reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 431.207 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter I. Wholesale Distributors|Section 431.207. Refusal to License; Suspension or Revocation of License

Sec. 431.207.  REFUSAL TO LICENSE; SUSPENSION OR REVOCATION OF LICENSE.  (a)  The department may refuse an application for a license or may suspend or revoke a license if the applicant or licensee:(1)  has been convicted of a felony or misdemeanor that involves moral turpitude;(2)  is an association, partnership, or corporation and the managing officer has been convicted of a felony or misdemeanor that involves moral turpitude;(3)  has been convicted in a state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs;(4)  is an association, partnership, or corporation and the managing officer has been convicted in a state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs;(5)  has not complied with this chapter or the rules implementing this chapter;(6)  has violated Section 431.021(l)(3), relating to the counterfeiting of a drug or the sale or holding for sale of a counterfeit drug;(7)  has violated Chapter 481 or 483;(8)  has violated the rules of the public safety director of the Department of Public Safety, including being responsible for a significant discrepancy in the records that state law requires the applicant or licensee to maintain; or(9)  fails to complete a license application or submits an application that contains false, misleading, or incorrect information or contains information that cannot be verified by the department.(b)  The executive commissioner by rule shall establish minimum standards required for the issuance or renewal of a license under this subchapter.(c)  The refusal to license an applicant or the suspension or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 9, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 3(f), eff. March 1, 2006.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0980, eff. April 2, 2015.|
TX Health & Safety Code § 431.208 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter I. Wholesale Distributors|Section 431.208. Reporting of Purchase Price

Sec. 431.208.  REPORTING OF PURCHASE PRICE.  (a)  On the department's request, a person who engages in the wholesale distribution of drugs in this state shall file with the department information showing the actual price at which the wholesale distributor sells a particular drug to a retail pharmacy. (b)  The executive commissioner shall adopt rules to implement this section.(c)  The department and the attorney general may investigate the distributor to determine the accuracy of the information provided under Subsection (a).  The attorney general may take action to enforce this section.(d)  Repealed by Acts 2005, 79th Leg., Ch. 349, Sec. 29, eff. September 1, 2007.|Added by Acts 2001, 77th Leg., ch. 1003, Sec. 3, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 29, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0981, eff. April 2, 2015.|
TX Health & Safety Code § 431.222 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.222. License Required; Licensing Fees

Sec. 431.222.  LICENSE REQUIRED;  LICENSING FEES.  (a)  Except as provided by Section 431.2211, a food manufacturer, food wholesaler, or warehouse operator in this state must apply for and obtain from the department every two years a license for each place of business that the food manufacturer, food wholesaler, or warehouse operator operates in this state.  The food manufacturer, food wholesaler, or warehouse operator must pay a licensing fee for each establishment.(b)  The department shall require a food manufacturer that distributes only food manufactured by that firm to obtain only a license as a food manufacturer.  A person that does not manufacture food and serves only as a food wholesaler must obtain only a food wholesaler's license.  A person that distributes both its own manufactured food and food it does not manufacture must obtain only a food manufacturer's license.  A warehouse operator who also distributes food is required to obtain only a warehouse operator license.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 162, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 383, Sec. 7, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0983, eff. April 2, 2015.|
TX Health & Safety Code § 431.223 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.223. Contents of License Application

Sec. 431.223.  CONTENTS OF LICENSE APPLICATION.  (a)  The person applying for a license under this subchapter must provide, at a minimum, the following information in a license application:(1)  the name under which the food manufacturer, wholesale distributor, or warehouse operator conducts business;(2)  the address of each place of business in this state that is licensed;(3)  if the food manufacturer, wholesale distributor, or warehouse operator is an individual, a partnership, or an association, the name or names of:(A)  the proprietor, if the business is a sole proprietorship;(B)  all partners, if the business is a partnership;  or(C)  all principals, if the business is an association;(4)  if the food manufacturer, wholesale distributor, or wholesale operator is a corporation, the date and place of incorporation and the name and address of its registered agent in this state;(5)  the names and residences of the individuals in an administrative capacity, showing:(A)  the managing proprietor, if the business is a sole proprietorship;(B)  the managing partner, if the business is a partnership;(C)  the officers and directors, if the business is a corporation;  or(D)  the persons in a managerial capacity, if the business is an association;  and(6)  the residence address of a person in charge of each place of business.(b)  The license application must be signed, verified, and filed on a form furnished by the department according to department rules.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 383, Sec. 8, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0984, eff. April 2, 2015.|
TX Health & Safety Code § 431.224 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.224. Fees

Sec. 431.224.  FEES.  (a)  The department shall collect fees for:(1)  a license that is filed or renewed;(2)  a license that is amended, including a notification of a change in the location of a licensed place of business required under Section 431.2251; and(3)  an inspection performed to enforce this subchapter and rules adopted under this subchapter.(b)  The department may charge fees every two years.(c)  The executive commissioner by rule shall set the fees in amounts that allow the department to recover the biennial expenditures of state funds by the department in:(1)  reviewing and acting on a license;(2)  amending and renewing a license;(3)  inspecting a licensed facility; and(4)  implementing and enforcing this subchapter, including a rule or order adopted or a license issued under this subchapter.(d)  The department shall use not less than one-half of license fees collected for inspecting a licensed place of business or enforcing this subchapter, and the remainder for the administration of this subchapter.(e)  All license fees received by the department under this subchapter shall be deposited in the state treasury to the credit of the food and drug registration account.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 163, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0985, eff. April 2, 2015.|
TX Health & Safety Code § 431.2245 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.2245. Processing of Licensing Fees

Sec. 431.2245.  PROCESSING OF LICENSING FEES.  (a)  The department shall establish a system for processing licensing fees under this chapter, including vended water facility licensing fees.(b)  Under the fee processing system, the maximum time for processing a fee payment made by a negotiable instrument may not exceed 48 hours, beginning at the time that the negotiable instrument is first received by the department and ending at the time that the fee payment is submitted for deposit by the department to the treasury division of the office of the comptroller.(c)  The comptroller shall cooperate with the department in developing the fee processing system.|Added by Acts 1999, 76th Leg., ch. 697, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0986, eff. April 2, 2015.|
TX Health & Safety Code § 431.225 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.225. Expiration Date

Sec. 431.225.  EXPIRATION DATE.  (a)  The executive commissioner by rule may provide that licenses expire on different dates.(b)  If the license expiration date is changed, license fees shall be prorated so that each license holder pays only that portion of the license fee allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 164, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0987, eff. April 2, 2015.|
TX Health & Safety Code § 431.2251 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.2251. Change in Location of Place of Business

Sec. 431.2251.  CHANGE IN LOCATION OF PLACE OF BUSINESS.  Not later than the 31st day before the date of the change, the license holder shall notify in writing the department of the license holder's intent to change the location of a licensed place of business.  The notice shall include the address of the new location and the name and residence address of the individual in charge of the place of business.  Not later than the 10th day after the completion of the change of location, the license holder shall forward to the department the name and residence address of the individual in charge of the new place of business.  Notice is considered adequate if the license holder provides the intent and verification notices to the department by certified mail, return receipt requested, mailed to the central office of the department.|Added by Acts 1993, 73rd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0988, eff. April 2, 2015.|
TX Health & Safety Code § 431.226 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.226. Refusal to Grant License; Suspension or Revocation of License

Sec. 431.226.  REFUSAL TO GRANT LICENSE; SUSPENSION OR REVOCATION OF LICENSE.  (a)  The department may refuse an application for a license or may suspend or revoke a license.(b)  The executive commissioner by rule shall establish minimum standards for granting and maintaining a license.  In adopting rules under this section, the executive commissioner shall:(1)  ensure that the minimum standards prioritize safe handling of fruits and vegetables based on known safety risks, including any history of outbreaks of food-borne communicable diseases; and(2)  consider acceptable produce safety standards developed by a federal agency, state agency, or university.(c)  The refusal or the suspension or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 2, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0989, eff. April 2, 2015.|
TX Health & Safety Code § 431.227 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter J. Food Manufacturers, Food Wholesalers, and Warehouse Operators|Section 431.227. Food Safety Best Practice Education Program

Sec. 431.227.  FOOD SAFETY BEST PRACTICE EDUCATION PROGRAM.  (a)  The department shall approve food safety best practice education programs for places of business licensed under this chapter.(b)  A place of business that completes a food safety best practice education program approved by the department shall receive a certificate valid for five years from the date of completion of the program.(c)  When determining which places of business to inspect under Section 431.042, the appropriate inspecting authority shall consider whether the place of business holds a valid certificate from a food safety best practice education program under this section.(d)  The executive commissioner shall adopt rules to implement this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 3, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0990, eff. April 2, 2015.|
TX Health & Safety Code § 431.241 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter K. General Administrative Provisions and Rulemaking Authority|Section 431.241. Rulemaking Authority

Sec. 431.241.  RULEMAKING AUTHORITY.  (a)  The executive commissioner may adopt rules for the efficient enforcement of this chapter.(b)  The executive commissioner may conform rules adopted under this chapter, if practicable, with regulations adopted under the federal Act.(c)  The enumeration of specific federal laws and regulations in Sections 431.244 and 431.245 does not limit the general authority granted to the executive commissioner in Subsection (b) to conform rules adopted under this chapter to those adopted under the federal Act.(d)  The executive commissioner may adopt the federal regulations issued by the secretary pursuant to the Prescription Drug Marketing Act of 1987 (21 U.S.C. Sections 331, 333, 353, and 381), as necessary or desirable so that the state wholesale drug distributor licensing program in Subchapter N may achieve compliance with that Act.(e)  The executive commissioner shall not establish a drug formulary that restricts by any prior or retroactive approval process a physician's ability to treat a patient with a prescription drug that has been approved and designated as safe and effective by the United States Food and Drug Administration, in compliance with federal law and subject to review by the executive commissioner.(f)  Nothing in this section shall effect a prior approval program in operation on the effective date of this section nor shall any portion of this chapter prohibit a prior approval process on any federally exempted products.(g)  The department may assess a fee for the issuance of a certificate of free sale and another certification issued under this chapter.  The executive commissioner by rule shall set each fee in an amount sufficient to recover the cost to the department of issuing the particular certificate.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 11, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 675, Sec. 7, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0991, eff. April 2, 2015.|
TX Health & Safety Code § 431.242 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter K. General Administrative Provisions and Rulemaking Authority|Section 431.242. Contested Case Hearings and Appeals

Sec. 431.242.  CONTESTED CASE HEARINGS AND APPEALS.  A hearing under this chapter or an appeal from a final administrative decision shall be conducted under Chapter 2001, Government Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Health & Safety Code § 431.244 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter K. General Administrative Provisions and Rulemaking Authority|Section 431.244. Federal Regulations Adopted as State Rules

Sec. 431.244.  FEDERAL REGULATIONS ADOPTED AS STATE RULES.  (a)  A regulation adopted by the secretary under the federal Act concerning pesticide chemicals, food additives, color additives, special dietary use, processed low acid food, acidified food, infant formula, bottled water, or vended bottled water is a rule for the purposes of this chapter, unless the executive commissioner modifies or rejects the rule.(b)  A regulation adopted under the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.) is a rule for the purposes of this chapter, unless the executive commissioner modifies or rejects the rule.  The executive commissioner may not adopt a rule that conflicts with the labeling requirements for the net quantity of contents required under Section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 1453) and the regulations adopted under that Act.(c)  A regulation adopted by the secretary under Sections 403(b) through (i) of the federal Act is a rule for the purposes of this chapter unless the executive commissioner modifies or rejects the rule.  The executive commissioner may not adopt a rule that conflicts with the limitations provided by Sections 403(q) and (r) of the federal Act.(d)  A federal regulation that this section provides as a rule for the purposes of this chapter is effective:(1)  on the date that the regulation becomes effective as a federal regulation; and(2)  whether or not the executive commissioner or department has fulfilled the rulemaking provisions of Chapter 2001, Government Code.(e)  If the executive commissioner modifies or rejects a federal regulation, the executive commissioner shall comply with the rulemaking provisions of Chapter 2001, Government Code.(f)  For any federal regulation adopted as a state rule under this chapter, including a regulation considered to be a rule for purposes of this chapter under Subsection (a), (b), or (c), the department shall provide on its Internet website:(1)  a link to the text of the federal regulation;(2)  a clear explanation of the substance of and purpose for the regulation; and(3)  information on providing comments in response to any proposed or pending federal regulation, including an address to which and the manner in which comments may be submitted.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 12, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 459, Sec. 6, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 4, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0992, eff. April 2, 2015.|
TX Health & Safety Code § 431.245 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter K. General Administrative Provisions and Rulemaking Authority|Section 431.245. Definition or Standard of Identity, Quality, or Fill of Container

Sec. 431.245.  DEFINITION OR STANDARD OF IDENTITY, QUALITY, OR FILL OF CONTAINER.  (a)  A definition or standard of identity, quality, or fill of container of the federal Act is a definition or standard of identity, quality, or fill of container in this chapter, except as modified by department rules.(b)  The executive commissioner by rule may establish definitions and standards of identity, quality, and fill of container for a food if:(1)  a federal regulation does not apply to the food; and(2)  the executive commissioner determines that adopting the rules will promote honest and fair dealing in the interest of consumers.(c)  A temporary permit granted for interstate shipment of an experimental pack of food that varies from the requirements of federal definitions and standards of identity is automatically effective in this state under the conditions of the permit.(d)  The department may issue additional permits if the department determines that:(1)  it is necessary for the completion of an otherwise adequate investigation; and(2)  the interests of consumers are safeguarded.(e)  A permit issued under Subsection (d) is subject to the terms and conditions of department rules.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0993, eff. April 2, 2015.|