This section lets a person renew or keep a fire protection personnel certificate even if they are not employed by a local authority or fire department, and sets different renewal rules based on how long the certificate has been expired.
Sec. 419.0341. INDIVIDUAL CERTIFICATE HOLDER; CERTIFICATE RENEWAL. (a) Notwithstanding any other provision of this subchapter, a person may be certified as fire protection personnel and continue to hold and renew the certificate without regard to whether the person is employed or continues to be employed by a local authority or fire department. (b) A person who is certified as fire protection personnel who is not employed by a local authority or fire department may renew an unexpired certificate before the expiration of the certificate by: (1) submitting evidence satisfactory to the commission of completion of any required professional education; and (2) paying to the commission the required renewal fee. (c) If the person's certificate has been expired for 30 days or less, the person may renew the certificate by: (1) submitting evidence satisfactory to the commission of completion of any required professional education; and (2) paying to the commission the required renewal fee and a fee that is one-half of the certification fee for the certificate. (d) If the person's certificate has been expired for longer than 30 days but less than one year, the person may renew the certificate by: (1) submitting evidence satisfactory to the commission of completion of any required professional education; and (2) paying to the commission all unpaid renewal fees and a fee that is equal to the certification fee for the certificate. (e) If the person's certificate has been expired for more than five years, the person may not renew the certificate. The person may obtain a new certificate by submitting to the proficiency examination or repeating the requirements and procedures for obtaining an original certificate. The commission shall charge a fee to cover the cost of administering the proficiency examination. (e-1) If the person's certificate has been expired for more than one year but not more than five years, the person may renew the certificate in accordance with rules established by the commission. The commission by rule shall establish: (1) a system for renewing a certificate under this subsection; (2) a list of criteria a person must satisfy to renew a certificate under this subsection; and (3) a fee for renewing a certificate under this subsection. (f) At least 30 days before the expiration of the certificate of a person who is not employed by a local authority or fire department, the commission shall send written notice of the impending certificate expiration to the last known address of the person according to the records of the commission. (g) The commission shall establish by rule the procedures and requirements for evidence of compliance with this section. (h) Notwithstanding any other law, the commission by rule may establish a procedure to waive the late fees or examination required by this section for a person whose certificate expired because of the person's good faith clerical error, including the person's failure to submit fees in a timely manner. Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.05, eff. Sept. 1, 1997. Amended by: Acts 2023, 88th Leg., R.S., Ch. 755 (H.B. 4073), Sec. 1, eff. September 1, 2023.