1. (a) All full-time personnel employed by any local government entity in Texas who are assigned fire investigation duties must be as a minimum, certified as a structure fire protection personnel or fire investigator by the commission.
2. (b) Prior to being assigned to fire investigation duties as a full-time employee, all personnel who are not certified as structure fire protection personnel must complete a commission approved basic fire investigator training program and successfully pass the commission examination pertaining to that curriculum.
3. (c) All individuals holding a Fire Investigator certification shall be required to comply with the continuing education requirements in §441.15 of this title (relating to Continuing Education Requirements for Arson Investigator or Fire Investigator).
4. (d) An individual certified under this subchapter shall limit his or her investigation to determining fire cause and origin. If evidence of a crime is discovered, the investigator shall immediately transfer custody and control of the investigation to a certified arson investigator or licensed peace officer.
5. (e) A person who previously held an arson investigator certification who no longer holds a current commission as a peace officer may apply for certification as a fire investigator in accordance with this subchapter.

Source Note:The provisions of this §431.201 adopted to be effective November 1, 1998, 23 TexReg 10898; amended to be effective December 27, 2001, 26 TexReg 10619.