Adopted Repeal of Duplicate Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Code Enforcement Officers
16 TAC Chapter 146, repeal §§146.1 - 146.20

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code, Chapter 146, §§146.1 - 146.20, regarding the Code Enforcement Officers program, as noticed in the February 2, 2018, issue of the Texas Register (43 TexReg 509). The rules will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Commission and the Texas Department of Licensing and Regulation (Department).

On August 18, 2017, the Commission adopted its own set of rules for the Code Enforcement Officers program located at 16 TAC Chapter 62. The Commission’s rules were effective November 1, 2017. (42 TexReg 4615). The Department officially commenced all regulatory functions for the Code Enforcement Officers program on November 1, 2017.

The current 16 TAC Chapter 146 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 140, Subchapter D. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of §§146.1-146.20 eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Code Enforcement Officers program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the February 2, 2018, issue of the Texas Register (43 TexReg 509). The deadline for public comment was March 5, 2018. The Department received one comment during the 30-day public comment period. The public comment received is summarized below.

Comment--The commenter supports the repeal and expressed gratitude for the Department following through with the transition of the Code Enforcement Officers program.

Department Response --The Department appreciates this comment. The Department did not make any changes to the proposed repeal in response to this comment.

At its meeting held on March 27, 2018, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 1952, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1952. No other statutes, articles, or codes are affected by the adoption.

[ §146.1 Purpose and Scope. ]

[ §146.2 Definitions. ]

[ §146.3 Fees. ]

[ §146.4 Application Procedures. ]

[ §146.5 Registration Qualification Requirements. ]

[ §146.6 Educational Requirements. ]

[ §146.7 Examinations. ]

[ §146.8 Determination of Eligibility. ]

[ §146.9 Code Enforcement Officer in Training. ]

[ §146.10 Code Enforcement Officer Registration. ]

[ §146.11 Code Enforcement Registration Renewal. ]

[ §146.12 Grounds for Suspension or Revocation. ]

[ §146.13 Registration of Persons with Criminal Backgrounds. ]

[ §146.14 Violations, Complaints, Investigations, and Disciplinary Actions. ]

[ §146.15 Processing Applications. ]

[ §146.16 Exemptions. ]

[ §146.17 Advertising. ]

[ §146.18 Continuing Education. ]

[ §146.19 Request for Criminal History Evaluation Letter. ]

[ §146.20 Registration of Military Service Members, Military Veterans, and Military Spouses. ]

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on April 5, 2018.


Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation