SB 1376

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
positive
Free Enterprise
negative
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 1376 proposes a targeted amendment to Section 1952.103(c) of the Texas Occupations Code concerning the supervision of code enforcement officers in training. Under current law, these trainees are required to operate under the supervision of a registered code enforcement officer. SB 1376 would create an exception to this rule, allowing a code enforcement officer in training to perform duties without direct supervision if their employer does not also employ a registered officer.

The bill addresses practical challenges faced by smaller municipalities or employers with limited resources, where hiring both a trainee and a registered supervising officer may not be feasible. By eliminating the blanket supervision requirement in such cases, SB 1376 aims to increase flexibility in staffing and expand the pool of eligible individuals who can participate in code enforcement activities.

If passed, this measure would provide local governments and organizations with more autonomy in managing their code enforcement personnel, potentially improving service delivery in under-resourced areas.
Author (1)
Bryan Hughes
Co-Author (2)
Brandon Creighton
Phil King
Sponsor (1)
Gary Vandeaver
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1376 is not expected to have a significant fiscal impact on the State of Texas. The Texas Department of Licensing and Regulation (TDLR), the relevant agency, is anticipated to absorb any administrative or procedural costs related to implementing the bill within its existing resources. No additional appropriations or staffing increases are foreseen as necessary.

For local governments, the bill similarly presents no significant fiscal implications. While SB 1376 allows employers to utilize code enforcement officers in training without requiring supervision under specific conditions, this operational change is not expected to impose new costs or financial burdens on municipalities or local entities. On the contrary, smaller local governments may benefit from staffing flexibility and potential cost savings, as the bill removes the requirement to employ both a trainee and a registered supervisor. Overall, SB 1376 is fiscally neutral and may offer minor efficiency gains, particularly for rural or resource-constrained jurisdictions.

Vote Recommendation Notes

SB 1376 introduces a practical solution to staffing limitations faced by small municipalities and employers in Texas by modifying the supervision requirements for code enforcement officers in training. The bill amends Section 1952.103(c) of the Occupations Code to allow these trainees to work unsupervised if their employer does not have a registered code enforcement officer on staff. This change is designed to improve flexibility, expedite local code enforcement processes, and open up job opportunities in underserved and rural areas.

The author’s intent aligns with core liberty principles—namely, promoting individual liberty and free enterprise by removing regulatory barriers that hinder workforce participation. The bill also supports the principle of limited government by allowing local discretion in supervision requirements rather than enforcing a statewide mandate regardless of context. However, it raises concerns about accountability and consistency in the enforcement of local codes, particularly regarding the protection of private property rights. Without mechanisms for oversight or quality assurance, there's a risk of errors or abuses that could infringe upon residents' rights.

No significant fiscal implications are expected at either the state or local level, which enhances the bill’s appeal from a budgetary standpoint. Still, to ensure accountability and maintain standards in code enforcement, an amendment is recommended. The legislation would benefit from added provisions requiring a periodic review of trainee performance, remote supervision alternatives, or a certification threshold before trainees may work independently. These safeguards would balance the benefits of regulatory flexibility with the need for professionalism and fairness in the enforcement process​.

Texas Policy Research recommends that lawmakers vote YES on SB 1376 while also strongly urging them to consider amending the bill as described above.

  • Individual Liberty: The bill supports individual liberty by reducing barriers to entry for those seeking employment as code enforcement officers. By removing the requirement for direct supervision when a registered officer is not available, the bill allows individuals—especially in rural or underserved communities—to begin working in public service roles more readily. This can empower more Texans to pursue meaningful work without being hindered by staffing limitations beyond their control.
  • Personal Responsibility: The bill presumes a level of competence and trustworthiness in trainees, promoting personal responsibility. Trainees operating without supervision must exercise judgment and integrity in enforcing local codes. However, without structured oversight, the potential for errors or overreach increases, which could undermine the responsible exercise of these duties. An amendment introducing a minimal training certification or oversight checkpoint could better reinforce this principle.
  • Free Enterprise: By creating more flexibility in hiring and staffing, SB 1376 supports the free enterprise principle. Smaller municipalities and private contractors engaged in code enforcement services may benefit from reduced compliance costs and more flexible labor deployment. This may allow markets to function more efficiently, particularly in areas that lack the resources to support fully staffed code enforcement departments.
  • Private Property Rights: This principle is most at risk under the bill. Code enforcement officers directly interact with property owners, often compelling changes to land use, structures, or occupancy under threat of penalties. Allowing trainees to enforce such regulations without the supervision of a certified officer could lead to inconsistent application of laws and encroachments on private property rights. This risk warrants safeguards to ensure trainee decisions are accountable and appealable.
  • Limited Government: The bill aligns with limited government values by removing a state-imposed employment condition in cases where it's impractical. It decentralizes discretion to local employers, assuming they are best positioned to assess staffing and supervision needs. However, care must be taken that this devolution does not result in fragmented or unjust enforcement practices that ultimately expand government interference in residents' lives through improper or inconsistent enforcement actions.
View Bill Text and Status