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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB2143

Regular Session

Relating to the authority of a county to commission certain individuals as peace officers and establish certain law enforcement agencies.

Government Affairs & Regulatory Compliance Analysis

SB2143: Government Affairs Overview

SB2143 authorizes counties to commission County Fire Marshals, Fire Inspectors, and Fire Investigators as peace officers, fundamentally shifting site inspections from administrative compliance to law enforcement interactions. Effective September 1, 2025, fire officials in participating counties will possess arrest powers and the authority to enforce fire, building, and hazardous material codes under the threat of criminal penalty rather than civil citation.

Sen. Charles Perry·Senate Bill·Regular Session

Low
Low Cost
Effective:2025-09-01
Enforcing Agencies

County Commissioners Courts • County Fire Inspectors • County Fire Investigators • County Fire Marshals

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SB2143
Low
Relating to the authority of a county to commission certain individuals as peace officers and establish certain law enforcement agencies.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County Commissioners CourtsCounty Fire InspectorsCounty Fire InvestigatorsCounty Fire Marshals
Primary Author: Sen. Charles Perry
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025.
  • Compliance Deadline: Immediate upon County Adoption. This is an enabling statute. You must monitor County Commissioners Court agendas starting August 2025 to determine if your specific county opts into this commission structure.
  • Agency Rulemaking: The Texas Commission on Law Enforcement (TCOLE) generally regulates peace officer licensure. While no new specific agency rules are mandated by this bill, counties must pass specific orders to commission these officers, creating a patchwork of enforcement standards across the state.

Immediate Action Plan

  • 1. Map Your Assets: Identify all facilities located in unincorporated county areas (outside city limits).
  • 2. Monitor Local Agendas: Assign government affairs staff to track County Commissioners Court agendas in those specific counties for "Fire Marshal Peace Officer Commissioning" votes starting August 2025.
  • 3. Update "Dawn Raid" Protocols: Revise your regulatory inspection checklists to acknowledge that fire inspectors now have arrest authority.
  • 4. Audit HazMat Storage: Conduct a pre-emptive audit of all hazardous material storage in unincorporated facilities before the law takes effect.

Operational Changes Required

Contracts

  • Lease Agreements: Landlords with properties in unincorporated areas must review "Compliance with Laws" sections. Ensure lease terms permit immediate default if a tenant’s violation triggers criminal enforcement or arrest by the Fire Marshal.
  • Vendor Indemnification: Update agreements with hazardous waste and construction vendors. Indemnity clauses must explicitly cover costs arising from "criminal or civil enforcement actions" initiated by county fire officials.

Hiring/Training

  • Site Access Protocols: Retrain security and front-desk personnel. A County Fire Marshal is no longer a civilian inspector; they are a peace officer. Denying access or arguing can now constitute Interference with Public Duties, a criminal offense.
  • De-escalation Training: Site managers must be trained to handle inspections as potential criminal investigations. Staff should be instructed to provide requested documentation immediately but to refrain from volunteering non-required information without counsel.

Reporting & Record-Keeping

  • Incident Logging: Update corporate incident reporting systems. A citation from a Fire Marshal is now a law enforcement interaction and must be logged as such for insurance and liability purposes.
  • HazMat Documentation: Because the bill explicitly covers "codes involving hazardous materials," ensure Safety Data Sheets (SDS) and disposal manifests are audit-ready. Gaps in records can now support criminal negligence claims.

Fees & Costs

  • Legal Defense: Budget for potential increases in legal costs. Resolving a code violation involving a peace officer often requires criminal defense counsel rather than standard regulatory support.
  • Insurance: Consult your broker regarding "Law Enforcement Professional Liability" exclusions in your current policies, specifically regarding how your private security interacts with these new peace officers.

Strategic Ambiguities & Considerations

  • Scope of "Building-Related Codes": The statute authorizes enforcement of "building-related codes." It is unclear if this extends the Fire Marshal's police powers into structural, electrical, or plumbing disputes traditionally handled by civilian code enforcement. Expect aggressive enforcement until case law defines the boundary.
  • "Law Enforcement Agency" Definition: The bill prohibits counties from creating new law enforcement agencies without authorization, yet allows this commissioning. This creates a legal gray zone regarding the chain of command: does the Fire Marshal answer to the Sheriff or the Commissioners Court regarding use-of-force incidents?

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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.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 10, 2025
Passed Senate
Apr 16, 2025
Passed House
May 20, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCounty GovernmentCounty Government--employees/officersFire Fighters & PoliceFire Fighters & Police--generalLaw EnforcementPeace OfficersFire MarshalFire Protection, Texas Commission On
03

Senate Authors

Sen. Charles PerryRepublican · Primary Author
Coauthors (1)

House Sponsor

Rep. Ray LopezDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB2143

Q

What does Texas SB2143 do?

SB2143 authorizes counties to commission County Fire Marshals, Fire Inspectors, and Fire Investigators as peace officers, fundamentally shifting site inspections from administrative compliance to law enforcement interactions. Effective September 1, 2025, fire officials in participating counties will possess arrest powers and the authority to enforce fire, building, and hazardous material codes under the threat of criminal penalty rather than civil citation.

Q

Who authored SB2143?

SB2143 was authored by Texas Senator Charles Perry during the Regular Session.

Q

When was SB2143 signed into law?

SB2143 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB2143?

SB2143 is enforced by County Commissioners Courts, County Fire Inspectors, County Fire Investigators and County Fire Marshals.

Q

How significant are the changes in SB2143?

The regulatory priority for SB2143 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB2143?

The cost impact of SB2143 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB2143 address?

SB2143 addresses topics including county government, county government--employees/officers, fire fighters & police, fire fighters & police--general and law enforcement.

Q

What are the key dates for SB2143?

Key dates for SB2143: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026