reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 486.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.025. Hearing

Sec. 486.025.  HEARING.  (a)  If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date, and the department shall give written notice of the time and place of the hearing to the person.  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.(b)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.|Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1256, eff. April 2, 2015.|
TX Health & Safety Code § 486.026 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.026. Decision

Sec. 486.026.  DECISION.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the department 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 department's order under Subsection (a) that is sent to the person in the manner provided by Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.|Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1257, eff. April 2, 2015.|
TX Health & Safety Code § 486.027 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.027. Options Following Decision: Pay or Appeal

Sec. 486.027.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Before the 31st day after the date the order under Section 486.026 that imposes an administrative penalty becomes final, the person shall:(1)  pay the penalty; or(2)  file a petition for judicial review of the order contesting the occurrence of the violation, the amount of the penalty, or both.|Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.|
TX Health & Safety Code § 486.028 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.028. Stay of Enforcement of Penalty

Sec. 486.028.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the period prescribed by Section 486.027, a person who files a petition for judicial review may:(1)  stay enforcement of the penalty by:(A)  paying the amount of 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 order is final; or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court an 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 department by certified mail.(b)  Following receipt of a copy of an affidavit under Subsection (a)(2), the department may file with the court, before the sixth day after the date of receipt, a contest to the affidavit.  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 or to give a supersedeas bond.|Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1258, eff. April 2, 2015.|
TX Health & Safety Code § 486.029 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.029. Collection of Penalty

Sec. 486.029.  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 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.|
TX Health & Safety Code § 486.030 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.030. Decision by Court

Sec. 486.030.  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 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.|
TX Health & Safety Code § 486.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.031. Remittance of Penalty and Interest

Sec. 486.031.  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 before the 31st day after the date that the judgment of the court becomes final.(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 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.|
TX Health & Safety Code § 486.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.032. Release of Bond

Sec. 486.032.  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 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.|
TX Health & Safety Code § 486.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine|Subchapter C. Administrative Penalty|Section 486.033. Administrative Procedure

Sec. 486.033.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty under this subchapter is considered to be a contested case under Chapter 2001, Government Code.|Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.|
TX Health & Safety Code § 487.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter A. General Provisions|Section 487.001. Definitions

Sec. 487.001.  DEFINITIONS.  In this chapter:(1)  "Department" means the Department of Public Safety.(2)  "Director" means the public safety director of the department.(3)  "Dispensing organization" means an organization licensed by the department to cultivate, process, and dispense low-THC cannabis to a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code.(4)  "Low-THC cannabis" has the meaning assigned by Section 169.001, Occupations Code.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter B. Duties of Department|Section 487.051. Duties of Department

Sec. 487.051.  DUTIES OF DEPARTMENT.  The department shall administer this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter B. Duties of Department|Section 487.052. Rules

Sec. 487.052.  RULES.  The director shall adopt any rules necessary for the administration and enforcement of this chapter, including rules imposing fees under this chapter in amounts sufficient to cover the cost of administering this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter B. Duties of Department|Section 487.053. Licensing of Dispensing Organizations and Registration of Certain Associated Individuals

Sec. 487.053.  LICENSING OF DISPENSING ORGANIZATIONS AND REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS.  (a)  The department shall:(1)  issue or renew a license to operate as a dispensing organization to each applicant who satisfies the requirements established under this chapter; and(2)  register directors, managers, and employees of each dispensing organization.(b)  Subject to Section 411.503, Government Code, the department shall enforce compliance of licensees and registrants and shall adopt procedures for suspending or revoking a license or registration issued under this chapter and for renewing a license or registration issued under this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.008, eff. September 1, 2019.|
TX Health & Safety Code § 487.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter B. Duties of Department|Section 487.054. Compassionate-Use Registry

Sec. 487.054.  COMPASSIONATE-USE REGISTRY.  (a)  The department shall establish and maintain a secure online compassionate-use registry that contains:(1)  the name of each physician who registers as the prescriber for a patient under Section 169.004, Occupations Code, the name and date of birth of the patient, the dosage prescribed, the means of administration ordered, and the total amount of low-THC cannabis required to fill the patient's prescription; and(2)  a record of each amount of low-THC cannabis dispensed by a dispensing organization to a patient under a prescription.(b)  The department shall ensure the registry:(1)  is designed to prevent more than one qualified physician from registering as the prescriber for a single patient;(2)  is accessible to law enforcement agencies and dispensing organizations for the purpose of verifying whether a patient is one for whom low-THC cannabis is prescribed and whether the patient's prescriptions have been filled; and (3)  allows a physician qualified to prescribe low-THC cannabis under Section 169.002, Occupations Code, to input safety and efficacy data derived from the treatment of patients for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.101. License Required

Sec. 487.101.  LICENSE REQUIRED.  A license issued by the department under this chapter is required to operate a dispensing organization.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.102. Eligibility for License

Sec. 487.102.  ELIGIBILITY FOR LICENSE.  An applicant for a license to operate as a dispensing organization is eligible for the license if:(1)  as determined by the department, the applicant possesses:(A)  the technical and technological ability to cultivate and produce low-THC cannabis;(B)  the ability to secure:(i)  the resources and personnel necessary to operate as a dispensing organization; and(ii)  premises reasonably located to allow patients listed on the compassionate-use registry access to the organization through existing infrastructure;(C)  the ability to maintain accountability for the raw materials, the finished product, and any by-products used or produced in the cultivation or production of low-THC cannabis to prevent unlawful access to or unlawful diversion or possession of those materials, products, or by-products; and(D)  the financial ability to maintain operations for not less than two years from the date of application;(2)  each director, manager, or employee of the applicant is registered under Subchapter D; and(3)  the applicant satisfies any additional criteria determined by the director to be necessary to safely implement this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.103 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.103. Application

Sec. 487.103.  APPLICATION.  (a)  A person may apply for an initial or renewal license to operate as a dispensing organization by submitting a form prescribed by the department along with the application fee in an amount set by the director.(b)  The application must include the name and address of the applicant, the name and address of each of the applicant's directors, managers, and employees, and any other information considered necessary by the department to determine the applicant's eligibility for the license.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.104 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.104. Issuance, Renewal, or Denial of License

Sec. 487.104.  ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.  (a)  The department shall issue or renew a license to operate as a dispensing organization only if:(1)  the department determines the applicant meets the eligibility requirements described by Section 487.102; and(2)  issuance or renewal of the license is necessary to ensure reasonable statewide access to, and the availability of, low-THC cannabis for patients registered in the compassionate-use registry and for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code.(b)  If the department denies the issuance or renewal of a license under Subsection (a), the applicant is entitled to a hearing.  Chapter 2001, Government Code, applies to a proceeding under this section.(c)  A license issued or renewed under this section expires as determined by the department in accordance with Section 411.511, Government Code.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.009, eff. September 1, 2019.|
TX Health & Safety Code § 487.105 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.105. Criminal History Background Check

Sec. 487.105.  CRIMINAL HISTORY BACKGROUND CHECK.  (a)  An applicant for the issuance or renewal of a license to operate as a dispensing organization shall provide the department with the applicant's name and the name of each of the applicant's directors, managers, and employees.(b)  Before a dispensing organization licensee hires a manager or employee for the organization, the licensee must provide the department with the name of the prospective manager or employee.  The licensee may not transfer the license to another person before that prospective applicant and the applicant's directors, managers, and employees pass a criminal history background check and are registered as required by Subchapter D.(c)  The department shall conduct a criminal history background check on each individual whose name is provided to the department under Subsection (a) or (b).  The director by rule shall:(1)  require each individual whose name is provided to the department under Subsection (a) or (b) to submit a complete set of fingerprints to the department on a form prescribed by the department for purposes of a criminal history background check under this section; and(2)  establish criteria for determining whether an individual passes the criminal history background check for the purposes of this section.(d)  After conducting a criminal history background check under this section, the department shall notify the relevant applicant or organization and the individual who is the subject of the criminal history background check as to whether the individual passed the criminal history background check.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.010, eff. September 1, 2019.|
TX Health & Safety Code § 487.106 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.106. Duty to Maintain Eligibility

Sec. 487.106.  DUTY TO MAINTAIN ELIGIBILITY.  A dispensing organization must maintain compliance at all times with the eligibility requirements described by Section 487.102.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.107 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.107. Duties Relating to Dispensing Prescription

Sec. 487.107.  DUTIES RELATING TO DISPENSING PRESCRIPTION.  (a)  Before dispensing low-THC cannabis to a person for whom the low-THC cannabis is prescribed under Chapter 169, Occupations Code, the dispensing organization must verify that the prescription presented:(1)  is for a person listed as a patient in the compassionate-use registry;(2)  matches the entry in the compassionate-use registry with respect to the total amount of low-THC cannabis required to fill the prescription; and(3)  has not previously been filled by a dispensing organization as indicated by an entry in the compassionate-use registry.(b)  After dispensing low-THC cannabis to a patient for whom the low-THC cannabis is prescribed under Chapter 169, Occupations Code, the dispensing organization shall record in the compassionate-use registry the form and quantity of low-THC cannabis dispensed and the date and time of dispensation.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|
TX Health & Safety Code § 487.108 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 487 - Texas Compassionate-Use Act|Subchapter C. License to Operate as Dispensing Organization|Section 487.108. License Suspension or Revocation

Sec. 487.108.  LICENSE SUSPENSION OR REVOCATION.  (a)  The department may at any time suspend or revoke a license issued under this chapter if the department determines that the licensee has not maintained the eligibility requirements described by Section 487.102 or has failed to comply with a duty imposed under this chapter.(b)  The director shall give written notice to the dispensing organization of a license suspension or revocation under this section and the grounds for the suspension or revocation.  The notice must be sent by certified mail, return receipt requested.(c)  After suspending or revoking a license issued under this chapter, the director may seize or place under seal all low-THC cannabis and drug paraphernalia owned or possessed by the dispensing organization.  If the director orders the revocation of the license, a disposition may not be made of the seized or sealed low-THC cannabis or drug paraphernalia until the time for administrative appeal of the order has elapsed or until all appeals have been concluded.  When a revocation order becomes final, all low-THC cannabis and drug paraphernalia may be forfeited to the state as provided under Subchapter E, Chapter 481.(d)  Chapter 2001, Government Code, applies to a proceeding under this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.|