2009 Texas Code
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY
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.