reglab/housing_qa huggingface dataset:
TX Occ Code § 51.0535 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.0535. Conflict of Interest

Sec. 51.0535.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide 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 commission 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.), and its subsequent amendments, if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a field regulated by the department;  or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field regulated by the department.(c)  A person may not be a member of the commission or act as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.005, eff. Sept. 1, 2003.|
TX Occ Code § 51.054 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.054. Training

Sec. 51.054.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.(b)  The training program must provide the person with information regarding:(1)  the law governing department operations;(2)  the programs, functions, rules, and budget of  the department;(3)  the scope of and limitations on the rulemaking authority of the commission;(4)   the results of the most recent formal audit of the department;(5)  the requirements of:(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and(B)  other laws applicable to members of a state policy-making body in performing their duties; and(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.(d)  The executive director of the department shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.006, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.03, eff. September 1, 2021.|
TX Occ Code § 51.055 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.055. Terms; Vacancy

Sec. 51.055.  TERMS;  VACANCY.  (a)  Members of the commission serve staggered six-year terms.  The terms of two or three members expire on February 1 of each odd-numbered year.(b)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 1.007, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1170, Sec. 25.02, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.001, eff. September 1, 2005.|
TX Occ Code § 51.056 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.056. Presiding Officer

Sec. 51.056.  PRESIDING OFFICER.  (a)  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.(b)  The presiding officer may vote on all matters before the commission as provided by Robert's Rules of Order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 9, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.008, eff. Sept. 1, 2003.|
TX Occ Code § 51.057 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.057. Grounds for Removal

Sec. 51.057.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the commission that a member:(1)  does not have at the time of taking office the qualifications required by Section 51.053;(2)  does not maintain during service on the commission the qualifications required by Section 51.053;(3)  is ineligible for membership under Section 51.0535;(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission 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 executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 10, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.009, eff. Sept. 1, 2003.|
TX Occ Code § 51.058 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.058. Compensation; Reimbursement

Sec. 51.058.  COMPENSATION;  REIMBURSEMENT.  (a)  A commission member may not receive compensation for service on the commission.(b)  A commission member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a commission member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 51.059 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.059. Meetings

Sec. 51.059.  MEETINGS.  (a)  The commission shall meet at least once in each quarter of the fiscal year.(b)  The commission may meet at other times at the call of the presiding officer or as provided by commission rules.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 11, eff. June 14, 2001.|
TX Occ Code § 51.060 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter B. Department and Commission|Section 51.060. Civil Liability

Sec. 51.060.  CIVIL LIABILITY.  A member of the commission is not liable in a civil action for an act performed in good faith while performing duties as a commission member.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 51.101 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter C. Executive Director and Other Department Personnel|Section 51.101. Executive Director

Sec. 51.101.  EXECUTIVE DIRECTOR.  The commission shall appoint the executive director of the department.  The executive director serves at the will of the commission.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 13, eff. June 14, 2001.|
TX Occ Code § 51.103 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter C. Executive Director and Other Department Personnel|Section 51.103. Executive Director Powers and Duties

Sec. 51.103.  EXECUTIVE DIRECTOR POWERS AND DUTIES.  (a)  The executive director shall:(1)  perform any duties assigned by the commission and other duties specified by law;(2)  administer and enforce the department's programs;  and(3)  issue licenses authorized by the laws establishing programs regulated by the department.(b)  The executive director may delegate any power or duty assigned to the executive director unless prohibited by statute or rule.(c)  The executive director may:(1)  impose sanctions and issue orders relating to a sanction as provided by Section 51.353;  and(2)  assess an administrative penalty or issue an order relating to an administrative penalty as authorized by a law establishing a program regulated by the department or as provided by Sections 51.301 and 51.302.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 14, eff. June 14, 2001.|
TX Occ Code § 51.104 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter C. Executive Director and Other Department Personnel|Section 51.104. Personnel

Sec. 51.104.  PERSONNEL.  The executive director may employ persons to perform the department's work and may prescribe their duties and compensation, subject to the personnel policies adopted by the commission and the commission's approval of the budget.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 15, eff. June 14, 2001.|
TX Occ Code § 51.105 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter C. Executive Director and Other Department Personnel|Section 51.105. Division of Responsibilities

Sec. 51.105.  DIVISION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the department.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 16, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.010, eff. Sept. 1, 2003.|
TX Occ Code § 51.106 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter C. Executive Director and Other Department Personnel|Section 51.106. Information on Standards of Conduct

Sec. 51.106.  INFORMATION ON STANDARDS OF CONDUCT.  The executive director or the executive director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.011, eff. Sept. 1, 2003.|
TX Occ Code § 51.107 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter C. Executive Director and Other Department Personnel|Section 51.107. Career Ladder Program; Performance Evaluations

Sec. 51.107.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director shall develop a career ladder program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.(b)  The executive director shall develop a system of employee performance evaluations.  The system must require that evaluations be conducted at least annually.  All merit pay for department employees must be based on the system established under this subsection.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 17, eff. June 14, 2001.|
TX Occ Code § 51.108 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter C. Executive Director and Other Department Personnel|Section 51.108. Equal Employment Opportunity Policy

Sec. 51.108.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.(b)  The policy statement must include:(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and(2)  an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.(c)  The policy statement must:(1)  be updated annually;(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and(3)  be filed with the governor's office.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 18, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.012, eff. Sept. 1, 2003.|
TX Occ Code § 51.201 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.201. General Powers and Duties of Commission

Sec. 51.201.  GENERAL POWERS AND DUTIES OF COMMISSION.  (a)  The commission shall:(1)  supervise the executive director's administration of the department;(2)  formulate the policy objectives for the department;  and(3)  approve the department's operating budget and the department's requests for legislative appropriations.(b)  The commission:(1)  may adopt rules as necessary for its own procedures;  and(2)  shall adopt rules as necessary to implement this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 19, eff. June 14, 2001.|
TX Occ Code § 51.202 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.202. Fees

Sec. 51.202.  FEES.  (a)  The commission shall set fees, in amounts reasonable and necessary to cover the costs of administering the programs or activities, for:(1)  licenses issued by the department;(2)  license renewals and late renewals;(3)  examinations;  and(4)  any other program or activity administered by the department for which a fee is authorized.(b)  The executive director by rule may provide for prorating fees for the issuance of a license, so that a person regulated by the department pays only that portion of the applicable fee that is allocable to the number of months during which the license is valid.(c)  The executive director shall develop cost management procedures that enable the commission to determine with reasonable accuracy the cost to the department of each program and activity for which a fee is charged.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 20, eff. June 14, 2001.|
TX Occ Code § 51.203 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.203. Rules Regarding Programs Regulated by Department

Sec. 51.203.  RULES REGARDING PROGRAMS REGULATED BY DEPARTMENT.  (a)  The commission shall adopt rules as necessary to implement each law establishing a program regulated by the department.(b)  Notwithstanding any other law, for each program regulated by the department, including a program under which a license is issued by the department, the commission by rule may establish:(1)  the length of a license term, not to exceed two years;(2)  a fee for the issuance or renewal of a license; and(3)  any continuing education required to renew a license.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 21, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.014, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.001, eff. September 1, 2019.|
TX Occ Code § 51.2031 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.2031. Rules Regarding Health-Related Programs; Provision of Information

Sec. 51.2031.  RULES REGARDING HEALTH-RELATED PROGRAMS; PROVISION OF INFORMATION.  (a)  This section applies only to the regulation of the following professions by the department:(1)  athletic trainers;(2)  behavior analysts;(3)  dietitians;(4)  hearing instrument fitters and dispensers;(5)  midwives;(6)  orthotists and prosthetists; and(7)  speech-language pathologists and audiologists.(a-1)  The commission may not adopt a new rule relating to the scope of practice of or a health-related standard of care for a profession to which this section applies unless the rule has been proposed by the advisory board established for that profession.  The commission shall adopt rules prescribing the procedure by which an advisory board may propose rules described by this subsection.(a-2)  For each rule proposed under Subsection (a-1), the commission shall either adopt the rule as proposed or return the rule to the advisory board for revision.  The commission retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process. (b)  The commission shall adopt rules clearly specifying the manner in which the department and commission will solicit input from, and on request provide information to, an advisory board established for a profession to which this section applies regarding the general investigative, enforcement, or disciplinary procedures of the department or commission.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.001, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 1, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.002, eff. September 1, 2019.|
TX Occ Code § 51.2032 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.2032. Rules Regarding Podiatry; Provision of Information

Sec. 51.2032.  RULES REGARDING PODIATRY; PROVISION OF INFORMATION.  (a)  In this section, "advisory board" means the Podiatric Medical Examiners Advisory Board.(b)  The commission may not adopt a new rule relating to the scope of practice of, a health-related standard of care for, or the ethical practice of the profession of podiatry unless the rule has been proposed by the advisory board.  The commission shall adopt rules prescribing the procedure by which the advisory board may propose rules described by this subsection.(c)  For each rule proposed under Subsection (b), the commission shall either adopt the rule as proposed or return the rule to the advisory board for revision.  The commission retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process.(d)  The commission shall adopt rules clearly specifying the manner in which the department and commission will solicit input from, and on request provide information to, the advisory board regarding:(1)  continuing education requirements; and(2)  the general investigative, enforcement, or disciplinary procedures of the department or commission.|Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 2, eff. September 1, 2017.|
TX Occ Code § 51.204 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter D. Powers and Duties|Section 51.204. Rules Restricting Advertising or Competitive Bidding

Sec. 51.204.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, or deceptive practices.(b)  The commission may not include in rules to prohibit false, misleading, or deceptive practices by a license holder a rule that:(1)  restricts the use of any advertising medium;(2)  restricts the license holder's personal appearance or the use of the license holder's voice in an advertisement;(3)  relates to the size or duration of an advertisement;  or(4)  restricts the use of a trade name in advertising.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 22, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.014, eff. Sept. 1, 2003.|