CHAPTER 1952. CODE ENFORCEMENT OFFICERS
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND
SAFETY
SUBTITLE B. PRACTICES RELATED TO HEALTH AND SAFETY
CHAPTER 1952. CODE ENFORCEMENT OFFICERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1952.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Code enforcement" means the inspection of public or private
premises for the purpose of:
(A) identifying environmental hazards, including:
(i) fire or health hazards;
(ii) nuisance violations;
(iii) unsafe building conditions; and
(iv) violations of any fire, health, or building regulation,
statute, or ordinance; and
(B) improving and rehabilitating those premises with regard to
those hazards.
(3) "Code enforcement officer" means an agent of this state or a
political subdivision of this state who engages in code
enforcement.
(4) "Department" means the Texas Department of Health.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.002. EXEMPTION FROM REGISTRATION. A person is not
required to be registered under this chapter if the 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.003. EMPLOYMENT OF REGISTERED PERSON NOT REQUIRED.
This state or a political subdivision of this state may engage in
code enforcement without employing a person registered under this
chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER B. BOARD POWERS AND DUTIES
Sec. 1952.051. RULES. The board by rule shall:
(1) adopt standards and education requirements consistent with
those established under Chapter 654, Government Code, for the
registration of:
(A) code enforcement officers; and
(B) code enforcement officers in training; and
(2) prescribe application forms for original and renewal
certificates of registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.052. FEES. The board shall set fees in amounts that
are reasonable and necessary to cover the cost of administering
this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1079, Sec. 1, eff.
Sept. 1, 2003.
Sec. 1952.053. REGISTER OF APPLICATIONS. (a) The department
shall maintain a register of each application for a certificate
of registration under this chapter.
(b) The register must include:
(1) the name, residence, date of birth, and social security
number of the applicant;
(2) the name and address of the employer or business of the
applicant;
(3) the date of the application;
(4) the education and experience qualifications of the
applicant;
(5) the action taken by the department regarding the application
and the date of the action;
(6) the serial number of any certificate of registration issued
to the applicant; and
(7) any other information required by board rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.054. RECORD OF PROCEEDINGS. The department shall keep
a record of proceedings under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER C. REGISTRATION REQUIREMENTS
Sec. 1952.101. REGISTRATION REQUIRED. Except as permitted by
Section 1952.002, a person may not claim to be a code enforcement
officer or use the title "code enforcement officer" unless the
person holds a certificate of registration under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT
OFFICER. To be eligible to receive a certificate of registration
as a code enforcement officer, a person must:
(1) have at least one year of full-time experience in the field
of code enforcement;
(2) pass the examination conducted by the department or the
department's designee;
(3) pay the application, examination, and registration fees; and
(4) meet any other requirements prescribed by this chapter or by
board rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.103. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT
OFFICER IN TRAINING. (a) An applicant for a certificate of
registration under this chapter who has less than one year of
full-time experience in code enforcement is entitled to receive a
certificate of registration as a code enforcement officer in
training on:
(1) passing the examination described by Section 1952.102(2);
and
(2) paying the required fees.
(b) A certificate issued under this section expires on the first
anniversary of the date of issuance.
(c) A code enforcement officer in training may engage in code
enforcement under the supervision of a registered code
enforcement officer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
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 equivalent to those of this
state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.105. RENEWAL OR REINSTATEMENT OF CERTIFICATE. (a) A
certificate of registration issued under this chapter expires on
the first anniversary of the date of issuance and may be renewed
annually on payment of the required renewal fee and on completion
of the annual continuing education requirements prescribed by the
board.
(b) The department may reinstate as provided by board rule a
certificate of registration that was revoked for failure to pay
the renewal fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.452(a),
eff. Sept. 1, 2003.
Sec. 1952.1051. CONTINUING EDUCATION. The board by rule shall
prescribe annual continuing education requirements for code
enforcement officers and code enforcement officers in training
that:
(1) establish the number of hours of continuing education
required for renewal of a certificate of registration;
(2) establish an approved curriculum that includes material
regarding changes in applicable law; and
(3) provide that the approved curriculum may be taught by
suitable public agencies and by private entities approved by the
department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.453(a), eff.
Sept. 1, 2003.
Sec. 1952.106. STATEWIDE VALIDITY OF CERTIFICATE;
NONTRANSFERABILITY. (a) A certificate of registration issued
under this chapter is valid throughout this state.
(b) A certificate of registration issued under this chapter is
not assignable or transferable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER D. CERTIFICATE DENIAL AND DISCIPLINARY ACTION
Sec. 1952.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. (a)
The department may deny a person's application for a certificate
of registration if the 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.
(b) The department shall suspend or revoke a certificate of
registration issued under this chapter if the department
determines that the certificate holder:
(1) engaged in fraud or deceit in obtaining a certificate; or
(2) is grossly negligent, incompetent, or guilty of misconduct
in the practice of code enforcement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1952.152. PROCEDURE. The denial, suspension, or revocation
of a certificate of registration under this chapter is governed
by:
(1) the board's rules for a contested case hearing; and
(2) Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER E. PENALTIES
Sec. 1952.201. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates Section 1952.101.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER F. ADMINISTRATIVE PENALTY
Sec. 1952.251. IMPOSITION OF ADMINISTRATIVE PENALTY. The
department may impose an administrative penalty on a person
registered under this chapter who violates this chapter or a rule
or order adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.252. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
amount of the administrative penalty may not be less than $50 or
more than $5,000 for each violation. Each day a violation
continues or occurs is a separate violation for the purpose of
imposing a penalty.
(b) The amount shall be based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.253. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)
If the commissioner of public health or the commissioner's
designee determines that a violation occurred, the commissioner
or the designee may issue to the department a report stating:
(1) the facts on which the determination is based; and
(2) the commissioner's or the designee's recommendation on the
imposition of an administrative penalty, including a
recommendation on the amount of the penalty.
(b) Within 14 days after the date the report is issued, the
commissioner of public health or the commissioner's designee
shall give written notice of the report to the person. The notice
must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended administrative penalty;
and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.254. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Within 10 days after the date the person receives the notice, the
person in writing may:
(1) accept the determination and recommended administrative
penalty of the commissioner of public health or the
commissioner's designee; or
(2) make a request for a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the commissioner of public health or the
commissioner's designee, the department by order shall approve
the determination and impose the recommended penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.255. HEARING. (a) If the person requests a hearing
or fails to respond in a timely manner to the notice, the
commissioner of public health or the commissioner's designee
shall set a hearing and give written notice of the hearing to the
person.
(b) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing.
(c) The administrative law judge shall make findings of fact and
conclusions of law and promptly issue to the department a
proposal for a decision about the occurrence of the violation and
the amount of a proposed administrative penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.256. DECISION BY DEPARTMENT. (a) Based on the
findings of fact, conclusions of law, and proposal for decision,
the department by order may determine that:
(1) a violation occurred and impose an administrative penalty;
or
(2) a violation did not occur.
(b) The notice of the department's order given to the person
must include a statement of the right of the person to judicial
review of the order.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.257. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)
Within 30 days after the date the department's order becomes
final, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving the court a supersedeas bond approved by the court
that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review of the department's
order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the commissioner of public
health or the commissioner's designee by certified mail.
(c) If the commissioner of public health or the commissioner's
designee receives a copy of an affidavit under Subsection (b)(2),
the commissioner or the designee may file with the court, within
five days after the date the copy is received, a contest to the
affidavit.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.258. COLLECTION OF PENALTY. (a) If the person does
not pay the administrative penalty and the enforcement of the
penalty is not stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.259. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court
may uphold or reduce the amount of the administrative penalty and
order the person to pay the full or reduced amount of the
penalty.
(b) If the court does not sustain the finding that a violation
occurred, the court shall order that a penalty is not owed.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.260. REMITTANCE OF PENALTY AND INTEREST. (a) If the
person paid the administrative penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
person.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on the
date the penalty is paid and ending on the date the penalty is
remitted.
(d) If the person gave a supersedeas bond and the penalty is not
upheld by the court, the court shall order, when the court's
judgment becomes final, the release of the bond.
(e) If the person gave a supersedeas bond and the amount of the
penalty is reduced, the court shall order the release of the bond
after the person pays the reduced amount.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.
Sec. 1952.261. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter is a contested case under Chapter 2001,
Government Code.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 25, eff. Sept. 1,
2003.