Texas Code Enforcement Officer
Exam |Questions with Correct Answers
How may a potential juror be excused from serving? - ✔️✔️When composing a venire, that
potential juror is found not to speak, read, or write the English language.
Council-Manager - ✔️✔️form of government was officially adopted in the year of 1912 in
Sumpter, South Carolina and in the year of 1914 in Dayton, Ohio. / Citizens elect the council
members and mayor, the council selects a city manager.
Affiant - ✔️✔️The person who makes (signs) and subscribes an affidavit.
Affidavit - ✔️✔️A voluntary, written, or printed declaration of facts, confirmed by oath of the
party making it before a person with authority to administer the oath.
Real Property - ✔️✔️Land, buildings, and whatever is attached or affixed to the land; generally
synonymous with the words "real estate."
Preemption - ✔️✔️The judicial principle asserting the supremacy of federal over state legislation
on the same subject.
Constitutional rights - ✔️✔️are the most important legal rights that one can have, and these rights
can only be altered by constitutional amendment.
The 10th Amendment - ✔️✔️reserves all powers not granted to the federal government to the
states.
Mayor-Council - ✔️✔️Council members elected at large or by district. Mayor elected at large.
Strong Mayor - no vote power but runs city. Weak Mayor - vote power and requires rest of
council authority to do things.
Commission (form) - ✔️✔️Galveston, Texas first officially adopted this form in 1901 making it
the first city of any size in the United States to try this form of local government. Power shared
equally between commissioners. Now less than 3% of cities in the US use this form.
Compare Municipality structure to Corporate structure - ✔️✔️CEO - City Manager / CFO - Asst
City Manager or City Secretary / President - Mayor / Vice President - Mayor Pro Term / Board
of Directors - Council / Manager - Manager or Dept Heads / Employees - Us / Consumers -
Citizens, Taxpayers, Residents
The two forms of municipalities - ✔️✔️Home Rule and General Law
, Provides both general and home rule to all cities to adopt the ordinances necessary to carry out
the power granted to municipalities - ✔️✔️Section 54.001 of the Texas Local Government Code
Federal Court Appeal - ✔️✔️may be made to only one of the thirteen circuit courts of appeals.
Texas is in the jurisdiction of the Fifth Circuit Court of Appeals, located in New Orleans,
Louisiana. Only avenue beyond is the Supreme Court.
Probable Cause - ✔️✔️evidence sufficient to warrant an arrest or search and seizure. "Reason to
Believe"
Unreasonable Search - ✔️✔️if it takes place without issuing a warrant.
Camara vs. Municipal Court of San Francisco - ✔️✔️a warrant is required to make routine
annual inspections of residential structures, and an occupant who refuses to give consent cannot
be prosecuted for violation of a law requiring obedience to the orders of municipal officials.
Occupants - ✔️✔️person giving consent to a search must have "equal rights" to the area being
searched.
Trespassers - ✔️✔️may also occupy buildings without a lease (or any other kind of authority.)
Still obtain permission before entering. Both the owner and the trespasser have a reasonable
expectation of privacy.
"in plain view" doctrine - ✔️✔️exception to the 4th Amendment's warrant requirements. If an
inspector observes a violation while in a public way where the inspector is legally entitled to
be, no violation of the 4th Amendments can result. Observable from a place where any member
of the public may be, the privacy interest of the owner considered insubstantial, therefore no
warrant is required.
Michigan vs. Tyler - ✔️✔️During a fire and immediately after a file no search warrant needed.
Longer time period after, search warrant needed and case of arson was appealed. Returning to
structure short time period after if, for some reason, such as darkness or smoke, the
determination could not be immediately made.
TPIA - ✔️✔️Texas Public Information Act
Public Information - ✔️✔️information that is collected, assembled, or maintained under a law or
ordinance or in connection with the transaction of official business: by a governmental body; or
for a governmental body and the governmental body owns the information or has a right of
access to it.
The field of code enforcement - ✔️✔️is deeply rooted in systematic growth, improvement,
rehabilitation, safety, health, general welfare, planning, and economical development of every
municipality, town, village, square, or county.
Exam |Questions with Correct Answers
How may a potential juror be excused from serving? - ✔️✔️When composing a venire, that
potential juror is found not to speak, read, or write the English language.
Council-Manager - ✔️✔️form of government was officially adopted in the year of 1912 in
Sumpter, South Carolina and in the year of 1914 in Dayton, Ohio. / Citizens elect the council
members and mayor, the council selects a city manager.
Affiant - ✔️✔️The person who makes (signs) and subscribes an affidavit.
Affidavit - ✔️✔️A voluntary, written, or printed declaration of facts, confirmed by oath of the
party making it before a person with authority to administer the oath.
Real Property - ✔️✔️Land, buildings, and whatever is attached or affixed to the land; generally
synonymous with the words "real estate."
Preemption - ✔️✔️The judicial principle asserting the supremacy of federal over state legislation
on the same subject.
Constitutional rights - ✔️✔️are the most important legal rights that one can have, and these rights
can only be altered by constitutional amendment.
The 10th Amendment - ✔️✔️reserves all powers not granted to the federal government to the
states.
Mayor-Council - ✔️✔️Council members elected at large or by district. Mayor elected at large.
Strong Mayor - no vote power but runs city. Weak Mayor - vote power and requires rest of
council authority to do things.
Commission (form) - ✔️✔️Galveston, Texas first officially adopted this form in 1901 making it
the first city of any size in the United States to try this form of local government. Power shared
equally between commissioners. Now less than 3% of cities in the US use this form.
Compare Municipality structure to Corporate structure - ✔️✔️CEO - City Manager / CFO - Asst
City Manager or City Secretary / President - Mayor / Vice President - Mayor Pro Term / Board
of Directors - Council / Manager - Manager or Dept Heads / Employees - Us / Consumers -
Citizens, Taxpayers, Residents
The two forms of municipalities - ✔️✔️Home Rule and General Law
, Provides both general and home rule to all cities to adopt the ordinances necessary to carry out
the power granted to municipalities - ✔️✔️Section 54.001 of the Texas Local Government Code
Federal Court Appeal - ✔️✔️may be made to only one of the thirteen circuit courts of appeals.
Texas is in the jurisdiction of the Fifth Circuit Court of Appeals, located in New Orleans,
Louisiana. Only avenue beyond is the Supreme Court.
Probable Cause - ✔️✔️evidence sufficient to warrant an arrest or search and seizure. "Reason to
Believe"
Unreasonable Search - ✔️✔️if it takes place without issuing a warrant.
Camara vs. Municipal Court of San Francisco - ✔️✔️a warrant is required to make routine
annual inspections of residential structures, and an occupant who refuses to give consent cannot
be prosecuted for violation of a law requiring obedience to the orders of municipal officials.
Occupants - ✔️✔️person giving consent to a search must have "equal rights" to the area being
searched.
Trespassers - ✔️✔️may also occupy buildings without a lease (or any other kind of authority.)
Still obtain permission before entering. Both the owner and the trespasser have a reasonable
expectation of privacy.
"in plain view" doctrine - ✔️✔️exception to the 4th Amendment's warrant requirements. If an
inspector observes a violation while in a public way where the inspector is legally entitled to
be, no violation of the 4th Amendments can result. Observable from a place where any member
of the public may be, the privacy interest of the owner considered insubstantial, therefore no
warrant is required.
Michigan vs. Tyler - ✔️✔️During a fire and immediately after a file no search warrant needed.
Longer time period after, search warrant needed and case of arson was appealed. Returning to
structure short time period after if, for some reason, such as darkness or smoke, the
determination could not be immediately made.
TPIA - ✔️✔️Texas Public Information Act
Public Information - ✔️✔️information that is collected, assembled, or maintained under a law or
ordinance or in connection with the transaction of official business: by a governmental body; or
for a governmental body and the governmental body owns the information or has a right of
access to it.
The field of code enforcement - ✔️✔️is deeply rooted in systematic growth, improvement,
rehabilitation, safety, health, general welfare, planning, and economical development of every
municipality, town, village, square, or county.
