reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 161.354 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter P. Disclosure of Ingredients in Cigarettes and Tobacco Products|Section 161.354. Public Information

Sec. 161.354.  PUBLIC INFORMATION.  (a)  Except as provided by Subsections (b), (c), and (d), information included in a report filed under this subchapter is public information and is not confidential unless it is determined to be confidential under this section.(b)  The department may not disclose information under Subsection (a) until the department has obtained the advice of the attorney general under this section with respect to the particular information to be disclosed.  If the attorney general determines that the disclosure of particular information would constitute an unconstitutional taking of property, the information is confidential and the department shall exclude that information from disclosure.(c)  Information included in a report filed under this subchapter is confidential if the department determines that there is no reasonable scientific basis for concluding that the availability of the information could reduce risks to public health.(d)  Information included in a report filed under this subchapter is confidential under Chapter 552, Government Code, if the information would be excepted from public disclosure as a trade secret under state or federal law.|Added by Acts 1997, 75th Leg., ch. 1216, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 161.254 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(64), eff. Sept. 1, 1999.|
TX Health & Safety Code § 161.355 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter P. Disclosure of Ingredients in Cigarettes and Tobacco Products|Section 161.355. Injunction

Sec. 161.355.  INJUNCTION.  (a)  A district court, on petition of the department and on a finding by the court that a manufacturer has failed to file the report required by Section 161.352, may by injunction:(1)  prohibit the sale or distribution in this state of a cigarette or tobacco product manufactured by the manufacturer;  or(2)  grant any other injunctive relief warranted by the facts.(b)  The attorney general shall institute and conduct a suit authorized by this section at the request of the department and in the name of the state.(c)  A suit for injunctive relief must be brought in Travis County.|Added by Acts 1997, 75th Leg., ch. 1216, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 161.255 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(64), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 19.02(13), eff. Sept. 1, 1999.|
TX Health & Safety Code § 161.356 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter P. Disclosure of Ingredients in Cigarettes and Tobacco Products|Section 161.356. Compliance With Federal Law

Sec. 161.356.  COMPLIANCE WITH FEDERAL LAW.  A person is considered to have complied with this subchapter if the person complies with Subchapter IX of 21 U.S.C. Chapter 9 and rules adopted under that subchapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 28, eff. October 1, 2015.|
TX Health & Safety Code § 161.401 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter Q. Installation of Asbestos|Section 161.401. Definitions

Sec. 161.401.  DEFINITIONS.  In this subchapter:(1)  "Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.(2)  "Contractor" means a person who constructs, repairs, or maintains a public building as an independent contractor.  The term includes a subcontractor.(3)  "Public building" means a building used or to be used for purposes that provide for public access or occupancy.  The term does not include:(A)  an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health;(B)  a federal building or installation;(C)  a private residence;(D)  an apartment building with not more than four dwelling units;  or(E)  a manufacturing facility or building that is part of a facility to which access is limited to workers and invited guests under controlled conditions.|Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 161.402 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter Q. Installation of Asbestos|Section 161.402. Material Safety Data Sheet Required; Asbestos Installation or Reinstallation Prohibited

Sec. 161.402.  MATERIAL SAFETY DATA SHEET REQUIRED; ASBESTOS INSTALLATION OR REINSTALLATION PROHIBITED.  The executive commissioner shall adopt rules designating the materials or replacement parts for which a person must obtain a material safety data sheet before installing the materials or parts in a public building.  A person may not install materials or replacement parts in a public building if:(1)  the person does not obtain a required material safety data sheet; or(2)  the materials or parts, according to the material safety data sheet, contain more than one percent asbestos and there is an alternative material or part.|Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0481, eff. April 2, 2015.|
TX Health & Safety Code § 161.403 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter Q. Installation of Asbestos|Section 161.403. Injunction

Sec. 161.403.  INJUNCTION.  (a)  The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a contractor who is violating or threatening to violate this subchapter.  The action may be brought in a district court of Travis County or of a county in which any part of the violation or threatened violation occurs.(b)  The district court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.|Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 161.404 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter Q. Installation of Asbestos|Section 161.404. Civil Penalty

Sec. 161.404.  CIVIL PENALTY.  (a)  A contractor who violates this subchapter is subject to a civil penalty not to exceed $10,000 a day for each violation.  Each day of violation constitutes a separate violation for purposes of penalty assessment.(b)  In determining the amount of the civil penalty, the court shall consider:(1)  the contractor's previous violations;(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(3)  whether the health and safety of the public was threatened by the violation;(4)  the demonstrated good faith of the contractor;  and(5)  the amount necessary to deter future violations.(c)  The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action under this section in a district court of Travis County or of a county in which any part of the violation occurs.(d)  The party bringing the suit may:(1)  combine a suit to assess and recover civil penalties with a suit for injunctive relief brought under Section 161.403;  or(2)  file a suit to assess and recover civil penalties independently of a suit for injunctive relief.(e)  A penalty collected under this section by the attorney general shall be deposited in the state treasury to the credit of the general revenue fund.  A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.|Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 161.405 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter Q. Installation of Asbestos|Section 161.405. Recovery of Costs

Sec. 161.405.  RECOVERY OF COSTS.  The party bringing a suit under Section 161.403 or 161.404 may recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, including investigation costs, court costs, reasonable attorney's fees, witness fees, and deposition expenses.|Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 161.406 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter Q. Installation of Asbestos|Section 161.406. Administrative Penalty

Sec. 161.406.  ADMINISTRATIVE PENALTY.  (a)  The department may impose an administrative penalty on a contractor who violates this subchapter.(b)  The amount of the penalty may not exceed $10,000 a day for a violation.  Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.(c)  The penalty amount shall be based on:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(2)  the history of previous violations;(3)  the amount necessary to deter a future violation;(4)  efforts to correct the violation;  and(5)  any other matter that justice may require.(d)  The enforcement of the penalty may be stayed during the time the order is under judicial review if the contractor pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.  A contractor who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the department to contest the affidavit as provided by those rules.(e)  The attorney general may sue to collect the penalty.(f)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 161.407 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter Q. Installation of Asbestos|Section 161.407. Remedies Cumulative

Sec. 161.407.  REMEDIES CUMULATIVE.  The civil penalty, administrative penalty, and injunction authorized by this subchapter are in addition to any other civil, administrative, or criminal action provided by law.|Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 161.451 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.451. Definitions

Sec. 161.451.  DEFINITIONS.  In this subchapter:(1)  "Delivery sale" means a sale of cigarettes or e-cigarettes to a consumer in this state in which the purchaser submits the order for the sale by means of a telephonic or other method of voice transmission, by using the mails or any other delivery service, or through the Internet or another on-line service, or the cigarettes or e-cigarettes are delivered by use of the mails or another delivery service.  A sale of cigarettes or e-cigarettes is a delivery sale regardless of whether the seller is located within or without this state.  A sale of cigarettes or e-cigarettes not for personal consumption to a person who is a wholesale dealer or a retail dealer is not a delivery sale.(2)  "Delivery service" means a person, including the United States Postal Service, that is engaged in the commercial delivery of letters, packages, or other containers.(2-a)  "E-cigarette" has the meaning assigned by Section 161.081.(3)  "Shipping container" means a container in which cigarettes or e-cigarettes are shipped in connection with a delivery sale.(4)  "Shipping documents" means a bill of lading, airbill, United States Postal Service form, or any other document used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 30, eff. October 1, 2015.|
TX Health & Safety Code § 161.452 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.452. Requirements for Delivery Sales

Sec. 161.452.  REQUIREMENTS FOR DELIVERY SALES.  (a)  A person may not make a delivery sale of cigarettes or e-cigarettes to an individual who is under the age prescribed by Section 161.082.(b)  A person taking a delivery sale order of cigarettes shall comply with:(1)  the age verification requirements prescribed by Section 161.453;(2)  the disclosure requirements prescribed by Section 161.454;(3)  the registration and reporting requirements prescribed by Section 161.456;(4)  the tax collection requirements prescribed by Section 161.457; and(5)  each law of this state that generally applies to sales of cigarettes that occur entirely within this state, including a law:(A)  imposing a tax; or(B)  prescribing a permitting or tax-stamping requirement.(c)  A person taking a delivery sale order of e-cigarettes shall comply with:(1)  the age verification requirements prescribed by Section 161.453;(2)  the disclosure requirements prescribed by Section 161.454;(3)  the registration and reporting requirements prescribed by Section 161.456; and(4)  each law of this state that generally applies to sales of e-cigarettes that occur entirely within this state.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 31, eff. October 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 17, eff. September 1, 2019.|
TX Health & Safety Code § 161.454 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.454. Disclosure Requirements

Sec. 161.454.  DISCLOSURE REQUIREMENTS.  (a)  The notice required by Section 161.453(a)(3) for a delivery sale of cigarettes must include a prominent and clearly legible statement that:(1)  cigarette sales to individuals who are below the age prescribed by Section 161.082 are illegal under state law;(2)  sales of cigarettes are restricted to those individuals who provide verifiable proof of age in accordance with Section 161.453; and(3)  cigarette sales are taxable under Chapter 154, Tax Code, and an explanation of how that tax has been or is to be paid with respect to the delivery sale.(b)  A delivery sale of an e-cigarette must include a prominent and clearly legible statement that:(1)  e-cigarette sales to individuals younger than the age prescribed by Section 161.082 are illegal under state law; and(2)  e-cigarette sales are restricted to individuals who provide verifiable proof of age in accordance with Section 161.453.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 33, eff. October 1, 2015.|
TX Health & Safety Code § 161.456 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.456. Registration and Reporting Requirements

Sec. 161.456.  REGISTRATION AND REPORTING REQUIREMENTS.  (a)  A person may not make a delivery sale or ship cigarettes or e-cigarettes in connection with a delivery sale unless the person first files with the comptroller a statement that includes:(1)  the person's name and trade name; and(2)  the address of the person's principal place of business and any other place of business, and the person's telephone number and e-mail address.(b)  Except as provided by Subsection (d), not later than the 10th day of each month, each person who has made a delivery sale or shipped or delivered cigarettes or e-cigarettes in connection with a delivery sale during the previous month shall file with the comptroller a memorandum or a copy of the invoice that provides for each delivery sale:(1)  the name, address, telephone number, and e-mail address of the individual to whom the delivery sale was made;(2)  the brand or brands of the cigarettes or e-cigarettes that were sold; and(3)  the quantity of cigarettes or e-cigarettes that were sold.(c)  With respect to cigarettes, a person who complies with 15 U.S.C. Section 376, as amended, is considered to have complied with this section.(d)  A person is exempt from the requirement of filing with the comptroller a memorandum or a copy of an invoice under Subsection (b) if, in the two years preceding the date the report is due, the person has not violated this subchapter and has not been reported under Section 161.090 to the comptroller as having violated Subchapter H.(e)  A person required to submit a memorandum or a copy of an invoice under Subsection (b) shall submit a memorandum or a copy of an invoice to the comptroller for each delivery sale of a cigarette or e-cigarette in the previous two years unless the person has previously submitted the memorandum or copy to the comptroller.(f)  A person shall maintain records of compliance with this section until at least the fourth anniversary of the date the record was prepared.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 35, eff. October 1, 2015.|
TX Health & Safety Code § 161.457 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.457. Collection of Taxes

Sec. 161.457.  COLLECTION OF TAXES.  A person who makes a delivery sale shall collect and remit to the comptroller any taxes imposed by this state in relation to the delivery sale.  A person is not required to collect and remit any taxes for which the person has obtained proof, in the form of the presence of applicable tax stamps or otherwise, that the taxes have already been paid to this state.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 161.458 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.458. General Offenses

Sec. 161.458.  GENERAL OFFENSES.  (a)  A person commits an offense if the person violates a provision of this subchapter for which a criminal penalty is not otherwise provided.(b)  An offense under Subsection (a) is a Class C misdemeanor.(c)  If it is shown on the trial of a person that the person has previously been convicted of an offense under this section, the offense is a Class B misdemeanor.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 161.459 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.459. Knowing Violation

Sec. 161.459.  KNOWING VIOLATION.  (a)  A person who knowingly violates a provision of this subchapter or who knowingly submits a certification under Section 161.453(a)(1) in another person's name commits an offense.(b)  An offense under this section is a felony of the third degree.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 161.460 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.460. Civil Penalty for Nonpayment of Tax

Sec. 161.460.  CIVIL PENALTY FOR NONPAYMENT OF TAX.  A person who fails to pay a tax imposed in connection with a delivery sale shall pay to the state a civil penalty in an amount equal to five times the amount of the tax due.  The penalty provided by this section is in addition to any other penalty provided by law.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 161.461 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.461. Forfeiture

Sec. 161.461.  FORFEITURE.  (a)  Cigarettes or e-cigarettes sold or that a person attempted to sell in a delivery sale that does not comply with this subchapter are forfeited to the state and shall be destroyed.(b)  A fixture, equipment, or other material or personal property on the premises of a person who, with the intent to defraud this state, fails to comply with this subchapter is forfeited to the state.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 36, eff. October 1, 2015.|
TX Health & Safety Code § 161.462 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes|Section 161.462. Enforcement

Sec. 161.462.  ENFORCEMENT.  The attorney general or the attorney general's designee may bring an action in a court of this state to prevent or restrain a violation of this subchapter by any person or by a person controlling such a person.|Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.|