Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,104
3077-3422 p. ; 28 cm.View a full description of this periodical.
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operation and provision of health and human services by the
department and for the administration of Health and Safety
Code, Chapter 1001.
The proposed rules affect the Occupations Code, Chapter 1952;
Government Code, Chapter 531; and Health and Safety Code,
Chapter 1001.
140.150. Purpose and Scope.
(a) Purpose. These sections are intended to implement a pro-
gram for the registration of code enforcement officers under the author-
ity of the Department of State Health Services.
(b) Scope. These sections cover definitions; the advisory com-
mittee; fees; application procedures; registration qualification require-
ments; educational requirements; examinations; determination of eligi-
bility; registration and registration renewal; grounds for suspension or
revocation; registration of persons with criminal backgrounds; viola-
tions, complaints, investigations, and disciplinary actions; processing
applications; exemptions; advertising; and continuing education.
140.151. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Act--Occupations Code, Chapter 1952, concerning the
registration of code enforcement officers.
(2) Applicant--A person who applies for registration under
the Act.
(3) Code enforcement--The inspection, improvement, and
rehabilitation of environmental hazards in public and private premises
by determining the presence of fire or health hazards, nuisance viola-
tions, unsafe building conditions, and violations of any fire, health, or
building regulation, statute, or ordinance.
(4) Code enforcement officer--An agent of this state or a
political subdivision of this state who engages in code enforcement.
This term does not include an agent of an agency of the federal gov-
ernment.
(5) Department--The Department of State Health Services.
(6) Executive Commissioner--The Executive Commis-
sioner of the Health and Human Services Commission.
(7) Full-time experience--Employment, self-employment,
or independent contracting in the field of code enforcement where the
regularly assigned duties included code enforcement and the experi-
ence was for not less than 32 hours per week.
(8) Registrant--A person registered under the Act.
(9) Registration--The procedure by which the department
accepts, processes, and approves applications for registration of a per-
son, and as a part thereof, includes the furnishing and replacement or
duplication of certificates and identification cards.
140.152. Code Enforcement Officers' Advisory Committee.
(a) The committee. An advisory committee shall be appointed
under and governed by this section.
(1) The name of the advisory committee shall be the Code
Enforcement Officers' Advisory Committee (committee).
(2) The committee is established under the Health and
Safety Code, 11.016, which allows the Executive Commissioner
of the Health and Human Services Commission to appoint advisory
committees as needed.(b) Applicable law. The committee is subject to the Govern-
ment Code, Chapter 2110, concerning state agency advisory commit-
tees.
(c) Purpose. The purpose of the committee is to recommend
rules and examinations for the approval of the Executive Commissioner
of the Health and Human Services Commission in the area of rules
regarding code enforcement officers.
(d) Tasks.
(1) The committee shall advise the Executive Commis-
sioner of the Health and Human Services Commission concerning
rules relating to registered code enforcement officers.
(2) The committee shall advise the Executive Commis-
sioner of the Health and Human Services Commission concerning the
registration of code enforcement officers.
(3) The committee shall carry out any other tasks given to
the committee by the Executive Commissioner of the Health and Hu-
man Services Commission.
(e) Review and duration. By September 1, 2011, the Executive
Commissioner of the Health and Human Services Commission will ini-
tiate and complete a review of the committee to determine whether the
committee should be continued, consolidated with another committee,
or abolished. If the committee is not continued or consolidated, the
committee shall be abolished on that date.
(f) Composition. The committee shall be composed of seven
members appointed by the Executive Commissioner of the Health and
Human Services Commission. The composition of the committee shall
include:
(1) three registered code enforcement officers;
(2) one structural engineer or licensed architect;
(3) two consumers, one of which must be a certified build-
ing official; and
(4) one person involved in the education and training of
code enforcement officers.
(g) Terms of office. The term of office of each member shall
be six years. Members shall serve after expiration of their term until a
replacement is appointed.
(1) Members shall be appointed for staggered terms so that
the terms of a substantial equivalent number of members will expire on
December 31st of each odd-numbered year.
(2) If a vacancy occurs, a person shall be appointed to serve
the unexpired portion of that term.
(h) Officers. The committee shall select from the committee
members the presiding officer and an assistant presiding officer to begin
serving on September 1 of each odd-numbered year.
(1) Each officer shall serve until August 31 of each odd-
numbered year. Each officer may hold over until a replacement is se-
lected.
(2) The presiding officer shall preside at all committee
meetings at which the presiding officer is in attendance, call meet-
ings in accordance with this section, appoint subcommittees of the
committee as necessary, and cause proper reports to be made to the
Executive Commissioner of the Health and Human Services Commis-
sion. The presiding officer may serve as an ex-officio member of any
subcommittee of the committee.32 TexReg 3104 June 8, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/27/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.