37 Tex. Admin. Code § 421.11 - Requirement to Be Certified Within One Year
(a) Except for subsection (c) and (d) of this
section, fire protection personnel or part-time fire protection employees of a
fire department who are appointed duties identified as fire protection
personnel duties must be certified by the commission in the discipline(s) to
which they are assigned within one year of their appointment to the duties or
within two years of successfully passing the applicable commission examination,
whichever is less. The commission shall not approve an initial certification
for a regulated discipline until it has reviewed and approved a person's
fingerprint-based criminal history record. An individual who accepts
appointment(s) in violation of this section shall be removed from the
appointment(s) and will be subject to administrative penalties. A department or
local government that appoints an individual in violation of this section will
also be subject to administrative penalties.
(b) An individual who has been removed from
appointment to duties identified as fire protection personnel duties for
violation of this section must petition the commission in writing for
permission to be reappointed to the duties from which they were removed. The
petition will be considered only if the individual has obtained all appropriate
certification(s) applicable to the duties to which the individual seeks
reappointment.
(c) A military
spouse may be appointed to fire protection personnel duties with a regulated
fire department without being required to obtain the applicable certification,
provided the military spouse submits the following to the commission prior to
appointment and has received confirmation of approval from the commission:
(1) notification to the commission of intent
to perform regulated fire protection duties;
(2) documentation of equivalent certification
from another jurisdiction;
(3) a
fingerprint-based criminal history record using the commission approved
system;
(4) proof of residency in
Texas; and
(5) a copy of the
individual's military identification card.
(d) A military spouse appointed to fire
protection duties under this section may engage in those duties only for the
period in which the military service member to whom the spouse is married is
stationed at a military installation in Texas, but not to exceed three years
from the date the military spouse receives approval from the commission to
engage in those duties.
Notes
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