Texas 2023 - 88th Regular

Texas House Bill HB3746 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13081 MAW-F
2	2	By: Goldman H.B. No. 3746
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of registration and other regulatory
8	8	provisions applicable to code enforcement officers and
9	9	sanitarians.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapters 1952 and 1953, Occupations Code, are
12	12	repealed.
13	13	SECTION 2. Section 1002.252, Occupations Code, is amended
14	14	to read as follows:
15	15	Sec. 1002.252. EXEMPTIONS. The following activities do
16	16	not require a license under this chapter:
17	17	(1) geoscientific work performed by an employee or a
18	18	subordinate of a license holder under this chapter if the work does
19	19	not include the responsible charge of geoscientific work and is
20	20	performed under the direct supervision of a licensed geoscientist
21	21	who is responsible for the work;
22	22	(2) geoscientific work performed by an officer or
23	23	employee of the United States practicing solely as such an officer
24	24	or employee;
25	25	(3) geoscientific work performed exclusively in
26	26	exploring for and developing oil, gas, or other energy resources,
27	27	base metals, or precious or nonprecious minerals, including sand,
28	28	gravel, or aggregate, if the work is done in and for the benefit of
29	29	private industry;
30	30	(4) geoscientific research conducted through an
31	31	academic institution, local, state, or federal governmental
32	32	agency, nonprofit research institution, or for-profit
33	33	organization, including submission of a report on the research to a
34	34	public agency, unless the work is covered by Section 1002.251(c);
35	35	(5) teaching geoscience or a related physical or
36	36	natural science;
37	37	(6) work customarily performed by a cartographer,
38	38	technician, or physical or natural scientist, including a
39	39	geologist, geophysicist, soil scientist, chemist, archaeologist,
40	40	geographer, or oceanographer, if the work does not include the
41	41	public practice of geoscience;
42	42	(7) work performed by an archaeologist, geoscientist,
43	43	or other person conducting a stratigraphic or historical geological
44	44	investigation for archaeological purposes;
45	45	(8) testifying or preparing and presenting an exhibit
46	46	or document for the sole purpose of being placed in evidence before
47	47	an administrative or judicial tribunal or hearing if the testimony,
48	48	exhibit, or document does not imply that the person is licensed
49	49	under this chapter;
50	50	(9) the evaluation by a state agency, as defined by
51	51	Section 2001.003, Government Code, or by a hearing examiner of an
52	52	exhibit or document offered or placed in evidence before an
53	53	administrative tribunal; or
54	54	(10) the determination of the suitability of a site
55	55	for a specific on-site sewage disposal system by a person who has
56	56	successfully completed site evaluation training approved by the
57	57	Texas Commission on Environmental Quality and is:
58	58	(A) registered by the commission as:
59	59	(i) an installer, if the commission
60	60	recognizes only one level of installer; or
61	61	(ii) the highest level of installer
62	62	recognized by the commission, if the commission recognizes more
63	63	than one level of installer; or
64	64	(B) a designated representative[; or
65	65	[(C) a registered professional sanitarian].
66	66	SECTION 3. Section 46.15(h), Penal Code, is amended to read
67	67	as follows:
68	68	(h) The provisions of Section 46.03 prohibiting the
69	69	possession or carrying of a club do not apply to a code enforcement
70	70	officer who [:
71	71	[(1) holds a certificate of registration issued under
72	72	Chapter 1952, Occupations Code; and
73	73	[(2)] possesses or carries an instrument used
74	74	specifically for deterring an animal bite while the officer is:
75	75	(1) [(A)] performing official duties; or
76	76	(2) [(B)] traveling to or from a place of duty.
77	77	SECTION 4. On the effective date of this Act, a certificate
78	78	of registration issued under a law that is repealed by this Act
79	79	expires.
80	80	SECTION 5. (a) Except as provided by Subsection (b) of this
81	81	section, on the effective date of this Act, a pending regulatory
82	82	action, including a complaint investigation, disciplinary action,
83	83	or administrative penalty proceeding, of the Texas Department of
84	84	Licensing and Regulation with respect to a certificate of
85	85	registration issued under a law repealed by this Act, is
86	86	terminated.
87	87	(b) An administrative penalty imposed before the effective
88	88	date of this Act under a law repealed by this Act may be collected
89	89	after the effective date of this Act by the Texas Department of
90	90	Licensing and Regulation in the manner provided by Subchapter F,
91	91	Chapter 51, Occupations Code.
92	92	SECTION 6. The repeal of a law by this Act does not entitle a
93	93	person to a refund of a fee for a certificate of registration paid
94	94	by the person before the effective date of this Act.
95	95	SECTION 7. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2023.