifications within the 12/24-month window must be grounds for automatic termination or reassignment.
Inter-local Agreements: If your ESD contracts with another entity for Fire Marshal services, amend the agreement to require a warranty that all assigned personnel meet HB3687 certification standards.
Clawback Provisions: Implement training reimbursement agreements requiring repayment of course/exam fees if an employee resigns shortly after certification.
Hiring/Training
Incumbent Audits: Immediately audit the TCFP status of all current staff. Enroll uncertified staff in coursework immediately to meet the June 2026 deadline.
Duty Segregation: Until certifications are finalized, uncertified personnel must not sign official inspection reports or conduct arson investigations without direct supervision by a certified officer to preserve the legal validity of the act.
Peace Officer Status: Ensure any staff carrying weapons or conducting criminal investigations hold a permanent peace officer license from TCOLE in addition to TCFP requirements.
Reporting & Record-Keeping
Compliance Dossier: HR must maintain a specific file for the Fire Marshal’s office containing current TCFP certifications. Do not rely on the employee to track this.
Timeline Tracking: Create a tracking log for every hire date versus certification date to prove compliance with the statutory 1-year and 2-year windows during any future liability claim.
Fees & Costs
Training Budget: Allocate immediate funds for TCFP academy tuition, examination fees, and travel expenses.
Overtime: Anticipate increased overtime costs to cover shifts while personnel attend mandatory training.
Strategic Ambiguities & Considerations
"Related Employee" Scope: The law applies to "any related employee... inspector, and investigator." It is unclear if this extends to administrative staff who process technical data. Guidance: Take a conservative approach. If the employee touches field work, plans review, or technical approval, mandate the certification.
Cross-County ESDs: The statute specifies ESDs "wholly located" in a county of >100k population. ESDs that straddle county lines appear to be technically exempt, but this creates a liability gap. We advise voluntary compliance to prevent negligence claims.
Incumbent "Head of Suppression": Section 3 requires incumbents to obtain "Head of Suppression" certification, a requirement not explicitly listed for new hires. This appears to be a higher standard for existing staff during the transition.
Need Help Understanding Implementation?
Our government affairs experts can walk you through this bill's specific impact on your operations.
Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The bill author has informed the committee that while the majority of county fire marshals in Texas are qualified veterans of the fire services or law enforcement, some individuals who are not properly trained and certified as fire marshals have been appointed to the position in some populous counties, leading to problems for the county. H.B. 3687 seeks to ensure that individuals with the immense responsibility of protecting the public's lives and property are properly qualified and experienced by establishing a standard qualification for certain county fire marshals.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3687 amends the Health and Safety Code and Local Government Code to require a fire marshal for a county with a population of 100,000 or more or for an emergency services district wholly located in such a county to hold the following certifications issued by the Texas Commission on Fire Protection (TCFP):
·head of a prevention-only fire department certification not later than 12 months after the date the marshal is initially appointed;
·a fire marshal basic certification not later than 24 months after the date the marshal is initially appointed; and
·a fire protection personnel certification not later than 12 months after the date the marshal is initially appointed.
If acting as a peace officer, the fire marshal and any related officer, inspector, and investigator must hold a permanent peace officer license. If acting under fire marshal authority to conduct or supervise arson investigations or fire inspections, the fire marshal or the marshal's employees must hold certifications required for fire inspection by TCFP.
H.B. 3687 requires a fire marshal for a county with a population of 100,000 or more or for an emergency services district wholly located in such a county who is initially appointed before the bill's effective date to receive the following certifications, notwithstanding the bill's other provisions:
·head of a suppression fire department certification, head of a prevention-only fire department certification, and a fire protection personnel certification, issued by TCFP not later than 12 months after the bill's effective date;
·a fire marshal basic certification issued by TCFP not later than 24 months after the bill's effective date; and
·if acting as a peace officer, a permanent peace officer license.
Honorable Cecil Bell, Chair, House Committee on Intergovernmental Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3687 by Harless (Relating to certification requirements for a fire marshal and any related employee, officer, inspector, and investigator appointed by certain counties and emergency services districts.), As Introduced
No fiscal implication to the State is anticipated.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
411 Commission on Fire Protection
LBB Staff:
JMc, SZ, BC, CWi
Related Legislation
Explore more bills from this author and on related topics
HB3687 imposes strict, non-negotiable professional certification standards on Fire Marshals and their staff in Texas counties with populations of 100,000 or more and Emergency Services Districts (ESDs) wholly located within them. Effective immediately, this legislation removes the ability to appoint unqualified personnel; all affected staff must obtain specific Texas Commission on Fire Protection (TCFP) certifications within 12 to 24 months or face disqualification from office. Implementation Timeline Effective Date: June 20, 2025 (Note: This bill received a supermajority vote for immediate effect; do not wait until September 1).
Q
Who authored HB3687?
HB3687 was authored by Texas Representative Sam Harless during the Regular Session.
Q
When was HB3687 signed into law?
HB3687 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3687?
HB3687 is enforced by Texas Commission on Fire Protection (TCFP), County Commissioners Courts (Oversight of appointments) and Emergency Services District Boards (Oversight of appointments).
Q
How urgent is compliance with HB3687?
The compliance urgency for HB3687 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3687?
The cost impact of HB3687 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3687 address?
HB3687 addresses topics including county government, county government--employees/officers, fire fighters & police, fire fighters & police--general and occupational regulation.
Legislative data provided by LegiScanLast updated: November 25, 2025
Need Strategic Guidance on This Bill?
Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.
