The opinion
The Attorney General of Texas
April 10, 1981
MARK WHITE
Attorney General
Honorable Garland W. Fulbright Opinion No. MN- 3 2 0
Executive Director
Commission on Fire Protection Re: Authority of the Commission
Personnel Standards & Education
Fire Protection Personnel
510 S. Congress, Suite 406 Education to
&ndards and
Austin, Texas 78704
promulgate mandatory certifica-
tion requirements for positions
other than entry level fire
protection personnel
Dear Mr. Fulbright:
You have requested our opinion regarding the authority of the
Commission on Fire Protection Personnel Standards and Education to
promulgate mandatory certification requirements for inspectors.
Section 2 of article 4413(35), V.T.C.S., empowers the commission to:
(2) establish minimum educational, training,
physical, mental, and moral standards for admission
to employment as fire protection personnel in per-
manent positions or in temporary or probationary
status; land1
(3) certify persons as being qualified under the
provisions of this Act to be fire protection personnel;
See also S6(c). Section 2 clearly authorizes the commission to establish
minimum certification requirements only “for admission to employment as
fire protection personnel” You Indicate that persons are not “admitted to
employment” as fire inspectors.
In only two instances does the statute allude to certification of
specialties in addition to the basic certification: section 2(4) authorizes the
board to certify persons as “fire protection Instructors,” and section 6(h)
directs the board to formulate requirements for certification as a marine
fireman. In our opinion, the board, except for these two specialties, may
establish minimum requirements only for people seeking admission to
employment as fire protection personneL We do not believe the commission
has authority to establish certification requirements for an additional
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Honorable Garland W. Fulbright - Page Two (MN-320)
specialty, such as fie inspector. We are supported in this conclusion by reference to
other licensing statutes. When the legislature has intended to authorize licensing
boards to certify specialties within a basic discipline, it has specifically said so and has
delineated the parameters of that authority. See, e.&, V.T.C.S. art. 4512c, SB(b)
(Board of Examiners of Psychologists); art.. 4512e, 598, 9 (Board of Physical Therapy
Examiners); art. 45824 S3B (Board of Morticians). See also Attorney General Opinions
MW-42 (1979) (Board of Nurse Examiners may not c-advanced nurse practitioners
absent statutory authority); H-870 (1976) (Commission on Alcoholism may not certify
persons as alcoholism counselors).
We conclude that the Commission on Fire Protection Personnel Standards and
Education lacks statutory authority to promulgate mandatory certification require-
ments for fire inspectors.
SUMMARY
The Commission on Fire Protection Personnel Standards and
Education lacks authority to promulgate mandatory certifica-
tion requiements for fire inspectors.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Peter Nolan
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