2005 Texas Occupations Code CHAPTER 1952. CODE ENFORCEMENT OFFICERS

OCCUPATIONS CODE

CHAPTER 1952. CODE ENFORCEMENT OFFICERS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.           

SUBCHAPTER B. BOARD POWERS AND DUTIES


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 1079, § 1, eff. Sept. 1, 
2003.


	§ 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, § 4, eff. June 1, 2003.           


	§ 1952.054. RECORD OF PROCEEDINGS.  The department shall 
keep a record of proceedings under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           

SUBCHAPTER C. REGISTRATION REQUIREMENTS


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.452(a), eff. 
Sept. 1, 2003.


	§ 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, § 14A.453(a), eff. Sept. 
1, 2003.


	§ 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, § 4, eff. June 1, 2003.           

SUBCHAPTER D. CERTIFICATE DENIAL AND DISCIPLINARY ACTION


	§ 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, § 4, eff. June 1, 2003.           


	§ 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, § 4, eff. June 1, 2003.           

SUBCHAPTER E. PENALTIES


	§ 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, § 4, eff. June 1, 2003.           

SUBCHAPTER F. ADMINISTRATIVE PENALTY


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.          


	§ 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, § 25, eff. Sept. 1, 2003.