FrankGoortani/open-us-law huggingface dataset:
Tex. Government Code § 4001.058 — TX Code / Code gv / Chapter 4001 / Section 4001.058
§ 4001.058. FRAUD; FRAUDULENT PRACTICE.
Status: in_force

(a) "Fraud" and "fraudulent practice" include:

(1) a misrepresentation of a relevant fact made in any manner;

(2) a promise, representation, or predication as to the future not made honestly and in good faith;

(3) an intentional failure to disclose a material fact;

(4) a direct or indirect gain, through the sale of a security, of an underwriting or promotion fee or profit, or of a selling or managing commission or profit, that is so gross or exorbitant as to be unconscionable; and

(5) a scheme, device, or other artifice to obtain a profit, fee, or commission described by Subdivision (4).

(b) Nothing in this section limits the full meaning of "fraud," "fraudulent," or "fraudulent practice" as applied or accepted in courts.
Tex. Special District Local Laws Code § 1048.053 — TX Code / Code sd / Chapter 1048 / Section 1048.053
§ 1048.053. QUALIFICATIONS FOR OFFICE.
Status: in_force

(a) A person may not be elected or appointed as a director unless the person is:

(1) a qualified voter; and

(2) a resident of the place for which the person is a candidate.

(b) To be eligible to hold office on the board, a person must be a resident of the place for which the person is elected, as designated by the following political subdivisions:

(1) for place one, Falls City Common School District;

(2) for place two, Runge Independent School District and Nordheim Independent School District;

(3) for places three and four, Karnes City Independent School District and Nixon Independent School District; and

(4) for places five, six, and seven, Kenedy Independent School District, Pawnee Independent School District, and Pettus Independent School District.

(c) A person is not eligible to serve as a director if the person is:

(1) the district administrator;

(2) a district employee; or

(3) a hospital medical staff member.
Tex. Business & Commerce Code § 51.164 — TX Code / Code bc / Chapter 51 / Section 51.164
§ 51.164. USE OF DISCLOSURE DOCUMENT FROM OTHER REGULATORY AGENCY.
Status: in_force

Instead of providing a disclosure statement to a purchaser under this subchapter, a seller may provide a copy of a similar document required by the State Securities Board, Securities and Exchange Commission, or Federal Trade Commission that contains all the information required to be disclosed by this chapter.
Tex. Natural Resources Code § 161.080 — TX Code / Code nr / Chapter 161 / Section 161.080
§ 161.080. CONFIDENTIALITY OF CERTAIN INFORMATION.
Status: in_force

(a) This section applies only to:

(1) a veteran or a family member of the veteran who applies for or receives any benefits or services offered by the board; or

(2) a current member of:

(A) the armed forces of the United States, including a reserve component; or

(B) the Texas military forces, as that term is defined by Section 437.001, Government Code.

(b) Except as provided by Subsection (c), the following information received or maintained by the board that relates to a person to whom this section applies is confidential and not subject to disclosure under Chapter 552, Government Code:

(1) name;

(2) home address;

(3) telephone number;

(4) e-mail address;

(5) emergency contact information;

(6) social security number; or

(7) any other information that reveals whether the person has family members.

(c) The board may disclose the information described by Subsection (b) to:

(1) a federal agency, state agency, political subdivision of this state, or private vendor contracted by the board for the purpose of administering any benefits or services offered by the board for veterans or the family members of veterans; or

(2) any person with the written consent of a person to whom this section applies if:

(A) the information is disclosed for the purpose specified in the written consent; and

(B) the disclosed information relates to the consenting person.

(d) Information disclosed under Subsection (c) is not subject to disclosure under Chapter 552, Government Code, and the disclosure does not constitute a voluntary disclosure to the public by the board for purposes of Section 552.007, Government Code.

(e) To the extent of any conflict between this section and Section 552.137, Government Code, this section prevails.
Tex. Education Code § 155.003 — TX Code / Code ed / Chapter 155 / Section 155.003
§ 155.003. ADMINISTRATION.
Status: in_force

(a) The commission shall administer the center.

(b) The commission shall appoint an advisory committee to advise the commission regarding the development of priorities, guidelines, and procedures for the implementation of this chapter. The advisory committee must include representatives of:

(1) Rice University;

(2) the University of Houston;

(3) The University of Texas at Austin;

(4) Texas A&M University;

(5) Texas A&M University at Galveston;

(6) Texas Southern University;

(7) The University of Texas Rio Grande Valley;

(8) regional planning commissions, councils of governments, or similar regional planning agencies created under Chapter 391, Local Government Code, whose membership includes a municipality or county located in the Gulf Coast Region;

(9) engineering and construction firms associated with public works contracts; and

(10) the medical profession in a major urban area located in the Gulf Coast Region.

(c) The commission and advisory committee may cooperate, coordinate, and share information with a governmental entity or postsecondary educational institution in another state that borders the Gulf of Mexico.

(d) The commission, in consultation with the advisory committee, shall adopt guidelines and procedures for the administration of this chapter.
Tex. Insurance Code § 4201.353 — TX Code / Code in / Chapter 4201 / Section 4201.353
§ 4201.353. APPEAL PROCEDURES MUST BE REASONABLE.
Status: in_force

The procedures for appealing an adverse determination must be reasonable.
Tex. Estates Code § 112.102 — TX Code / Code es / Chapter 112 / Section 112.102
§ 112.102. PROOF REQUIRED BY COURT.
Status: in_force

An applicant for an order under Section 112.101 must prove to the court's satisfaction that:

(1) the spouse whose community property interest is at issue is deceased;

(2) the court has jurisdiction and venue;

(3) the agreement was executed with the formalities required by law;

(4) the agreement was not revoked; and

(5) citation has been served and returned in the manner and for the length of time required by this title.
Tex. Penal Code § 38.122 — TX Code / Code pe / Chapter 38 / Section 38.122
§ 38.122. FALSELY HOLDING ONESELF OUT AS A LAWYER.
Status: in_force

(a) A person commits an offense if, with intent to obtain an economic benefit for himself or herself, the person holds himself or herself out as a lawyer, unless he or she is currently licensed to practice law in this state, another state, or a foreign country and is in good standing with the State Bar of Texas and the state bar or licensing authority of any and all other states and foreign countries where licensed.

(b) An offense under Subsection (a) of this section is a felony of the third degree.

(c) Final conviction of falsely holding oneself out to be a lawyer is a serious crime for all purposes and acts, specifically including the State Bar Rules.
Tex. Government Code § 523.0107 — TX Code / Code gv / Chapter 523 / Section 523.0107
§ 523.0107. COMPENSATION; REIMBURSEMENT FOR EXPENSES.
Status: in_force

An executive council member appointed under Section 523.0103(a)(5) may not receive compensation for service as a council member but is entitled to reimbursement for travel expenses the member incurs while conducting council business as provided by the General Appropriations Act.
Tex. Agriculture Code § 72.023 — TX Code / Code ag / Chapter 72 / Section 72.023
§ 72.023. METHOD OF CONTROL.
Status: in_force

(a) Taking into consideration the recommendations of the appropriate citrus quarantine advisory committee, the department shall determine the best method of controlling or eradicating a Mexican fruit fly infestation.

(b) The department shall serve written findings and directions for control or eradication of the infestation on the owner of the infested premises. The owner shall immediately comply with the directions of the department.
Tex. Finance Code § 342.003 — TX Code / Code fi / Chapter 342 / Section 342.003
§ 342.003. PURCHASE FROM MORTGAGEE.
Status: in_force

For the purposes of this chapter, a purchase from a mortgagee of an interest in a secondary mortgage loan that was made to secure that loan is treated as if it were a secondary mortgage loan.
Tex. Human Resources Code § 48.052 — TX Code / Code hr / Chapter 48 / Section 48.052
§ 48.052. FAILURE TO REPORT; PENALTY.
Status: in_force

(a) A person commits an offense if the person has cause to believe that an elderly person or person with a disability has been abused, neglected, or exploited or is in the state of abuse, neglect, or exploitation and knowingly fails to report in accordance with this chapter. An offense under this subsection is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the abused, neglected, or exploited person is a person with an intellectual disability who resided in a state supported living center, the ICF-IID component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the person had suffered serious bodily injury as a result of the abuse, neglect, or exploitation.

(b) This section does not apply if the alleged abuse, neglect, or exploitation occurred in a facility licensed under Chapter 242, Health and Safety Code. Failure to report abuse, neglect, or exploitation that occurs in a facility licensed under that chapter is governed by that chapter.
Tex. Education Code § 22.05121 — TX Code / Code ed / Chapter 22 / Section 22.05121
§ 22.05121. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER.
Status: in_force

(a) In this section, "disciplinary proceeding" means:

(1) an action brought by the school district employing a professional employee of a school district to discharge or suspend the employee or terminate or not renew the employee's term contract; or

(2) an action or proceeding brought by the State Board for Educator Certification.

(b) A professional employee of a school district may not be subject to disciplinary proceedings for:

(1) the reporting of a violation of Chapter 37 to another professional employee of a school district, the agency, or a law enforcement agency; or

(2) an action taken in good faith to remove a student from class under Section 37.002.

(c) The immunity provided by Subsection (b) is in addition to any other immunity provided by law. This section may not be construed to interfere with any other immunity provided by law.
Tex. Local Government Code § 112.031 — TX Code / Code lg / Chapter 112 / Section 112.031
§ 112.031. ACCOUNT FOR TAX ASSESSOR-COLLECTOR.
Status: in_force

In keeping an account for the county tax assessor-collector, the county clerk must:

(1) keep a separate account for each separate fund on the tax rolls;

(2) state in each separate account the name of the tax assessor-collector, the character of the fund entered on the tax rolls, and the year for which the tax is assessed; and

(3) keep separate and distinct the taxes assessed for each year.
Tex. Occupations Code § 1201.005 — TX Code / Code oc / Chapter 1201 / Section 1201.005
§ 1201.005. CONSUMER WAIVER VOID.
Status: in_force

A waiver by a consumer of this chapter is contrary to public policy and void.
Tex. Special District Local Laws Code § 8104.208 — TX Code / Code sd / Chapter 8104 / Section 8104.208
§ 8104.208. COST OF RELOCATING PROPERTY.
Status: in_force

(a) In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of a facility described by Subsection (b) in providing comparable replacement without enhancement of the facility, after deducting from that cost the net salvage value of the old facility.

(b) If the authority, in the exercise of the power of eminent domain, the power of relocation, or any other power granted under this chapter, makes necessary the relocating, raising, rerouting, changing the grade of, or altering the construction of a highway, a railroad, an electric transmission line, a pipeline, or a telephone or telegraph property or facility, the necessary relocation, raising, rerouting, changing the grade of, or alteration of construction shall be accomplished at the sole expense of the authority.
Tex. Water Code § 36.412 — TX Code / Code wa / Chapter 36 / Section 36.412
§ 36.412. REQUEST FOR REHEARING OR FINDINGS OF FACT AND CONCLUSIONS OF LAW.
Status: in_force

(a) An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of the board on a permit or permit amendment application by making a request in writing to the board.

(a-1) A party seeking to appeal a decision by the board must request written findings of fact and conclusions of law not later than the 20th day after the date of the board's decision unless the board issued findings of fact and conclusions of law as part of the final decision.

(b) On receipt of a timely written request under Subsection (a-1), the board shall make written findings of fact and conclusions of law regarding a decision of the board on a permit or permit amendment application. The board shall provide certified copies of the findings of fact and conclusions of law to the person who requested them, and to each designated party, not later than the 35th day after the date the board receives the request.

(b-1) A party to a contested hearing may request a rehearing not later than the 20th day after the date the board issues the findings of fact and conclusions of law.

(c) A request for rehearing must be filed in the district office and must state the grounds for the request. If the original hearing was a contested hearing, the party requesting a rehearing must provide copies of the request to all parties to the hearing.

(d) If the board grants a request for rehearing, the board shall schedule the rehearing not later than the 45th day after the date the request is granted.

(e) The failure of the board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.

(f) The board shall consolidate requests for rehearing filed by multiple parties to the contested case hearing, but only one rehearing may be considered per matter.
Tex. Occupations Code § 507.304 — TX Code / Code oc / Chapter 507 / Section 507.304
§ 507.304. SCHEDULE OF SANCTIONS.
Status: in_force

(a) The executive council by rule shall adopt a broad schedule of sanctions.

(b) The State Office of Administrative Hearings shall use the schedule for any sanction imposed under this subchapter as the result of a hearing conducted by that office.
Tex. Agriculture Code § 91.0051 — TX Code / Code ag / Chapter 91 / Section 91.0051
§ 91.0051. FUNDING OF A COOPERATIVE INSPECTION.
Status: in_force

(a) The legislature may not appropriate funds for the operation of an inspection service organized to carry out a cooperative agreement under this chapter. The legislature may appropriate funds necessary for the department to employ personnel to supervise an inspection service.

(b) Inspection activities conducted under a cooperative agreement under this chapter shall be self-financing. The department shall charge fees to a person who receives inspection services under a cooperative agreement.

(c) The department shall set fees at amounts that are approximately equal to the cost of providing inspection services.

(d) Notwithstanding any other provision of law, the department shall hold and disburse the fees collected under this chapter under the terms of the cooperative agreement governing the inspection activities for which the fees were collected.
Tex. Occupations Code § 107.104 — TX Code / Code oc / Chapter 107 / Section 107.104
§ 107.104. DOCUMENTATION AND CONSULTATION REQUIRED.
Status: in_force

To ensure that a prescribed dangerous drug or controlled substance is not diverted to another use and to ensure the appropriateness of the treatment of the patient's targeted symptoms, the physician shall:

(1) specifically document:

(A) the understanding between the physician and patient about the patient's prescribed treatment;

(B) the name of the drug or substance prescribed;

(C) the dosage and method of taking the prescribed drug or substance;

(D) the number of dose units prescribed; and

(E) the frequency of prescribing and dispensing the drug or substance; and

(2) consult with a psychologist, psychiatrist, expert in the treatment of addictions, or other health care professional, as appropriate.
Tex. Government Code § 41.254 — TX Code / Code gv / Chapter 41 / Section 41.254
§ 41.254. LIMITATIONS ON LAW PRACTICE.
Status: in_force

(a) An assistant prosecutor who receives longevity pay under this subchapter may not engage in the private practice of law if, from all funds received, the assistant prosecutor receives a salary that is equal to or more than 80 percent of the salary paid by the state to a district judge.

(b) An assistant prosecutor who becomes subject to this section may complete all civil cases that are not in conflict with the interest of any of the counties of the district in which the assistant prosecutor serves and that are pending in court before the assistant prosecutor exceeds the salary cap.
Tex. Special District Local Laws Code § 8366.005 — TX Code / Code sd / Chapter 8366 / Section 8366.005
§ 8366.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
Status: in_force

(a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Tex. Special District Local Laws Code § 6916.151 — TX Code / Code sd / Chapter 6916 / Section 6916.151
§ 6916.151. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
Status: in_force

(a) Subject to Subsections (e) and (f), the district may issue bonds or other obligations to finance the construction, maintenance, or operation of road projects authorized by Section 6916.051 or 6916.053.

(b) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from assessments in the manner provided by:

(1) Subchapter J, Chapter 375, Local Government Code; or

(2) Subchapter A, Chapter 372, Local Government Code, if an improvement project financed by an obligation issued under this subsection will be conveyed to or operated and maintained by a municipality or retail utility provider under an agreement between the district and the municipality or retail utility provider entered into before the issuance of the obligation.

(c) The district may issue by competitive bidding or negotiated sale bonds or other obligations, payable wholly or partly from any available revenue of the district, to pay for an improvement project.

(d) The district may issue by competitive bidding or negotiated sale bonds or other obligations, payable wholly or partly from any available revenue of the district or contract revenue from another district that is secured by ad valorem taxes imposed by or other revenue from the other district, to pay for a joint utility or road project.

(e) The district may not issue bonds or other obligations payable wholly or partly from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

(f) At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
Tex. Education Code § 51.930 — TX Code / Code ed / Chapter 51 / Section 51.930
§ 51.930. NATIONAL STUDENT EXCHANGE PROGRAM.
Status: in_force

(a) In this section:

(1) "General academic teaching institution" has the meaning assigned by Section 61.003 of this code.

(2) "National student exchange program" means the program administered by the National Student Exchange, a nonprofit corporation.

(b) General academic teaching institutions may participate in the national student exchange program for the purpose of providing reciprocal educational opportunities for undergraduate students of colleges and universities in the United States.

(c) The Texas Higher Education Coordinating Board may adopt rules relating to the participation of institutions of higher education and students in the national student exchange program.

(d) Notwithstanding the provisions of Section 54.051 of this code, a nonresident exchange student participating in the program may be charged the resident tuition rate during the period of participation in the program.

(e) A student participating in the program from another state shall be exempt from the provisions of Section 51.306 of this code unless that student becomes a degree-seeking undergraduate student at a Texas public institution of higher education.

(f) A student may not participate in the program for more than one year.
Tex. Transportation Code § 522.001 — TX Code / Code tn / Chapter 522 / Section 522.001
§ 522.001. SHORT TITLE.
Status: in_force

This chapter may be cited as the Texas Commercial Driver's License Act.
Tex. Transportation Code § 391.039 — TX Code / Code tn / Chapter 391 / Section 391.039
§ 391.039. SPACING REQUIREMENTS IN CERTAIN MUNICIPALITIES.
Status: in_force

(a) In this section, "electronic sign" means a sign that changes its message or copy by programmable electronic or mechanical processes.

(b) The department, in regulating outdoor advertising located in the corporate boundaries of a municipality with a population of more than 200,000 located in a county on the Texas-Mexico border with a population of less than 300,000, may not require an electronic sign owned by the municipality to be more than 500 feet from another sign.
Tex. Insurance Code § 4004.254 — TX Code / Code in / Chapter 4004 / Section 4004.254
§ 4004.254. PROGRAM CERTIFICATION REQUIREMENTS.
Status: in_force

(a) Subchapter C, including the authorization to contract with an independent contractor under Section 4004.104, applies to programs used to satisfy the requirements of Sections 4004.252 and 4004.253. For the purpose of administering this subchapter, professional training courses shall be considered to be continuing education courses under Subchapter C.

(b) The commissioner by rule shall adopt criteria for the programs used to satisfy the requirements of Sections 4004.252 and 4004.253 that are designed to ensure that an agent has knowledge, understanding, and professional competence concerning a Medicare-related product. The rules adopted under this subsection may incorporate by reference any requirements established by the Centers for Medicare and Medicaid Services or any other appropriate federal agency.