Untitled Texas Attorney General Opinion ( 1981 )

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 P. 1027 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 P. 1028