(a) If the county fire marshal determines that further investigation of a fire or of an attempt to set a fire is necessary, the marshal may:
(1) subpoena witnesses to testify regarding the fire or attempt;
(2) administer oaths to the witnesses;
(3) take and preserve written statements, affidavits, and depositions; and
(4) require the production of an instrument that is pertinent to the investigation.
(b) The county fire marshal shall file in a court of competent jurisdiction a complaint charging arson, attempted arson, conspiracy to defraud, or any other crime against a person the marshal believes to be guilty.

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Terms Used In Texas Local Government Code 352.015

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The county fire marshal shall file charges under § 352.021 in a court of competent jurisdiction against a witness who refuses to cooperate with the investigation.