BILL ANALYSIS

H.B. 4765

By: Phelan

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the regulation of code enforcement officers currently lacks clarity in statutory definitions, registration requirements, and oversight, creating inconsistencies in enforcement practices across Texas. H.B. 4765 seeks to update statutory language to strengthen regulatory authority and ensure uniform standards for individuals engaged in code enforcement.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4765 amends the Occupations Code to condition the authority of the state or a political subdivision of the state to engage in code enforcement without employing a code enforcement officer who is registered under applicable state law on the individual who is engaging in such authorized enforcement being exempt from registration as a code enforcement officer under that applicable state law because the individual is required to be licensed or registered under another state law and engages in code enforcement under that license or registration. In addition, the bill does the following:

· replaces references to a "person" with references to an "individual" in the applicable state law governing the registration of code enforcement officers;

· defines "code enforcement officer in training" as an individual who works for the state or a political subdivision of the state and engages in code enforcement under the supervision of a code enforcement officer registered under applicable state law governing such registration;

· with respect to the prohibition against an individual claiming to be a code enforcement officer or using the title "code enforcement officer" unless the individual holds a certificate of registration under applicable state law governing such registration, specifies that such a certificate must be a valid certificate;

· removes the requirement that an individual must pay examination and registration fees to be eligible to receive a certificate of registration as a code enforcement officer;

· with respect to the provision requiring the Texas Department of Licensing and Regulation to issue a certificate of registration to a license holder or registrant of another state if that state's requirements for the licensing or registration are at least equivalent to those of Texas, specifies that those requirements instead must be substantially equivalent; and

· clarifies that biennial renewal of a certificate of registration is not only on payment of the required renewal fee and completion of continuing education requirements prescribed by Texas Commission of Licensing and Regulation rule, as provided under current law, but is also on proper application.

EFFECTIVE DATE

September 1, 2025.