MARK WHITE Attorney General 

# The Attorney General of Texas

April 10, 1981

Honorable Garland W.Fulbright Executive Director Commission onFire Protection Personnel Standards &Education 510S.Congress, Suite 406 Austin, Texas 78704 Opinion No. MN-320 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 2ofarticle 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 ofthis Act to befire 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” asfire inspectors. In only two instances does the statute allude to certification of specialties inaddition 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 Wedonot believe the commission has authority to establish certification requirements for an additional

P. 1027Honorable Garland W.Fulbright - Page Two (MN-320)

specialty, such as fie inspector. Weare supported in this conclusion by reference to other licensing statutes. When the legislature has intended to authorize licensing boards to certify specialties within abasic discipline, it has specifically said soand 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 ofMorticians). 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 asalcoholism 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 ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General RICHARD E.GRAY III Executive Assistant Attorney General Prepared byRick Gilpin Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L.Garrison, Chairman Jon Bible Rick Gilpin Peter Nolan

P. 1028