HB 4765

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
negative
Individual Liberty
Digest
HB 4765 updates and clarifies the statutory framework governing the registration and regulation of code enforcement officers and code enforcement officers in training under Chapter 1952, Occupations Code. The bill revises definitions to clarify that code enforcement officers and officers in training are individuals employed by the state or a political subdivision who perform code enforcement duties, and it adds a definition for the Texas Commission of Licensing and Regulation. It also updates terminology throughout the chapter to improve consistency and reflect current statutory drafting practices.

The bill clarifies existing registration requirements and exemptions by specifying that individuals already licensed or registered under another Texas law are exempt from Chapter 1952 registration when performing code enforcement under that credential. It also revises eligibility requirements for registration by removing references to separate examination and registration fees, requiring only payment of an application fee while preserving existing experience, examination, and qualification requirements. Additional provisions clarify that officers in training must work under the supervision of a code enforcement officer registered under Chapter 1952 and update reciprocal registration and certificate renewal provisions.

Overall, HB 4765 makes technical, conforming, and administrative revisions to modernize the existing statutory framework governing code enforcement officer registration without substantially changing the underlying regulatory program or expanding the scope of state authority.
Author (1)
Dade Phelan
Sponsor (1)
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4765 is not expected to have a significant fiscal impact on the state government. The LBB estimates that any administrative costs associated with implementing the bill could be absorbed using existing agency resources, and no additional appropriations are anticipated.

The bill primarily makes technical and administrative changes to the regulation of code enforcement officers and code enforcement officers in training, and the LBB does not anticipate that these revisions will require additional staffing, funding, or operational expenditures for the Texas Department of Licensing and Regulation or other state agencies.

The LBB also reports that no significant fiscal implication is anticipated for units of local government. As a result, HB 4765 is expected to have a negligible fiscal impact on both state and local governments.

Vote Recommendation Notes

Although HB 4765 is presented as a technical cleanup measure, it ultimately reinforces and modernizes an existing state occupational licensing system rather than reducing its scope. The bill clarifies definitions, registration requirements, exemptions, reciprocity standards, and renewal procedures, making the regulatory framework more administratively consistent. While these changes may improve implementation, they also strengthen the durability of a state licensing regime that some lawmakers believe should instead be narrowed or eliminated.

From a limited-government perspective, the bill represents a missed opportunity to reduce unnecessary regulation. Rather than shifting authority back to local governments or replacing mandatory state registration with voluntary certification, the legislation maintains the existing framework administered by the Texas Department of Licensing and Regulation. It also preserves state-imposed experience, examination, registration, and continuing education requirements that function as barriers to entry into the profession. Although the bill streamlines certain administrative requirements, it leaves the underlying regulatory structure intact.

The bill likewise does not reduce taxpayer exposure or materially shrink government. While the LBB determined that implementation will have no significant fiscal impact and can be absorbed with existing resources, the absence of new spending does not necessarily advance the goal of limiting government. Instead of eliminating or consolidating regulatory functions, the bill refines and reinforces the existing bureaucracy.

Lawmakers who favor occupational licensing reform, greater local control, and a reduced role for state government may conclude that HB 4765 moves policy in the wrong direction by improving the administration of an existing regulatory program rather than pursuing meaningful deregulation. Under that philosophy, the appropriate position is to oppose the bill and instead pursue legislation that reduces state licensing requirements, returns personnel decisions to local governments, and lowers barriers to entering the profession. As such, Texas Policy Research recommends that lawmakers vote NO on HB 4765.

  • Individual Liberty: The bill preserves and reinforces the state's authority to regulate who may serve as a code enforcement officer. While it does not create new licensing requirements, it modernizes and strengthens the existing occupational licensing framework rather than reducing government restrictions on individuals entering the profession.
  • Personal Responsibility: The bill neither significantly expands nor diminishes personal responsibility. It maintains existing professional qualification standards but does not meaningfully shift responsibility from individuals to government or vice versa.
  • Free Enterprise: By maintaining state licensing, examination, experience, and continuing education requirements, the bill continues government-imposed barriers to entry into the profession. Although it simplifies certain administrative requirements, it does not reduce regulatory burdens or promote greater competition in the marketplace for code enforcement services.
  • Private Property Rights: The bill does not materially affect the ownership, use, or control of private property. It neither expands nor restricts property rights.
  • Limited Government: While the bill does not significantly expand government, it reinforces and improves the administration of an existing state regulatory program instead of reducing its scope. It leaves intact the state's occupational licensing system, preserves centralized oversight through the Texas Department of Licensing and Regulation, and misses an opportunity to return authority to local governments or eliminate unnecessary regulation.

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