TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 62. CODE ENFORCEMENT OFFICERS

16 TAC §62.20, §62.80

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 62, §62.20 and §62.80, regarding the Code Enforcement Officers program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 62 implement Texas Occupations Code, Chapter 1952, Code Enforcement Officers.

The proposed rules are necessary to amend the registration term for a Code Enforcement Officer in Training who upgrades to a Code Enforcement Officer from the remainder of the training registration to a full two-year registration from the date of issuance of the upgrade. The proposed amendment eliminates the need for the newly upgraded Code Enforcement Officer to then have to renew the new registration, sometimes within days of the upgrade, when the initial one-year registration expires.

The proposed amendment also combines the upgrade and renewal of the Code Enforcement Officer registration, resulting in the elimination of a second application having to be filed and processed so soon after the upgrade.

The proposed rules were presented to and discussed by the Code Enforcement Officers Advisory Committee (Advisory Committee) at its meeting on September 1, 2021. The Advisory Committee did not make any changes to the proposed rules. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §62.20, Registration Requirements--Applicant and Experience Requirements. The proposed rules amend subsection (c) to improve readability through the use of the plain talk guidelines. The proposed rules also provide a two-year registration term from the date of issuance to be consistent with the Code Enforcement Officer registration term.

The proposed rules amend §62.80, Fees. The proposed rules amend subsection (d) to include the renewal fee into the upgrade process.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state governments.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of local governments.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be that the proposed rules eliminate a Code Enforcement Officer in Training having to submit a Code Enforcement Officer renewal application in a short period of time after submitting an upgrade application, removing the impediment to becoming a registered Code Enforcement Officer of additional paperwork, fee payment, and processing time.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do expand, limit, or repeal an existing regulation. The proposed changes expand the rules to now require the agency to issue a two-year registration when an upgrade applicant for a Code Enforcement Officer registration is approved by the agency, instead of the new registration only lasting through the end of the Code Enforcement Officer in Training registration term.

Although the proposed rules increase the upgrade fee to $100 from $25, the resulting issuance of a two-year Code Enforcement Officer registration eliminates the need for an almost immediate renewal, with a fee of $75. The net result of fees paid is zero.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 1952, which authorize the Texas Commission of Licensing and Regulation, 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 proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 1952. No other statutes, articles, or codes are affected by the proposed rules.

§62.20.Registration Requirements--Applicant and Experience Requirements.

(a) - (b) (No change.)

(c) A registered code enforcement officer in training who has obtained the experience necessary to qualify as a code enforcement officer may file an application to upgrade a registration to that of code enforcement officer. Upon payment of the required fee and approval by the department, the applicant must [shall] be granted registration as a code enforcement officer for a term of two years from the date of issuance.

(d) - (e) (No change.)

§62.80.Fees.

(a) - (c) (No change.)

(d) The fee to upgrade a registration from code enforcement officer in training to code enforcement officer pursuant to 16 TAC §62.20(c)--$100 [$25] .

(e) - (h) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 13, 2021.

TRD-202103608

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: October 24, 2021

For further information, please call: (512) 475-4879