1 | 1 | | 89R10113 DNC-F |
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2 | 2 | | By: Phelan H.B. No. 4765 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation of code enforcement officers and code |
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10 | 10 | | enforcement officers in training. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 1952.001, Occupations Code, is amended |
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13 | 13 | | by amending Subdivisions (2) and (2-a) and adding Subdivision (2-b) |
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14 | 14 | | to read as follows: |
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15 | 15 | | (2) "Code enforcement officer" means an individual |
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16 | 16 | | who: |
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17 | 17 | | (A) works for [agent of] this state or a |
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18 | 18 | | political subdivision of this state; and |
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19 | 19 | | (B) [who] engages in code enforcement. |
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20 | 20 | | (2-a) "Code enforcement officer in training" means an |
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21 | 21 | | individual who: |
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22 | 22 | | (A) works for this state or a political |
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23 | 23 | | subdivision of this state; and |
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24 | 24 | | (B) engages in code enforcement under the |
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25 | 25 | | supervision of a code enforcement officer registered under this |
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26 | 26 | | chapter. |
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27 | 27 | | (2-b) "Commission" means the Texas Commission of |
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28 | 28 | | Licensing and Regulation. |
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29 | 29 | | SECTION 2. Section 1952.002, Occupations Code, is amended |
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30 | 30 | | to read as follows: |
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31 | 31 | | Sec. 1952.002. EXEMPTION FROM REGISTRATION. An individual |
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32 | 32 | | [A person] is not required to be registered under this chapter if |
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33 | 33 | | the individual [person]: |
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34 | 34 | | (1) is required to be licensed or registered under |
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35 | 35 | | another law of this state; and |
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36 | 36 | | (2) engages in code enforcement under that license or |
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37 | 37 | | registration. |
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38 | 38 | | SECTION 3. Section 1952.003, Occupations Code, is amended |
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39 | 39 | | to read as follows: |
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40 | 40 | | Sec. 1952.003. EMPLOYMENT OF REGISTERED INDIVIDUAL |
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41 | 41 | | [PERSON] NOT REQUIRED. This state or a political subdivision of |
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42 | 42 | | this state may engage in code enforcement without employing an |
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43 | 43 | | individual [a person] registered under this chapter, if the |
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44 | 44 | | individual who is engaging in code enforcement for the state or |
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45 | 45 | | political subdivision is exempt from registration under Section |
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46 | 46 | | 1952.002. |
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47 | 47 | | SECTION 4. Section 1952.101, Occupations Code, is amended |
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48 | 48 | | to read as follows: |
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49 | 49 | | Sec. 1952.101. REGISTRATION REQUIRED. Except as permitted |
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50 | 50 | | by Section 1952.002, an individual [a person] may not claim to be a |
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51 | 51 | | code enforcement officer or use the title "code enforcement |
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52 | 52 | | officer" unless the individual [person] holds a valid certificate |
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53 | 53 | | of registration under this chapter. |
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54 | 54 | | SECTION 5. Section 1952.102, Occupations Code, is amended |
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55 | 55 | | to read as follows: |
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56 | 56 | | Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT |
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57 | 57 | | OFFICER. To be eligible to receive a certificate of registration as |
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58 | 58 | | a code enforcement officer, an individual [a person] must: |
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59 | 59 | | (1) submit an application in the manner and on the form |
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60 | 60 | | prescribed by the executive director; |
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61 | 61 | | (2) have at least one year of full-time experience in |
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62 | 62 | | the field of code enforcement; |
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63 | 63 | | (3) pass the examination required by the department; |
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64 | 64 | | (4) pay the application fee[, examination, and |
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65 | 65 | | registration fees]; and |
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66 | 66 | | (5) meet any other requirements prescribed by this |
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67 | 67 | | chapter or by commission rule. |
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68 | 68 | | SECTION 6. Section 1952.103(c), Occupations Code, is |
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69 | 69 | | amended to read as follows: |
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70 | 70 | | (c) A code enforcement officer in training may engage in |
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71 | 71 | | code enforcement under the supervision of a [registered] code |
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72 | 72 | | enforcement officer registered under this chapter. |
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73 | 73 | | SECTION 7. Section 1952.104, Occupations Code, is amended |
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74 | 74 | | to read as follows: |
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75 | 75 | | Sec. 1952.104. RECIPROCAL REGISTRATION. On proper |
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76 | 76 | | application, the department shall issue a certificate of |
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77 | 77 | | registration to a license holder or registrant of another state |
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78 | 78 | | that has requirements for the licensing or registration of a code |
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79 | 79 | | enforcement officer that are at least substantially equivalent to |
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80 | 80 | | those of this state. |
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81 | 81 | | SECTION 8. Section 1952.105(a), Occupations Code, is |
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82 | 82 | | amended to read as follows: |
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83 | 83 | | (a) A certificate of registration issued under this chapter |
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84 | 84 | | expires on the second anniversary of the date of issuance and may be |
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85 | 85 | | renewed biennially on proper application, payment of the required |
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86 | 86 | | renewal fee, and [on] completion of the continuing education |
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87 | 87 | | requirements prescribed by commission rule. |
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88 | 88 | | SECTION 9. Section 1952.151(a), Occupations Code, is |
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89 | 89 | | amended to read as follows: |
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90 | 90 | | (a) The commission or executive director may deny an |
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91 | 91 | | individual's [a person's] application for a certificate of |
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92 | 92 | | registration if the individual's [person's] certificate or license |
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93 | 93 | | to engage in code enforcement or a related profession has been |
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94 | 94 | | revoked by another licensing entity in this state or another state |
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95 | 95 | | for: |
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96 | 96 | | (1) unprofessional conduct; |
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97 | 97 | | (2) fraud, deceit, or negligence; or |
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98 | 98 | | (3) misconduct in the practice of code enforcement or |
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99 | 99 | | a related profession. |
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100 | 100 | | SECTION 10. This Act takes effect September 1, 2025. |
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