MARK WHITE 

Attorney General 

The Attorney General of Texas 

April 10, 1981 

Honorable Garland W. Fulbright 

Executive Director 

Commission on Fire Protection 

Personnel Standards & Education 

510 S. Congress, Suite 406 

Austin, Texas 78704 

Opinion No. MN- 3 2 0 

Re: Authority of the Commission 

Fire Protection Personnel 

&ndards and Education to 

promulgate mandatory certification 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 permanent 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 requirements for fire inspectors. 

SUMMARY 

The Commission on Fire Protection Personnel Standards and 

Education lacks authority to promulgate mandatory certification 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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