reglab/housing_qa huggingface dataset:
TX Govt Code § 2005.003 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter A. Permit Processing|Section 2005.003. Permit Processing Periods

Sec. 2005.003.  PERMIT PROCESSING PERIODS.  (a)  A state agency that issues permits shall adopt procedural rules for processing permit applications and issuing permits.(b)  The rules must specify:(1)  the period, beginning on the date the agency receives an initial permit application, in which the agency must provide written notice to the applicant:(A)  stating that the permit application is complete and accepted for filing;  or(B)  stating that the permit application is incomplete and specifying the additional information required for acceptance;  and(2)  the period, beginning on the date the agency receives a complete permit application, in which the agency must deny or approve the permit application.(c)  A state agency may establish separate rules under this section for contested and uncontested cases.(d)  A state agency shall publish with rules proposed under this section:(1)  a statement of the agency's minimum, maximum, and median times for processing a permit application from the date the agency received an initial permit application to the date of the final permit decision using the agency's performance in the 12 months preceding the date the proposed rules are published;  and(2)  a justification of the periods proposed by the rules.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2005.004 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter A. Permit Processing|Section 2005.004. Good Cause

Sec. 2005.004.  GOOD CAUSE.  A state agency has good cause to exceed the period it establishes for processing a permit application if:(1)  the number of permit applications to be processed exceeds by at least 15 percent the number of permit applications processed in the same quarter of the previous calendar year;(2)  the agency must rely on another public or private entity to process all or a part of the permit applications received by the agency, and the delay is caused by that entity;  or(3)  other conditions exist that give the agency good cause for exceeding the established period.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2005.005 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter A. Permit Processing|Section 2005.005. Duty of Head of Agency

Sec. 2005.005.  DUTY OF HEAD OF AGENCY.  The head of each state agency shall ensure that the agency complies with this subchapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 6, eff. September 1, 2007.|
TX Govt Code § 2005.006 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter A. Permit Processing|Section 2005.006. Complaint Procedure

Sec. 2005.006.  COMPLAINT PROCEDURE.  (a)  A state agency subject to this subchapter shall establish by rule a complaint procedure through which a permit applicant can:(1)  complain directly to the chief administrator of the agency if the agency exceeds the established period for processing permits; and(2)  request a timely resolution of any dispute arising from the delay.(b)  The rules must provide for the reimbursement of all filing fees paid by the applicant for a permit application if the chief administrator of the state agency determines that:(1)  the agency exceeded the established period for permit processing;  and(2)  the agency did not establish good cause for exceeding the established period.(c)  The state agency shall include information about the complaint procedure in permit application forms issued by the agency.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 7, eff. September 1, 2007.|
TX Govt Code § 2005.007 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter A. Permit Processing|Section 2005.007. Reports

Sec. 2005.007.  REPORTS.  (a)  A state agency that issues permits shall report biennially to the governor and the legislature on its permit application system.(b)  The report must include:(1)  a statement of the periods the agency has adopted under this subchapter for processing each type of permit it issues, specifying any changes the agency made since the last report;(2)  a statement of the minimum, maximum, and median times for processing each type of permit during the period since the last report from the date the agency receives the initial permit application to the final permit decision;(3)  a description of the complaint procedure required by Section 2005.006;(4)  a summary of the number and disposition of complaints received by the agency under Section 2005.006 since the last report; and(5)  a description of specific actions taken by the agency since the last report to simplify and improve its permit application, processing, and paperwork requirements.(c)  A state agency shall include the information required by Subsection (b) in each performance report the agency submits to the Legislative Budget Board.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 8, eff. September 1, 2007.|
TX Govt Code § 2005.051 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter B. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information|Section 2005.051. Definitions

Sec. 2005.051.  DEFINITIONS.  In this subchapter:(1)  "License" means a license, certificate, registration, permit, or other authorization:(A)  that is issued by a licensing authority;(B)  that is subject before expiration to suspension, revocation, forfeiture, or termination by the issuing licensing authority; and(C)  that a person must obtain to:(i)  practice or engage in a particular business, occupation, or profession; or(ii)  engage in any other regulated activity, including hunting, fishing, or other recreational activity for which a license or permit is required.(2)  "Licensing authority" means an agency of the executive, legislative, or judicial branch of state government that issues a license.|Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.|
TX Govt Code § 2005.052 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter B. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information|Section 2005.052. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information

Sec. 2005.052.  DENIAL, SUSPENSION, OR REVOCATION FOR FALSE STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION.  (a)  A licensing authority may deny a person's application for a license or suspend or revoke a person's license if the licensing authority determines, after notice and hearing, that the person knowingly:(1)  made a false statement in connection with applying for or renewing the license;(2)  made a material misrepresentation to the licensing authority in connection with applying for or renewing the license;(3)  refused to provide information requested by the licensing authority; or(4)  failed to provide all of the person's criminal history information in response to the licensing authority's request for the information.(b)  A denial, suspension, or revocation by a licensing authority under this section is governed by the administrative procedures that apply to other disciplinary actions taken by the licensing authority.|Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.|
TX Govt Code § 2005.053 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits|Subchapter B. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information|Section 2005.053. Criminal Prosecution

Sec. 2005.053.  CRIMINAL PROSECUTION.  A person who knowingly makes a false statement in connection with applying for or renewing a license may be subject to criminal prosecution under Section 37.10, Penal Code.|Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.|
TX Govt Code § 2006.001 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter A. Adoption of Rules|Section 2006.001. Definitions

Sec. 2006.001.  DEFINITIONS.  In this subchapter:(1)  "Micro-business" means a legal entity, including a corporation, partnership, or sole proprietorship, that:(A)  is formed for the purpose of making a profit;(B)  is independently owned and operated;  and(C)  has not more than 20 employees.(1-a) "Rural community" means a municipality with a population of less than 25,000.(2)  "Small business" means a legal entity, including a corporation, partnership, or sole proprietorship, that:(A)  is formed for the purpose of making a profit;(B)  is independently owned and operated;  and(C)  has fewer than 100 employees or less than $6 million in annual gross receipts.(3)  "State agency" means a department, board, bureau, commission, division, office, council, or other agency of the state and includes an officer who is authorized by law to determine contested cases.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 558, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1270 (H.B. 3430), Sec. 2, eff. October 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 898 (H.B. 3433), Sec. 2, eff. September 1, 2017.|
TX Govt Code § 2006.003 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter A. Adoption of Rules|Section 2006.003. Opportunity to Remedy Violation; Policy

Sec. 2006.003.  OPPORTUNITY TO REMEDY VIOLATION; POLICY.  (a)  This section applies only to a state agency with regulatory authority over a small business.(b)  A state agency may not impose an administrative penalty against a small business for a first violation of a statute or a rule administered by the agency, other than a violation committed knowingly or intentionally, unless the agency first provides the small business written notice of the violation and an opportunity to remedy the violation within a reasonable time after receiving the notice.  Notwithstanding any other law, a violation is not considered to be a continuing violation during the reasonable time in which the small business attempts in good faith to remedy the violation.(c)  Each state agency subject to this section shall adopt a policy consistent with the requirements of Subsection (b).  The policy must provide that the agency will not attempt to recover an administrative penalty during the reasonable time the small business is attempting in good faith to remedy the violation.(d)  This section does not apply to an action taken by:(1)  a state agency to protect public health and safety or the environment;(2)  an officer listed in Section 411.0765(b)(18) in connection with the regulation of financial services; or(3)  the Texas Workforce Commission if the action is required to conform to or comply with federal law.|Added by Acts 2021, 87th Leg., R.S., Ch. 563 (S.B. 424), Sec. 1, eff. September 1, 2021.|
TX Govt Code § 2006.011 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter B. Recovery of Court Costs and Attorney Fees|Section 2006.011. Definitions

Sec. 2006.011.  DEFINITIONS.  In this subchapter:(1)  "Groundless" means having no basis in law or fact.(2)  "Small business" means a legal entity, including a corporation, partnership, or sole proprietorship that:(A)  is formed for the purpose of making a profit;(B)  is independently owned and operated;(C)  is not a publicly held corporation;  and(D)  has fewer than 100 employees or less than $1 million in annual gross receipts at the end of the fiscal year preceding the year of the filing of an administrative adjudicatory proceeding or civil action in which the entity is seeking recovery under this subchapter.(3)  "State agency" means a board, commission, department, or office that:(A)  is in the executive branch of state government;(B)  was created by the constitution or a statute of this state;  and(C)  has statewide jurisdiction.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2006.012 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter B. Recovery of Court Costs and Attorney Fees|Section 2006.012. Exceptions

Sec. 2006.012.  EXCEPTIONS.  This subchapter does not apply to a proceeding or action that is:(1)  filed before September 1, 1987;  or(2)  brought under:(A)  Subchapter E, Chapter 17, Business & Commerce Code (Deceptive Trade Practices-Consumer Protection Act);  or(B)  Chapter 21, Insurance Code.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2006.013 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter B. Recovery of Court Costs and Attorney Fees|Section 2006.013. Requirements for Recovery

Sec. 2006.013.  REQUIREMENTS FOR RECOVERY.  (a)  In an administrative adjudicatory proceeding or a civil action resulting from a complaint issued by a state agency against a small business under the agency's administrative or regulatory functions, the small business may be awarded reasonable attorney fees and court costs if:(1)  it is a small business at the time it becomes a party to the proceeding or action;(2)  it prevails in the proceeding or action;  and(3)  the proceeding or action was groundless and brought:(A)  in bad faith;  or(B)  for purposes of harassment.(b)  For purposes of this section, a small business prevails in a proceeding or action if there is not:(1)  an adjudication, stipulation, or acceptance of liability;  or(2)  a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the small business.(c)  A small business may not recover under this subchapter if the parties have executed a settlement agreement that, while not stipulating liability or violation, requires the small business to take corrective action or pay a monetary sum.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2006.014 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter B. Recovery of Court Costs and Attorney Fees|Section 2006.014. Motion for Recovery

Sec. 2006.014.  MOTION FOR RECOVERY.  (a)  To recover under this subchapter, a small business, not later than the 30th day after the date of the filing of the administrative adjudicatory proceeding or civil action, must file a written motion that:(1)  alleges that the proceeding or action was groundless and brought:(A)  in bad faith;  or(B)  for purposes of harassment;(2)  states the facts that justify the small business's claim;  and(3)  states that if the claim is dismissed or judgment is awarded to the small business, the small business will seek recovery of attorney fees and court costs.(b)  A small business may not recover attorney fees and court costs under this subchapter if, not later than the 30th day after the date the small business gives notice that it has filed a motion under Subsection (a), the state agency:(1)  amends the pleadings so that the small business that has filed the motion is no longer a party to the proceeding or action;  or(2)  dismisses the proceeding or action.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2006.015 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter B. Recovery of Court Costs and Attorney Fees|Section 2006.015. Determination of Claim

Sec. 2006.015.  DETERMINATION OF CLAIM.  (a)  The hearings officer in an administrative adjudicatory proceeding or the court in a civil action shall determine whether the proceeding or action is groundless and brought:(1)  in bad faith;  or(2)  for purposes of harassment.(b)  In making the determination, the hearings officer or court shall consider:(1)  the multiplicity of parties;(2)  the complexity of the claims and defenses;(3)  the length of time available to the agency to investigate and conduct discovery;  and(4)  affidavits, depositions, and any other relevant matters.(c)  In making a determination, a hearings officer or a court may not consider the amount of damages, civil penalties, fines, taxes, or other monetary recovery sought by the state agency.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2006.016 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities|Subchapter B. Recovery of Court Costs and Attorney Fees|Section 2006.016. Effect of Determination or Order

Sec. 2006.016.  EFFECT OF DETERMINATION OR ORDER.  A determination made or order issued under this subchapter is not grounds for any liability, sanction, or grievance except as provided by this subchapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2007.001 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter A. General Provisions|Section 2007.001. Short Title

Sec. 2007.001.  SHORT TITLE.  This chapter may be cited as the Private Real Property Rights Preservation Act.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.002 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter A. General Provisions|Section 2007.002. Definitions

Sec. 2007.002.  DEFINITIONS.  In this chapter:(1)  "Governmental entity" means:(A)  a board, commission, council, department, or other agency in the executive branch of state government that is created by constitution or statute, including an institution of higher education as defined by Section 61.003, Education Code;  or(B)  a political subdivision of this state.(2)  "Owner" means a person with legal or equitable title to affected private real property at the time a taking occurs.(3)  "Market value" means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property.(4)  "Private real property" means an interest in real property recognized by common law, including a groundwater or surface water right of any kind, that is not owned by the federal government, this state, or a political subdivision of this state.(5)  "Taking" means:(A)  a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Section 17 or 19, Article I, Texas Constitution;  or(B)  a governmental action that:(i)  affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action;  and(ii)  is the producing cause of a reduction of at least 25 percent in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.004 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter A. General Provisions|Section 2007.004. Waiver of Governmental Immunity; Permission to Sue

Sec. 2007.004.  WAIVER OF GOVERNMENTAL IMMUNITY;  PERMISSION TO SUE.  (a)  Sovereign immunity to suit and liability is waived and abolished to the extent of liability created by this chapter.(b)  This section does not authorize a person to execute a judgment against property of the state or a governmental entity.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.005 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter A. General Provisions|Section 2007.005. Alternative Dispute Resolution

Sec. 2007.005.  ALTERNATIVE DISPUTE RESOLUTION.  Chapter 154, Civil Practice and Remedies Code, applies to a suit filed under this chapter.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.006 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter A. General Provisions|Section 2007.006. Cumulative Remedies

Sec. 2007.006.  CUMULATIVE REMEDIES.  (a)  The provisions of this chapter are not exclusive.  The remedies provided by this chapter are in addition to other procedures or remedies provided by law.(b)  A person may not recover under this chapter and also recover under another law or in an action at common law for the same economic loss.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|