reglab/housing_qa huggingface dataset:
TX Hum Res Code § 33.055 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 33 - Nutritional Assistance Programs|Subchapter B. Supplemental Nutrition Assistance Program: Eligibility Determination Process Efficiency|Section 33.055. Program Management Information

Sec. 33.055.  PROGRAM MANAGEMENT INFORMATION.  (a)  The commission, in conjunction with state, regional, and local eligibility determination offices, shall identify eligibility determination program performance indicators with respect to which data should periodically be collected.   The commission shall implement a process for collecting data on the identified performance indicators.(b)  The commission shall provide periodic management reports generated by the automated eligibility system to eligibility determination offices. The reports must include information regarding the number of pending supplemental nutrition assistance applications and the number of those applications that have not been processed within applicable timeliness standards.(c)  The commission shall use data collected under Subsection (a) and the reports described by Subsection (b) to develop and assess strategies for:(1)  streamlining the supplemental nutrition assistance eligibility determination process;(2)  improving timeliness of eligibility determinations;  and(3)  accommodating increases in applications received.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1165 (H.B. 2819), Sec. 2, eff. September 1, 2011.|
TX Hum Res Code § 36.0011 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter A. General Provisions|Section 36.0011. Culpable Mental State

Sec. 36.0011.  CULPABLE MENTAL STATE.  (a)  For purposes of this chapter, a person acts "knowingly" with respect to information if the person:(1)  has knowledge of the information;(2)  acts with conscious indifference to the truth or falsity of the information; or(3)  acts in reckless disregard of the truth or falsity of the information.(b)  Proof of the person's specific intent to commit an unlawful act under Section 36.002 is not required in a civil or administrative proceeding to show that a person acted "knowingly" with respect to information under this chapter.|Added by Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 2, eff. September 1, 2005.|
TX Hum Res Code § 36.003 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter A. General Provisions|Section 36.003. Documentary Material in Possession of State Agency

Sec. 36.003.  DOCUMENTARY MATERIAL IN POSSESSION OF STATE AGENCY.  (a)  A state agency, including the commission, the Department of State Health Services, the Department of Aging and Disability Services, and the Department of Family and Protective Services, shall provide the attorney general access to all documentary materials of persons and Medicaid recipients under the Medicaid program to which that agency has access.  Documentary material provided under this subsection is provided to permit investigation of an alleged unlawful act or for use or potential use in an administrative or judicial proceeding.(b)  Except as ordered by a court for good cause shown, the office of the attorney general may not produce for inspection or copying or otherwise disclose the contents of documentary material obtained under this section to a person other than:(1)  an employee of the attorney general;(2)  an agency of this state, the United States, or another state;(3)  a criminal district attorney, district attorney, or county attorney of this state;(4)  the United States attorney general;(5)  a state or federal grand jury;(6)  a political subdivision of this state; or(7)  a person authorized by the attorney general to receive the information.|Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.007 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 4, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.181, eff. April 2, 2015.|
TX Hum Res Code § 36.004 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter A. General Provisions|Section 36.004. Immunity

Sec. 36.004.  IMMUNITY.  Notwithstanding any other law, a person is not civilly or criminally liable for providing access to documentary material under this chapter to:(1)  an employee of the attorney general;(2)  an agency of this state, the United States, or another state;(3)  a criminal district attorney, district attorney, or county attorney of this state;(4)  the United States attorney general;(5)  a state or federal grand jury;(6)  a political subdivision of this state; or(7)  a person authorized by the attorney general to receive the information.|Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.008 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 5, eff. September 1, 2005.|
TX Hum Res Code § 36.006 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter A. General Provisions|Section 36.006. Application of Other Law

Sec. 36.006.  APPLICATION OF OTHER LAW.  The application of a civil remedy under this chapter does not preclude the application of another common law, statutory, or regulatory remedy, except that a person may not be liable for a civil remedy under this chapter and civil damages or a penalty under Section 32.039 if the civil remedy and civil damages or penalty are assessed for the same act.|Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.010 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.|
TX Hum Res Code § 36.007 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter A. General Provisions|Section 36.007. Recovery of Costs, Fees, and Expenses

Sec. 36.007.  RECOVERY OF COSTS, FEES, AND EXPENSES.  The attorney general may recover fees, expenses, and costs reasonably incurred in obtaining injunctive relief or civil remedies or in conducting investigations under this chapter, including court costs, reasonable attorney's fees, witness fees, and deposition fees.|Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.011 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.|
TX Hum Res Code § 36.008 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter A. General Provisions|Section 36.008. Use of Money Recovered

Sec. 36.008.  USE OF MONEY RECOVERED.  The legislature, in appropriating money recovered under this chapter, shall consider the requirements of the attorney general and other affected state agencies in investigating Medicaid fraud and enforcing this chapter.|Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.012 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.|
TX Hum Res Code § 36.051 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter B. Action by Attorney General|Section 36.051. Injunctive Relief

Sec. 36.051.  INJUNCTIVE RELIEF.  (a)  If the attorney general has reason to believe that a person is committing, has committed, or is about to commit an unlawful act, the attorney general may institute an action for an appropriate order to restrain the person from committing or continuing to commit the act.(b)  An action under this section shall be brought in a district court of Travis County or of a county in which any part of the unlawful act occurred, is occurring, or is about to occur.|Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.003 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(b), eff. Sept. 1, 1997.|
TX Hum Res Code § 36.055 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter B. Action by Attorney General|Section 36.055. Attorney General as Relator in Federal Action

Sec. 36.055.  ATTORNEY GENERAL AS RELATOR IN FEDERAL ACTION.  To the extent permitted by 31 U.S.C. Sections 3729-3733, the attorney general may bring an action as relator under 31 U.S.C. Section 3730 with respect to an act in connection with the Medicaid program for which a person may be held liable under 31 U.S.C. Section 3729.  The attorney general may contract with a private attorney to represent the state under this section.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.07(a), eff. Sept. 1, 1997.|
TX Hum Res Code § 36.101 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.101. Action by Private Person Authorized

Sec. 36.101.  ACTION BY PRIVATE PERSON AUTHORIZED.  (a)  A person may bring a civil action for a violation of Section 36.002 for the person and for the state.  The action shall be brought in the name of the person and of the state.(b)  In an action brought under this subchapter, a person who violates Section 36.002 is liable as provided by Section 36.052.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.102 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.102. Initiation of Action; Consent Required for Dismissal

Sec. 36.102.  INITIATION OF ACTION; CONSENT REQUIRED FOR DISMISSAL.  (a)  A person bringing an action under this subchapter shall serve a copy of the petition and a written disclosure of substantially all material evidence and information the person possesses on the attorney general in compliance with the Texas Rules of Civil Procedure.(b)  The petition shall be filed in camera and, except as provided by Subsection (c-1) or (d), shall remain under seal until at least the 180th day after the date the petition is filed or the date on which the state elects to intervene, whichever is earlier.  The petition may not be served on the defendant until the court orders service on the defendant.(c)  The state may elect to intervene and proceed with the action not later than the 180th day after the date the attorney general receives the petition and the material evidence and information.(c-1)  At the time the state intervenes, the attorney general may file a motion with the court requesting that the petition remain under seal for an extended period.(d)  The state may, for good cause shown, move the court to extend the 180-day deadline under Subsection (b) or (c).  A motion under this subsection may be supported by affidavits or other submissions in camera.(e)  An action under this subchapter may be dismissed only if the court and the attorney general consent in writing to the dismissal and state their reasons for consenting.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 10, eff. September 1, 2005.Acts 2019, 86th Leg., R.S., Ch. 97 (H.B. 2004), Sec. 1, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 97 (H.B. 2004), Sec. 2, eff. September 1, 2019.|
TX Hum Res Code § 36.1021 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.1021. Standard of Proof

Sec. 36.1021.  STANDARD OF PROOF.  In an action under this subchapter, the state or person bringing the action must establish each element of the action, including damages, by a preponderance of the evidence.|Added by Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 2, eff. May 4, 2007.|
TX Hum Res Code § 36.103 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.103. Answer by Defendant

Sec. 36.103.  ANSWER BY DEFENDANT.  A defendant is not required to file in accordance with the Texas Rules of Civil Procedure an answer to a petition filed under this subchapter until the petition is unsealed and served on the defendant.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 11, eff. September 1, 2005.|
TX Hum Res Code § 36.104 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.104. State Decision; Continuation of Action

Sec. 36.104.  STATE DECISION; CONTINUATION OF ACTION.  (a)  Not later than the last day of the period prescribed by Section 36.102(c) or an extension of that period as provided by Section 36.102(d), the state shall:(1)  proceed with the action; or(2)  notify the court that the state declines to take over the action.(b)  If the state declines to take over the action, the person bringing the action may proceed without the state's participation.  A person proceeding under this subsection may recover for an unlawful act for a period of up to six years before the date the lawsuit was filed, or for a period beginning when the unlawful act occurred until up to three years from the date the state knows or reasonably should have known facts material to the unlawful act, whichever of these two periods is longer, regardless of whether the unlawful act occurred more than six years before the date the lawsuit was filed.  Notwithstanding the preceding sentence, in no event shall a person proceeding under this subsection recover for an unlawful act that occurred more than 10 years before the date the lawsuit was filed.(b-1)  On request by the state, the state is entitled to be served with copies of all pleadings filed in the action and be provided at the state's expense with copies of all deposition transcripts.  If the person bringing the action proceeds without the state's participation, the court, without limiting the status and right of that person, may permit the state to intervene at a later date on a showing of good cause.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 12, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 3, eff. May 4, 2007.Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 4, eff. May 4, 2007.Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 2, eff. September 1, 2013.|
TX Hum Res Code § 36.105 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.105. Representation of State by Private Attorney

Sec. 36.105.  REPRESENTATION OF STATE BY PRIVATE ATTORNEY.  The attorney general may contract with a private attorney to represent the state in an action under this subchapter with which the state elects to proceed.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.106 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.106. Intervention by Other Parties Prohibited

Sec. 36.106.  INTERVENTION BY OTHER PARTIES PROHIBITED.  A person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this subchapter.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.107 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.107. Rights of Parties if State Continues Action

Sec. 36.107.  RIGHTS OF PARTIES IF STATE CONTINUES ACTION.  (a)  If the state proceeds with the action, the state has the primary responsibility for prosecuting the action and is not bound by an act of the person bringing the action.  The person bringing the action has the right to continue as a party to the action, subject to the limitations set forth by this section.(b)  The state may dismiss the action notwithstanding the objections of the person bringing the action if:(1)  the attorney general notifies the person that the state has filed a motion to dismiss;  and(2)  the court provides the person with an opportunity for a hearing on the motion.(c)  The state may settle the action with the defendant notwithstanding the objections of the person bringing the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.  On a showing of good cause, the hearing may be held in camera.(d)  On a showing by the state that unrestricted participation during the course of the litigation by the person bringing the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may impose limitations on the person's participation, including:(1)  limiting the number of witnesses the person may call;(2)  limiting the length of the testimony of witnesses called by the person;(3)  limiting the person's cross-examination of witnesses;  or(4)  otherwise limiting the participation by the person in the litigation.(e)  On a showing by the defendant that unrestricted participation during the course of the litigation by the person bringing the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.108 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.108. Stay of Certain Discovery

Sec. 36.108.  STAY OF CERTAIN DISCOVERY.  (a)  On a showing by the state that certain actions of discovery by the person bringing the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period not to exceed 60 days.(b)  The court shall hear a motion to stay discovery under this section in camera.(c)  The court may extend the period prescribed by Subsection (a) on a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.109 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle C - Assistance Programs|Chapter 36 - Medicaid Fraud Prevention|Subchapter C. Action by Private Persons|Section 36.109. Pursuit of Alternate Remedy by State

Sec. 36.109.  PURSUIT OF ALTERNATE REMEDY BY STATE.  (a)  Notwithstanding Section 36.101, the state may elect to pursue the state's claim through any alternate remedy available to the state, including any administrative proceeding to determine an administrative penalty.  If an alternate remedy is pursued in another proceeding, the person bringing the action has the same rights in the other proceeding as the person would have had if the action had continued under this subchapter.(b)  A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under this subchapter.  For purposes of this subsection, a finding or conclusion is final if:(1)  the finding or conclusion has been finally determined on appeal to the appropriate court;(2)  no appeal has been filed with respect to the finding or conclusion and all time for filing an appeal has expired;  or(3)  the finding or conclusion is not subject to judicial review.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|