reglab/housing_qa huggingface dataset:
TX Occ Code § 1301.452 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter I. Disciplinary Procedures|Section 1301.452. Grounds for Disciplinary Action

Sec. 1301.452.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  A person is subject to disciplinary action under Section 1301.451 if the person violates this chapter, an order issued by the board, or a board rule.  A violation of this chapter includes:(1)  attempting to obtain or obtaining a license, endorsement, or registration through fraud;(2)  wilfully, negligently, or arbitrarily violating a municipal rule or ordinance that regulates sanitation, drainage, or plumbing;(3)  making a misrepresentation of services provided or to be provided;(4)  making a false promise with the intent to induce a person to contract for a service;(5)  employing a person who does not hold a license or endorsement or who is not registered to engage in an activity for which a license, endorsement, or registration is required under this chapter;(6)  performing plumbing without holding the proper license, endorsement, or registration required by this chapter; or(7)  performing plumbing in violation of a plumbing code adopted under Section 1301.255.(b)  Retesting procedures may be used to determine whether grounds exist for suspension or revocation of a license, endorsement, or registration due to incompetence or a wilful violation by a person licensed under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(a), eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 9, eff. September 1, 2009.Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 23, eff. May 26, 2021.|
TX Occ Code § 1301.4521 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter I. Disciplinary Procedures|Section 1301.4521. Consequences of Criminal Conviction

Sec. 1301.4521.  CONSEQUENCES OF CRIMINAL CONVICTION.  (a)  The board shall adopt rules in compliance with the guidelines authorized by Chapter 53 relating to criminal convictions.(b)  The board shall adopt a method to review the agency's compliance with Chapter 53 and the rules adopted under this section.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 23, eff. Sept. 1, 2003.|
TX Occ Code § 1301.453 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter I. Disciplinary Procedures|Section 1301.453. Hearing

Sec. 1301.453.  HEARING.  A person is entitled to a hearing before the board if the board proposes to:(1)  deny the person's application for a license, endorsement, or registration;  or(2)  suspend or revoke the person's license, endorsement, or registration.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(a), eff. Sept. 1, 2003.|
TX Occ Code § 1301.454 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter I. Disciplinary Procedures|Section 1301.454. Administrative Procedure

Sec. 1301.454.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is a contested case for purposes of Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.|
TX Occ Code § 1301.501 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.501. Backflow Prevention

Sec. 1301.501.  BACKFLOW PREVENTION.  (a)  A person may not sell, donate, or transfer a water closet plumbing fixture or other equipment that uses water if the fixture or equipment:(1)  does not comply with a state-approved plumbing code;  and(2)  may permit the backflow of a nonpotable substance into a potable water supply.(b)  The board shall adopt rules under this section that include a list describing the types of plumbing to which this section applies.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.|
TX Occ Code § 1301.502 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.502. Citation

Sec. 1301.502.  CITATION.  (a)  A water district plumbing inspector or, within the jurisdiction of the municipality, municipal plumbing inspector may issue a citation to a person who engages in conduct described by Section 1301.508.(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 32(9), eff. May 26, 2021.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 819, Sec. 24, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 24, eff. May 26, 2021.Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 32(9), eff. May 26, 2021.|
TX Occ Code § 1301.503 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.503. Enforcement by Plumbing Inspector

Sec. 1301.503.  ENFORCEMENT BY PLUMBING INSPECTOR.  Each plumbing inspector shall enforce this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.314(a), eff. Sept. 1, 2003.|
TX Occ Code § 1301.504 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.504. Injunction

Sec. 1301.504.  INJUNCTION.  (a)  In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from violating this chapter or a board rule.(b)  To sustain an action under this section, the board is not required to allege or prove that:(1)  an adequate remedy at law does not exist;  or(2)  substantial or irreparable damage would result from the continued violation.(c)  Any party to an action under this section may appeal.(d)  Venue for an action brought under this section is in a district court in Travis County.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 10, eff. September 1, 2009.|
TX Occ Code § 1301.5045 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.5045. Cease and Desist Order

Sec. 1301.5045.  CEASE AND DESIST ORDER.  (a)  The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to protect public health and safety.(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter N.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 25, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 11, eff. September 1, 2009.|
TX Occ Code § 1301.506 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.506. Appeal Bond Not Required

Sec. 1301.506.  APPEAL BOND NOT REQUIRED.  The board is not required to post an appeal bond in an action arising under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.|
TX Occ Code § 1301.507 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.507. Civil Penalty

Sec. 1301.507.  CIVIL PENALTY.  A person who violates this chapter or a rule, permit, or order of the board is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation and for each day of violation after notice is provided to the person.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.|
TX Occ Code § 1301.5071 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.5071. Informal Settlement Conference; Restitution

Sec. 1301.5071.  INFORMAL SETTLEMENT CONFERENCE;  RESTITUTION.  (a)  The board by rule shall establish procedures under which an informal settlement conference is conducted to resolve a complaint against a person licensed under this chapter.(a-1)  The procedures established under Subsection (a) must:(1)  identify the types of complaints for which an informal settlement conference may be used; and(2)  require appropriate documentation of each informal settlement conference that is conducted, including the outcome of the conference.(b)  Subject to Subsection (c), the board may order a person licensed under this chapter to pay restitution to a person as provided in an agreement resulting from an informal settlement conference instead of or in addition to assessing an administrative penalty under Subchapter N.(c)  The amount of restitution ordered as provided by an agreement resulting from an informal settlement conference may not exceed the amount the person paid to the license holder for a service regulated by this chapter.  The board may not require payment of other damages or estimate harm in a restitution order.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 25, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 25, eff. May 26, 2021.|
TX Occ Code § 1301.508 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter J. Other Penalties and Enforcement Provisions|Section 1301.508. Criminal Penalty

Sec. 1301.508.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:(1)  violates this chapter or a rule adopted under this chapter;(2)  does not hold a license or endorsement or is not registered under this chapter and engages in an activity for which a license, endorsement, or registration is required;  or(3)  employs a person who does not hold a license or endorsement or who is not registered to engage in an activity for which a license, endorsement, or registration is required under this chapter.(b)  An offense under this section is a Class C misdemeanor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(b), eff. Sept. 1, 2003.|
TX Occ Code § 1301.552 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter K. Regulation by Certain Political Subdivisions|Section 1301.552. Certificate of Insurance for Plumbing Permit in Political Subdivision

Sec. 1301.552.  CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT IN POLITICAL SUBDIVISION. A political subdivision that requires a responsible master plumber or an agent of a responsible master plumber to obtain a permit before performing plumbing in the political subdivision shall verify through the board's Internet website, or by contacting the board by telephone, that the responsible master plumber has on file with the board a certificate of insurance. The certificate of insurance must:(1)  be written by an insurer authorized to engage in the business of insurance in this state or an eligible surplus lines insurer, as defined by Section 981.002, Insurance Code;(2)  provide for commercial general liability insurance for the responsible master plumber for a claim for property damage or bodily injury, regardless of whether the claim arises from negligence or on a contract; and(3)  provide coverage of not less than $300,000 for all claims arising in a one-year period.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 8, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 526 (H.B. 2376), Sec. 5, eff. September 1, 2011.|
TX Occ Code § 1301.553 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter K. Regulation by Certain Political Subdivisions|Section 1301.553. Plumbing Inspections in Municipality That Overlaps Another Political Subdivision

Sec. 1301.553.  PLUMBING INSPECTIONS IN MUNICIPALITY THAT OVERLAPS ANOTHER POLITICAL SUBDIVISION.  If the boundaries of a municipality and another political subdivision overlap, only the affected municipality may perform a plumbing inspection and collect a permit fee.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.315(c), eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 8, eff. September 1, 2009.|
TX Occ Code § 1301.651 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter M. Interagency Cooperation and Regulation|Section 1301.651. Definition

Sec. 1301.651.  DEFINITION.  In this subchapter, "local workforce development board" means a board created under Subchapter F, Chapter 2308, Government Code.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.|
TX Occ Code § 1301.652 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter M. Interagency Cooperation and Regulation|Section 1301.652. Public Education Effort

Sec. 1301.652.  PUBLIC EDUCATION EFFORT.  (a)  The board and the Texas Workforce Commission shall, through the local workforce development boards, coordinate efforts to educate the public about the plumbing profession and the resources available to employers for the recruitment and training of plumbers, including providing:(1)  each local workforce development board with:(A)  information about the licensing requirements for the plumbing profession;  and(B)  available statistical data regarding plumbing;  and(2)  a link to each agency's Internet site and to the Internet sites of other local workforce development boards.(b)  The board may, during public and industry awareness seminars, raise awareness of the career ladder in the plumbing industry and the opportunities that plumbing apprenticeships offer.(c)  This section applies to the extent that the plumbing profession is designated as an occupation in demand by a local workforce development board.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.|
TX Occ Code § 1301.701 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.701. Imposition of Penalty

Sec. 1301.701.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person who violates this chapter or a rule or order adopted under this chapter.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.|
TX Occ Code § 1301.702 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.702. Amount of Penalty

Sec. 1301.702.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstance, extent, and gravity of any prohibited act;  and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the economic harm to property or the environment caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts made to correct the violation;  and(6)  any other matter that justice may require.(c)  The board by rule or through procedures adopted by the board and published in the Texas Register shall develop a standardized penalty schedule based on the criteria listed in Subsection (b).|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.|
TX Occ Code § 1301.703 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.703. Notice of Violation and Penalty

Sec. 1301.703.  NOTICE OF VIOLATION AND PENALTY.(a)  If the board determines that a violation occurred, the board shall give written notice of the violation to the person alleged to have committed the violation.(c)  The notice must:(1)  include a brief summary of the alleged violation;(2)  state the amount of the recommended penalty;  and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 26, eff. May 26, 2021.Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 27, eff. May 26, 2021.|
TX Occ Code § 1301.704 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.704. Penalty to Be Paid or Hearing Requested

Sec. 1301.704.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice, the person in writing may:(1)  accept the determination and recommended penalty of the board; or(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.(b)  If the person accepts the determination and recommended penalty of the board, the board by order shall approve the determination and impose the recommended penalty.(c)  Failure to request a hearing or accept the determination and recommended penalty within the time provided by this section waives the right to a hearing under this chapter.(d)  If the board determines without a hearing that the person committed a violation and a penalty is to be imposed, the board shall:(1)  provide written notice to the person of the board's findings; and(2)  enter an order requiring the person to pay the recommended penalty.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 9.001, eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 28, eff. May 26, 2021.|
TX Occ Code § 1301.705 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.705. Hearing

Sec. 1301.705.  HEARING.  (a)  If the person requests a hearing, the board shall set a hearing and give written notice of the hearing to the person.  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.(b)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the board a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 9.002, eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 29, eff. May 26, 2021.|
TX Occ Code § 1301.706 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.706. Decision by Board

Sec. 1301.706.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may:(1)  find that a violation occurred and impose a penalty;  or(2)  find that a violation did not occur.(b)  The notice of the board's order given to the person must include a statement of the right of the person to judicial review of the order.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.|
TX Occ Code § 1301.707 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.707. Options Following Decision: Pay or Appeal

Sec. 1301.707.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:(1)  pay the penalty; or(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.(b)  Failure by the person to pay the penalty is grounds for the board to refuse to renew the person's license or registration and to refuse to issue a new license or registration to the person.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 13, eff. September 1, 2009.|
TX Occ Code § 1301.708 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.708. Stay of Enforcement of Penalty

Sec. 1301.708.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the 30-day period prescribed by Section 1301.707, a person who files a petition for judicial review may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account; or(B)  giving the court a supersedeas bond approved by the court that:(i)  is for the amount of the penalty; and(ii)  is effective until all judicial review of the board's order is final; or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and(B)  sending a copy of the affidavit to the board by certified mail.(b)  If the board receives a copy of an affidavit under Subsection (a)(2), the executive director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.(c)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 30, eff. May 26, 2021.|
TX Occ Code § 1301.709 (2021)
2021 Texas Statutes|Occupations Code|Title 8 - Regulation of Environmental and Industrial Trades|Chapter 1301 - Plumbers|Subchapter N. Administrative Penalty|Section 1301.709. Decision by Court

Sec. 1301.709.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.|Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.|