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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of registration and other regulatory |
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provisions applicable to code enforcement officers and |
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sanitarians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapters 1952 and 1953, Occupations Code, are |
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repealed. |
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SECTION 2. Section 1002.252, Occupations Code, is amended |
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to read as follows: |
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Sec. 1002.252. EXEMPTIONS. The following activities do |
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not require a license under this chapter: |
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(1) geoscientific work performed by an employee or a |
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subordinate of a license holder under this chapter if the work does |
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not include the responsible charge of geoscientific work and is |
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performed under the direct supervision of a licensed geoscientist |
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who is responsible for the work; |
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(2) geoscientific work performed by an officer or |
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employee of the United States practicing solely as such an officer |
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or employee; |
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(3) geoscientific work performed exclusively in |
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exploring for and developing oil, gas, or other energy resources, |
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base metals, or precious or nonprecious minerals, including sand, |
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gravel, or aggregate, if the work is done in and for the benefit of |
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private industry; |
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(4) geoscientific research conducted through an |
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academic institution, local, state, or federal governmental |
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agency, nonprofit research institution, or for-profit |
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organization, including submission of a report on the research to a |
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public agency, unless the work is covered by Section 1002.251(c); |
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(5) teaching geoscience or a related physical or |
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natural science; |
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(6) work customarily performed by a cartographer, |
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technician, or physical or natural scientist, including a |
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geologist, geophysicist, soil scientist, chemist, archaeologist, |
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geographer, or oceanographer, if the work does not include the |
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public practice of geoscience; |
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(7) work performed by an archaeologist, geoscientist, |
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or other person conducting a stratigraphic or historical geological |
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investigation for archaeological purposes; |
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(8) testifying or preparing and presenting an exhibit |
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or document for the sole purpose of being placed in evidence before |
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an administrative or judicial tribunal or hearing if the testimony, |
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exhibit, or document does not imply that the person is licensed |
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under this chapter; |
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(9) the evaluation by a state agency, as defined by |
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Section 2001.003, Government Code, or by a hearing examiner of an |
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exhibit or document offered or placed in evidence before an |
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administrative tribunal; or |
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(10) the determination of the suitability of a site |
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for a specific on-site sewage disposal system by a person who has |
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successfully completed site evaluation training approved by the |
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Texas Commission on Environmental Quality and is: |
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(A) registered by the commission as: |
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(i) an installer, if the commission |
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recognizes only one level of installer; or |
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(ii) the highest level of installer |
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recognized by the commission, if the commission recognizes more |
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than one level of installer; or |
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(B) a designated representative[; or |
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[(C) a registered professional sanitarian]. |
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SECTION 3. Section 46.15(h), Penal Code, is amended to read |
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as follows: |
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(h) The provisions of Section 46.03 prohibiting the |
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possession or carrying of a club do not apply to a code enforcement |
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officer who [: |
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[(1) holds a certificate of registration issued under |
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Chapter 1952, Occupations Code; and |
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[(2)] possesses or carries an instrument used |
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specifically for deterring an animal bite while the officer is: |
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(1) [(A)] performing official duties; or |
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(2) [(B)] traveling to or from a place of duty. |
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SECTION 4. On the effective date of this Act, a certificate |
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of registration issued under a law that is repealed by this Act |
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expires. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, on the effective date of this Act, a pending regulatory |
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action, including a complaint investigation, disciplinary action, |
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or administrative penalty proceeding, of the Texas Department of |
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Licensing and Regulation with respect to a certificate of |
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registration issued under a law repealed by this Act, is |
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terminated. |
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(b) An administrative penalty imposed before the effective |
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date of this Act under a law repealed by this Act may be collected |
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after the effective date of this Act by the Texas Department of |
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Licensing and Regulation in the manner provided by Subchapter F, |
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Chapter 51, Occupations Code. |
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SECTION 6. The repeal of a law by this Act does not entitle a |
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person to a refund of a fee for a certificate of registration paid |
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by the person before the effective date of this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |