reglab/housing_qa huggingface dataset:
TX Govt Code § 2306.033 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.033. Removal of Members

Sec. 2306.033.  REMOVAL OF MEMBERS.  (a)  It is a ground for removal from the board that a member:(1)  does not have at the time of taking office the qualifications required by Section 2306.027;(2)  does not maintain during service on the board the qualifications required by Section 2306.027;(3)  is ineligible for membership under Section 2306.027(c), 2306.034, or 2306.035;(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board;  or(6)  engages in misconduct or unethical or criminal behavior.(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c)  If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 9, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.|
TX Govt Code § 2306.034 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.034. Disqualification of Members and Certain Employees

Sec. 2306.034.  DISQUALIFICATION OF MEMBERS AND CERTAIN EMPLOYEES.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be a member of the board and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of banking, real estate, housing development, or housing construction;  or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of banking, real estate, housing development, or housing construction.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.|
TX Govt Code § 2306.035 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.035. Lobbyist Restriction

Sec. 2306.035.  LOBBYIST RESTRICTION.  A person may not be a member of the board or act as the director of the department or the general counsel to the board or the department if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the department.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.|
TX Govt Code § 2306.036 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.036. Employment of Director

Sec. 2306.036.  EMPLOYMENT OF DIRECTOR.  (a)  With the approval of the governor, the board shall employ a director to serve at the pleasure of the board.(b)  After the election of a governor who did not approve the director's employment under Subsection (a), that governor may remove the director and require the board to employ a new director in accordance with Subsection (a).  The governor must act under this subsection before the 90th day after the date the governor takes office.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 519, Sec. 1, eff. June 18, 1999.|
TX Govt Code § 2306.037 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.037. Director's Compensation

Sec. 2306.037.  DIRECTOR'S COMPENSATION.  The board shall set the salary of the director.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 519, Sec. 2, eff. June 18, 1999.|
TX Govt Code § 2306.038 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.038. Acting Director

Sec. 2306.038.  ACTING DIRECTOR.  The board shall establish a procedure for designating an acting director and shall, with the approval of the governor, immediately designate an acting director or a new permanent director if the position becomes vacant because of absence or disability.  A director designated under this section serves at the pleasure of the board but is subject to removal by a newly elected governor in accordance with Section 2306.036(b).|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 519, Sec. 3, eff. June 18, 1999.|
TX Govt Code § 2306.039 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.039. Open Meetings and Open Records

Sec. 2306.039.  OPEN MEETINGS AND OPEN RECORDS.  (a)  Except as provided by Subsections (b) and (c), the department and the Texas State Affordable Housing Corporation are subject to Chapters 551 and 552.(b)  Chapters 551 and 552 do not apply to the personal or business financial information, including social security numbers, taxpayer identification numbers, or bank account numbers, submitted by a housing sponsor or an individual or family to receive a loan, grant, or other housing assistance under a program administered by the department or the Texas State Affordable Housing Corporation or from bonds issued by the department, except that the department and the corporation are permitted to disclose information about any applicant in a form that does not reveal the identity of the sponsor, individual, or family for purposes of determining eligibility for programs and in preparing reports required under this chapter.(c)  The department's internal auditor, fraud prevention coordinator, or ethics advisor may meet in an executive session of the board to discuss issues related to fraud, waste, or abuse.|Added by Acts 1997, 75th Leg., ch. 980, Sec. 10, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 9, eff. September 1, 2007.|
TX Govt Code § 2306.040 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.040. Department Participation in Legislative Hearing

Sec. 2306.040.  DEPARTMENT PARTICIPATION IN LEGISLATIVE HEARING.  On request, the department shall participate in any public hearing conducted by a legislator to discuss a rule to be adopted by the department.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.041 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.041. Imposition of Penalty

Sec. 2306.041.  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 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.042 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.042. Amount of Penalty

Sec. 2306.042.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $1,000 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 history of previous violations;(3)  the amount necessary to deter a future violation;(4)  efforts made to correct the violation; and(5)  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 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.043 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.043. Report and Notice of Violation and Penalty

Sec. 2306.043.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the director determines that a violation occurred, the director shall issue to the board a report stating:(1)  the facts on which the determination is based; and(2)  the director's recommendation on the imposition of the penalty, including a recommendation on the amount of the penalty.(b)  Not later than the 14th day after the date the report is issued, the director shall give written notice of the report to the person.(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 before the State Office of Administrative Hearings on the occurrence of the violation, the amount of the penalty, or both.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.02, eff. September 1, 2013.|
TX Govt Code § 2306.044 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.044. Penalty to Be Paid or Hearing Requested

Sec. 2306.044.  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 director; or(2)  make a request for a hearing before the State Office of Administrative Hearings 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 director, the board by order shall approve the determination and impose the recommended penalty.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.03, eff. September 1, 2013.|
TX Govt Code § 2306.045 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.045. Hearing

Sec. 2306.045.  HEARING.  (a)  If the person requests a hearing before the State Office of Administrative Hearings or fails to respond in a timely manner to the notice, the director shall set a hearing and give written notice of the hearing to the person.(b)  The State Office of Administrative Hearings shall:(1)  hold the hearing;(2)  make findings of fact and conclusions of law about the occurrence of the violation and the amount of a proposed penalty; and(3)  issue a proposal for decision regarding the penalty and provide notice of the proposal to the board.(c)  Any administrative proceedings relating to the imposition of a penalty under Section 2306.041 is a contested case under Chapter 2001.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.04, eff. September 1, 2013.|
TX Govt Code § 2306.046 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.046. Decision by Board

Sec. 2306.046.  DECISION BY BOARD.(a)  The board shall issue an order after receiving a proposal for decision from the State Office of Administrative Hearings under Section 2306.045.(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 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.05, eff. September 1, 2013.|
TX Govt Code § 2306.047 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.047. Options Following Decision: Pay or Appeal

Sec. 2306.047.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  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.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.048 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.048. Stay of Enforcement of Penalty

Sec. 2306.048.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the 30-day period prescribed by Section 2306.047, 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 director by certified mail.(b)  If the director receives a copy of an affidavit under Subsection (a)(2), the 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 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.049 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.049. Decision by Court

Sec. 2306.049.  DECISION BY COURT.  (a)  Judicial review of a board order imposing an administrative penalty is under the substantial evidence rule.(b)  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.(c)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed and may award the person reasonable attorney's fees.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.06, eff. September 1, 2013.|
TX Govt Code § 2306.050 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.050. Remittance of Penalty and Interest

Sec. 2306.050.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person.(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.0501 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.0501. Release of Bond

Sec. 2306.0501.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.0502 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.0502. Collection of Penalty

Sec. 2306.0502.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.(b)  The attorney general may sue to collect the penalty.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.0503 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.0503. Administrative Procedure

Sec. 2306.0503.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.|
TX Govt Code § 2306.0504 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter B. Governing Board and Department|Section 2306.0504. Debarment From Program Participation

Sec. 2306.0504.  DEBARMENT FROM PROGRAM PARTICIPATION.  (a)  The department shall develop, and the board by rule shall adopt, a policy providing for the debarment of a person from participation in programs administered by the department.(b)  The department may debar a person from participation in a department program on the basis of the person's past failure to comply with any condition imposed by the department in the administration of its programs.(c)  The department shall debar a person from participation in a department program if the person:(1)  materially or repeatedly violates any condition imposed by the department in connection with the administration of a department program, including a material or repeated violation of a land use restriction agreement regarding a development supported with a housing tax credit allocation; or(2)  is debarred from participation in federal housing programs by the United States Department of Housing and Urban Development.(d)  A person debarred by the department from participation in a department program may appeal the person's debarment to the board.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.Transferred, redesignated and amended from Government Code, Section 2306.6721 by Acts 2013, 83rd Leg., R.S., Ch. 556 (S.B. 659), Sec. 1, eff. September 1, 2013.Transferred, redesignated and amended from Government Code, Section 2306.6721 by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.07, eff. September 1, 2013.|