reglab/housing_qa huggingface dataset:
TX Occ Code § 1002.403 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter I. License Denial and Disciplinary Procedures|Section 1002.403. Disciplinary Actions

Sec. 1002.403.  DISCIPLINARY ACTIONS.  (a)  The board may take the following disciplinary actions:(1)  refuse to issue or renew a license;(2)  permanently revoke a license;(3)  suspend a license for a specified time, not to exceed three years, to take effect immediately notwithstanding an appeal if the board determines that the license holder's continued practice constitutes an imminent danger to the public health, safety, or welfare;(4)  issue a public or private reprimand to an applicant, a license holder, or an individual, firm, or corporation practicing geoscience under this chapter;(5)  impose limitations, conditions, or restrictions on the practice of an applicant, a license holder, or an individual, firm, or corporation practicing geoscience under this chapter;(6)  require that a license holder participate in a peer review program under rules adopted by the board;(7)  require that a license holder obtain remedial education and training prescribed by the board;(8)  impose probation on a license holder requiring regular reporting to the board;(9)  require restitution, in whole or in part, of compensation or fees earned by a license holder, individual, firm, or corporation practicing geoscience under this chapter;(10)  impose an appropriate administrative penalty as provided by Subchapter J for a violation of this chapter or a rule adopted under this chapter on a license holder or a person who is not licensed and is not exempt from licensure under this chapter;  or(11)  issue a cease and desist order.(b)  The board may not impose a sanction for a ground described by Section 1002.402(8) that exceeds in severity or duration the sanction on which the board's action is based.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.404 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter I. License Denial and Disciplinary Procedures|Section 1002.404. Right to Hearing

Sec. 1002.404.  RIGHT TO HEARING.  A person is entitled to a hearing before the board may suspend or revoke the person's license.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.405 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter I. License Denial and Disciplinary Procedures|Section 1002.405. Reinstatement

Sec. 1002.405.  REINSTATEMENT.  (a)  On application, the board may reinstate a license to engage in the public practice of geoscience to a person whose license has been revoked if a majority of the entire board votes in favor of the reinstatement.(b)  As a condition for reinstatement, the board may:(1)  review the applicant's qualifications and experience;(2)  require continuing professional education;(3)  conduct a reexamination on a periodic or other basis;  or(4)  require other evidence of the competence of the applicant.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.451 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter J. Administrative Penalty|Section 1002.451. Imposition of Penalty

Sec. 1002.451.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty against a person licensed under this chapter or any other person who violates this chapter or a rule adopted or order issued under this chapter.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.452 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter J. Administrative Penalty|Section 1002.452. Amount of Penalty

Sec. 1002.452.  AMOUNT OF PENALTY.  (a)  The board may include in the amount of the administrative penalty the actual costs of investigating and prosecuting the violation.(b)  The amount of the penalty may not exceed $1,500 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(c)  The amount of the penalty shall be based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of any prohibited acts;  and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the economic harm to property or the environment caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts or resistance to efforts to correct the violation;  and(6)  any other matter that justice may require.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 10, eff. September 1, 2019.|
TX Occ Code § 1002.453 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter J. Administrative Penalty|Section 1002.453. Administrative Procedure

Sec. 1002.453.  ADMINISTRATIVE PROCEDURE.  (a)  The board shall adopt rules of procedure for the imposition of an administrative penalty.(b)  Rules adopted under this section must conform to the requirements of Chapter 2001, Government Code.(c)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.454 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter J. Administrative Penalty|Section 1002.454. Options Following Final Order: Pay or Appeal

Sec. 1002.454.  OPTIONS FOLLOWING FINAL ORDER:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:(1)  pay the administrative penalty;(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both;  or(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account;  or(B)  giving to the court a supersedeas bond approved by the court for the amount of the penalty that is effective until judicial review of the board's order is final;  or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and(B)  giving a copy of the affidavit to the executive director by certified mail.(c)  On receipt of a copy of an affidavit under Subsection (b)(2), the executive director may file with the court, not later than the fifth day after the date the copy is received, 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 the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.455 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter J. Administrative Penalty|Section 1002.455. Collection of Penalty

Sec. 1002.455.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.456 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter J. Administrative Penalty|Section 1002.456. Judicial Review

Sec. 1002.456.  JUDICIAL REVIEW.  The order of the board is subject to judicial review.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.457 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter J. Administrative Penalty|Section 1002.457. Remittance of Penalty and Interest

Sec. 1002.457.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.  If the court does not sustain the occurrence of the violation, the court shall order that a penalty is not owed.(b)  If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or(2)  order the release of the bond if the penalty is not imposed or order the release of the bond after the person pays the penalty if the person posted a supersedeas bond.(c)  Interest accrues under Subsection (b)(1) at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  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 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1002.501 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle A - Regulation of Engineering and Related Practices|Chapter 1002 - Geoscientists|Subchapter K. Other Enforcement Provisions|Section 1002.501. Injunction

Sec. 1002.501.  INJUNCTION.  The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.|
TX Occ Code § 1051.0015 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter A. General Provisions|Section 1051.0015. Purpose of Registration Requirement

Sec. 1051.0015.  PURPOSE OF REGISTRATION REQUIREMENT.  The purpose of Section 1051.701(a) is to:(1)  safeguard life, health, property, and the public welfare;  and(2)  protect the public against the irresponsible practice of architecture.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.051, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 1, eff. September 1, 2007.|
TX Occ Code § 1051.002 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter A. General Provisions|Section 1051.002. Effect on Municipality

Sec. 1051.002.  EFFECT ON MUNICIPALITY.  This subtitle does not:(1)  preempt a municipal ordinance;  or(2)  restrict or expand the authority of a municipality.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.04, eff. Sept. 1, 2003.|
TX Occ Code § 1051.003 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter A. General Provisions|Section 1051.003. Application of Sunset Act

Sec. 1051.003.  APPLICATION OF SUNSET ACT.  The Texas Board of Architectural Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this subtitle expires September 1, 2025.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.004 and amended by Acts 2003, 78th, ch. 331, Sec. 1.04, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 1.06, eff. June 17, 2011.Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 1, eff. September 1, 2013.|
TX Occ Code § 1051.101 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter B. Texas Board of Architectural Examiners|Section 1051.101. Board Membership

Sec. 1051.101.  BOARD MEMBERSHIP.  (a)  The Texas Board of Architectural Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:(1)  four architect members registered under this chapter;(2)  one interior designer member registered under Chapter 1053;(3)  one landscape architect member registered under Chapter 1052;  and(4)  three members who represent the public, at least one of whom is a person with a physical disability.(b)  Not more than one board member may be:(1)  a stockholder or owner of an interest in a school or college that teaches architecture, interior design, or landscape architecture;  or(2)  a full-time member of the faculty or administration of the architecture, interior design, or landscape architecture department of a school or college whose position is the primary employment of the board member.(c)  Except as provided by Subsection (a)(4), appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.06, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 2, eff. September 1, 2007.|
TX Occ Code § 1051.102 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter B. Texas Board of Architectural Examiners|Section 1051.102. Eligibility of Public Members

Sec. 1051.102.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of architecture, interior design, or landscape architecture;(2)  is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board;  or(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.|
TX Occ Code § 1051.103 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter B. Texas Board of Architectural Examiners|Section 1051.103. Membership and Employee Restrictions

Sec. 1051.103.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (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 board and may not be a board 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 the field of architecture, interior design, or landscape architecture;  or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of architecture, interior design, or landscape architecture.(c)  A person may not be a member of the board or act as the general counsel to the board 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 board.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.07, eff. Sept. 1, 2003.|
TX Occ Code § 1051.104 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter B. Texas Board of Architectural Examiners|Section 1051.104. Terms; Vacancy

Sec. 1051.104.  TERMS;  VACANCY.  (a)  Board members serve staggered six-year terms.  The terms of three members expire on January 31 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.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.|
TX Occ Code § 1051.105 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter B. Texas Board of Architectural Examiners|Section 1051.105. Grounds for Removal

Sec. 1051.105.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:(1)  does not have at the time of taking office the qualifications required by Section 1051.101;(2)  does not maintain during service on the board the qualifications required by Section 1051.101;(3)  is ineligible for membership under Section 1051.102 or 1051.103;(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 board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.08, eff. Sept. 1, 2003.|
TX Occ Code § 1051.106 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle B - Regulation of Architecture and Related Practices|Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects|Subchapter B. Texas Board of Architectural Examiners|Section 1051.106. Per Diem; Reimbursement

Sec. 1051.106.  PER DIEM;  REIMBURSEMENT.  (a)  A board member is entitled to receive a per diem for each day that the member engages in board business.(b)  A board member is entitled to receive reimbursement for travel expenses, including food, lodging, and transportation expenses.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.|