89R10113 DNC-F
By: Phelan H.B. No. 4765
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of code enforcement officers and code
enforcement officers in training.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1952.001, Occupations Code, is amended
by amending Subdivisions (2) and (2-a) and adding Subdivision (2-b)
to read as follows:
(2) "Code enforcement officer" means an individual
who:
(A) works for [agent of] this state or a
political subdivision of this state; and
(B) [who] engages in code enforcement.
(2-a) "Code enforcement officer in training" means an
individual who:
(A) works for this state or a political
subdivision of this state; and
(B) engages in code enforcement under the
supervision of a code enforcement officer registered under this
chapter.
(2-b) "Commission" means the Texas Commission of
Licensing and Regulation.
SECTION 2. Section 1952.002, Occupations Code, is amended
to read as follows:
Sec. 1952.002. EXEMPTION FROM REGISTRATION. An individual
[A person] is not required to be registered under this chapter if
the individual [person]:
(1) is required to be licensed or registered under
another law of this state; and
(2) engages in code enforcement under that license or
registration.
SECTION 3. Section 1952.003, Occupations Code, is amended
to read as follows:
Sec. 1952.003. EMPLOYMENT OF REGISTERED INDIVIDUAL
[PERSON] NOT REQUIRED. This state or a political subdivision of
this state may engage in code enforcement without employing an
individual [a person] registered under this chapter, if the
individual who is engaging in code enforcement for the state or
political subdivision is exempt from registration under Section
1952.002.
SECTION 4. Section 1952.101, Occupations Code, is amended
to read as follows:
Sec. 1952.101. REGISTRATION REQUIRED. Except as permitted
by Section 1952.002, an individual [a person] may not claim to be a
code enforcement officer or use the title "code enforcement
officer" unless the individual [person] holds a valid certificate
of registration under this chapter.
SECTION 5. Section 1952.102, Occupations Code, is amended
to read as follows:
Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT
OFFICER. To be eligible to receive a certificate of registration as
a code enforcement officer, an individual [a person] must:
(1) submit an application in the manner and on the form
prescribed by the executive director;
(2) have at least one year of full-time experience in
the field of code enforcement;
(3) pass the examination required by the department;
(4) pay the application fee[, examination, and
registration fees]; and
(5) meet any other requirements prescribed by this
chapter or by commission rule.
SECTION 6. Section 1952.103(c), Occupations Code, is
amended to read as follows:
(c) A code enforcement officer in training may engage in
code enforcement under the supervision of a [registered] code
enforcement officer registered under this chapter.
SECTION 7. Section 1952.104, Occupations Code, is amended
to read as follows:
Sec. 1952.104. RECIPROCAL REGISTRATION. On proper
application, the department shall issue a certificate of
registration to a license holder or registrant of another state
that has requirements for the licensing or registration of a code
enforcement officer that are at least substantially equivalent to
those of this state.
SECTION 8. Section 1952.105(a), Occupations Code, is
amended to read as follows:
(a) A certificate of registration issued under this chapter
expires on the second anniversary of the date of issuance and may be
renewed biennially on proper application, payment of the required
renewal fee, and [on] completion of the continuing education
requirements prescribed by commission rule.
SECTION 9. Section 1952.151(a), Occupations Code, is
amended to read as follows:
(a) The commission or executive director may deny an
individual's [a person's] application for a certificate of
registration if the individual's [person's] certificate or license
to engage in code enforcement or a related profession has been
revoked by another licensing entity in this state or another state
for:
(1) unprofessional conduct;
(2) fraud, deceit, or negligence; or
(3) misconduct in the practice of code enforcement or
a related profession.
SECTION 10. This Act takes effect September 1, 2025.