reglab/housing_qa huggingface dataset:
TX Govt Code § 2001.091 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.091. Discovery From Parties: Orders for Production or Inspection

Sec. 2001.091.  DISCOVERY FROM PARTIES:  ORDERS FOR PRODUCTION OR INSPECTION.  (a)  On the motion of a party, on notice to each other party, and subject to limitations of the kind provided for discovery under the Texas Rules of Civil Procedure, a state agency in which a contested case is pending may order a party:(1)  to produce and to permit the party making the motion or a person on behalf of that party to inspect and to copy or photograph a designated document, paper, book, account, letter, photograph, or tangible thing in the party's possession, custody, or control that:(A)  is not privileged;  and(B)  constitutes or contains, or is reasonably calculated to lead to the discovery of, evidence that is material to a matter involved in the contested case;  and(2)  to permit entry to designated land or other property in the party's possession or control to inspect, measure, survey, or photograph the property or a designated object or operation on the property that may be material to a matter involved in the contested case.(b)  An order under this section:(1)  must specify the time, place, and manner of making the inspection, measurement, or survey or of making copies or photographs;  and(2)  may prescribe other terms and conditions that are just.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.092 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.092. Discovery From Parties: Identity of Witness or Potential Party; Expert Reports

Sec. 2001.092.  DISCOVERY FROM PARTIES:  IDENTITY OF WITNESS OR POTENTIAL PARTY;  EXPERT REPORTS.  (a)  The identity and location of a potential party or witness in a contested case may be obtained from a communication or other paper in a party's possession, custody, or control.(b)  A party may be required to produce and permit the inspection and copying of a report, including factual observations and opinions, of an expert who will be called as a witness.(c)  This section does not extend to other communications:(1)  made after the occurrence or transaction on which the contested case is based;(2)  made in connection with the prosecution, investigation, or defense of the contested case or the circumstances from which the case arose;  and(3)  that are:(A)  written statements of witnesses;(B)  in writing and between agents, representatives, or employees of a party;  or(C)  between a party and the party's agent, representative, or employee.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.093 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.093. Discovery From Parties: Copy of Previous Statement

Sec. 2001.093.  DISCOVERY FROM PARTIES:  COPY OF PREVIOUS STATEMENT.  (a)  On request, a person, including a person who is not a party, is entitled to obtain a copy of a statement in a party's possession, custody, or control that the person has previously made about the contested case or its subject matter.(b)  A person whose request under Subsection (a) is refused may move for a state agency order under Section 2001.091.(c)  In this section, a statement is considered to be previously made if it is:(1)  a written statement signed or otherwise adopted or approved by the person making it;  or(2)  a stenographic, mechanical, electrical, or other recording, or a transcription of the recording, which is a substantially verbatim recital of an oral statement by the person making it and that was contemporaneously recorded.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.094 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.094. Issuance of Commission Requiring Deposition

Sec. 2001.094.  ISSUANCE OF COMMISSION REQUIRING DEPOSITION.  (a)  On its own motion or on the written request of a party to a contested case pending before it, and on deposit of an amount that will reasonably ensure payment of the amount estimated to accrue under Section 2001.103, a state agency shall issue a commission, addressed to the officers authorized by statute to take a deposition, requiring that the deposition of a witness be taken.(b)  The commission shall authorize the issuance of any subpoena necessary to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purpose of the proceeding.(c)  The commission shall require an officer to whom it is addressed to:(1)  examine the witness before the officer on the date and at the place named in the commission;  and(2)  take answers under oath to questions asked the witness by a party to the proceeding, the state agency, or an attorney for a party or the agency.(d)  The commission shall require the witness to remain in attendance from day to day until the deposition is begun and completed.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.095 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.095. Deposition of State Agency Board Member

Sec. 2001.095.  DEPOSITION OF STATE AGENCY BOARD MEMBER.  The deposition of a member of a state agency board may not be taken after a date has been set for hearing in a contested case.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.096 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.096. Place of Deposition

Sec. 2001.096.  PLACE OF DEPOSITION.  A deposition in a contested case shall be taken in the county where the witness:(1)  resides;(2)  is employed;  or(3)  regularly transacts business in person.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.097 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.097. Objections to Deposition Testimony

Sec. 2001.097.  OBJECTIONS TO DEPOSITION TESTIMONY.  (a)  The officer taking an oral deposition in a contested case may not:(1)  sustain an objection to the testimony taken;  or(2)  exclude testimony.(b)  An objection to deposition testimony is reserved for the action of the state agency before which the matter is pending.(c)  The administrator or other officer conducting the contested case hearing may consider objections other than those made at the taking of the testimony.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.098 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.098. Preparation of Deposition

Sec. 2001.098.  PREPARATION OF DEPOSITION.  (a)  A deposition witness in a contested case shall be carefully examined.(b)  The testimony shall be reduced to writing or typewriting by the officer taking the deposition, a person under the officer's personal supervision, or the deposition witness in the officer's presence.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.099 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.099. Submission of Deposition to Witness; Signature

Sec. 2001.099.  SUBMISSION OF DEPOSITION TO WITNESS;  SIGNATURE.  (a)  A deposition in a contested case shall be submitted to the witness for examination after the testimony is fully transcribed and shall be read to or by the witness.(b)  The witness and the parties may waive in writing the examination and reading of a deposition under Subsection (a).(c)  If the witness is a party to the contested case pending before the agency with an attorney of record, the deposition officer shall notify the attorney of record in writing by registered or certified mail that the deposition is ready for examination and reading at the office of the deposition officer and that if the witness does not appear and examine, read, and sign the deposition before the 21st day after the date on which the notice is mailed, the deposition shall be returned as provided by this subchapter for unsigned depositions.(d)  A witness must sign a deposition at least three days before the date of the hearing or the deposition shall be returned as an unsigned deposition as provided by this subchapter.(e)  The officer taking a deposition shall enter on the deposition:(1)  a change in form or substance that the witness desires to make;  and(2)  a statement of the reasons given by the witness for making the change.(f)  After the deposition officer has entered any change and a statement of reasons for the change on the deposition under Subsection (e), the witness shall sign the deposition unless:(1)  the parties present at the taking of the deposition by stipulation waive the signing;(2)  the witness is ill;(3)  the witness cannot be found;  or(4)  the witness refuses to sign.(g)  If a deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the witness's waiver, illness, absence, or refusal to sign and the reason given, if any, for failure to sign.  The deposition may then be used as though signed by the witness.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.100 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.100. Return of Deposition to State Agency

Sec. 2001.100.  RETURN OF DEPOSITION TO STATE AGENCY.  (a)  A deposition may be returned to the state agency before which the contested case is pending by mail or by a party interested in taking the deposition or another person.(b)  For a deposition returned by mail, the state agency shall:(1)  endorse on the deposition the fact that it was received from the post office;  and(2)  have it signed by the agency employee receiving the deposition.(c)  For a deposition returned by means other than mail, the person delivering it to the state agency shall execute an affidavit before the agency stating that:(1)  the person received it from the hands of the officer before whom it was taken;(2)  it has not been out of the person's possession since the person received it;  and(3)  it has not been altered.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.101 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.101. Opening of Deposition by State Agency Employee

Sec. 2001.101.  OPENING OF DEPOSITION BY STATE AGENCY EMPLOYEE.  (a)  At the request of a party or the party's counsel, a deposition in a contested case that is filed with a state agency may be opened by an employee of the agency.(b)  A state agency employee who opens a deposition shall:(1)  endorse on the deposition the day and at whose request it was opened;  and(2)  sign the deposition.(c)  The deposition shall remain on file with the state agency for the inspection of any party.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.102 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.102. Use of Deposition

Sec. 2001.102.  USE OF DEPOSITION.  A party is entitled to use a deposition taken under this subchapter in the contested case pending before the state agency without regard to whether a cross-interrogatory has been propounded.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.122 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter E. Contested Cases: Testimony of Child|Section 2001.122. Hearsay Statement of Child Abuse Victim

Sec. 2001.122.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM.  (a)  This section applies:(1)  to a proceeding held under this chapter or a judicial review of a final decision under this chapter, whether by trial de novo or under the substantial evidence rule, in which an issue is the abuse of a child 12 years of age or younger;  and(2)  only to a statement that describes an alleged incident of child abuse that:(A)  was made by the child who is the alleged victim of the incident;  and(B)  was made to the first individual 18 years of age or older, other than the individual accused of abuse, to whom the child made a statement about the incident.(b)  A statement that meets the requirements of Subsection (a)(2) is not inadmissible as hearsay if:(1)  on or before the seventh day before the date on which the proceeding or hearing begins, the party intending to offer the statement:(A)  notifies each other party of the party's intention to do so;(B)  provides each other party with the name of the witness through whom it intends to offer the statement;  and(C)  provides each other party with a written summary of the statement;(2)  the presiding official conducting the proceeding finds that the statement is reliable based on the time, content, and circumstances of the statement;  and(3)  the child who is the alleged victim testifies or is available to testify at the hearing in court, at the proceeding, or in any other manner provided by law.(c)  The finding required by Subsection (b)(2) shall be made in a hearing conducted outside the presence of the jury, if the hearing is before a jury.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.141 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing|Section 2001.141. Form of Decision; Findings of Fact and Conclusions of Law

Sec. 2001.141.  FORM OF DECISION;  FINDINGS OF FACT AND CONCLUSIONS OF LAW.  (a)  A decision or order of a state agency that may become final under Section 2001.144 that is adverse to any party in a contested case must be in writing and signed by a person authorized by the agency to sign the agency decision or order.(b)  A decision or order that may become final under Section 2001.144 must include findings of fact and conclusions of law, separately stated.(c)  Findings of fact may be based only on the evidence and on matters that are officially noticed.(d)  Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.(e)  If a party submits under a state agency rule proposed findings of fact or conclusions of law, the decision or order shall include a ruling on each proposed finding or conclusion.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 3, eff. September 1, 2015.|
TX Govt Code § 2001.143 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing|Section 2001.143. Time of Decision

Sec. 2001.143.  TIME OF DECISION.  (a)  A decision or order that may become final under Section 2001.144 in a contested case should be signed not later than the 60th day after the date on which the hearing is finally closed.(b)  In a contested case heard by other than a majority of the officials of a state agency, the agency or the person who conducts the contested case hearing may extend the period in which the decision or order may be signed.(c)  Any extension shall be announced at the conclusion of the hearing.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 5, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 6, eff. September 1, 2015.|
TX Govt Code § 2001.144 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing|Section 2001.144. Decisions or Orders; When Final

Sec. 2001.144.  DECISIONS OR ORDERS; WHEN FINAL.  (a)  A decision or order in a contested case is final:(1)  if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;(2)  if a motion for rehearing is timely filed, on the date:(A)  the order overruling the latest filed motion for rehearing is signed; or(B)  the latest filed motion for rehearing is overruled by operation of law;(3)  if a state agency finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision or order is signed, provided that the agency incorporates in the decision or order a factual and legal basis establishing an imminent peril to the public health, safety, or welfare; or(4)  on:(A)  the date specified in the decision or order for a case in which all parties agree to the specified date in writing or on the record; or(B)  if the agreed specified date is before the date the decision or order is signed, the date the decision or order is signed.(b)  If a decision or order is final under Subsection (a)(3), a state agency must recite in the decision or order the finding made under Subsection (a)(3) and the fact that the decision or order is final and effective on the date signed.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 611, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 7, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 4, eff. September 1, 2017.|
TX Govt Code § 2001.145 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing|Section 2001.145. Motions for Rehearing: Prerequisites to Appeal

Sec. 2001.145.  MOTIONS FOR REHEARING:  PREREQUISITES TO APPEAL.  (a)  A timely motion for rehearing is a prerequisite to an appeal in a contested case except that a motion for rehearing of a decision or order that is final under Section 2001.144(a)(3) or (4) is not a prerequisite for appeal.(b)  A decision or order that is final under Section 2001.144(a)(2), (3), or (4) is appealable.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 611, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 8, eff. September 1, 2015.|
TX Govt Code § 2001.147 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing|Section 2001.147. Agreement to Modify Time Limits

Sec. 2001.147.  AGREEMENT TO MODIFY TIME LIMITS.  The parties to a contested case, with state agency approval, may agree to modify the times prescribed by Sections 2001.143 and 2001.146.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.171 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter G. Contested Cases: Judicial Review|Section 2001.171. Judicial Review

Sec. 2001.171.  JUDICIAL REVIEW.  A person who has exhausted all administrative remedies available within a state agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.172 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter G. Contested Cases: Judicial Review|Section 2001.172. Scope of Judicial Review

Sec. 2001.172.  SCOPE OF JUDICIAL REVIEW.  The scope of judicial review of a state agency decision in a contested case is as provided by the law under which review is sought.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.173 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter G. Contested Cases: Judicial Review|Section 2001.173. Trial De Novo Review

Sec. 2001.173.  TRIAL DE NOVO REVIEW.  (a)  If the manner of review authorized by law for the decision in a contested case that is the subject of complaint is by trial de novo, the reviewing court shall try each issue of fact and law in the manner that applies to other civil suits in this state as though there had not been an intervening agency action or decision but may not admit in evidence the fact of prior state agency action or the nature of that action except to the limited extent necessary to show compliance with statutory provisions that vest jurisdiction in the court.(b)  On demand, a party to a trial de novo review may have a jury determination of each issue of fact on which a jury determination could be obtained in other civil suits in this state.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|