reglab/housing_qa huggingface dataset:
TX Occ Code § 51.310 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter F. Administrative Penalty|Section 51.310. Administrative Procedure

Sec. 51.310.  ADMINISTRATIVE PROCEDURE.  (a)  The executive director by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty.(b)  A proceeding under this subchapter to impose an administrative penalty is considered to be a contested case under Chapter 2001, Government Code.(c)  The executive director by rule shall prescribe notice procedures for proceedings under this subchapter that provide for notice by certified mail with electronic return receipt.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 35, eff. June 14, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 3, eff. September 1, 2009.|
TX Occ Code § 51.351 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.351. Inspections and Investigations

Sec. 51.351.  INSPECTIONS AND INVESTIGATIONS.  (a)  The department may conduct inspections or investigations as necessary to enforce the laws administered by the department.(b)  The department, during reasonable business hours, may:(1)  enter the business premises of a person regulated by the department or a person suspected of being in violation of or threatening to violate a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director related to a regulatory program administered by the department;  and(2)  examine and copy records pertinent to the inspection or investigation.(c)  A department employee may check the license, registration, or endorsement of a person regulated by the Texas State Board of Plumbing Examiners in accordance with the memorandum of understanding under Section 1301.259 and report any noncompliance to that agency.(d)  The department shall conduct joint investigations with the Texas State Board of Plumbing Examiners as circumstances require.(e)  The department may take action under Section 51.353 for a violation identified during an inspection.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 36, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 819, Sec. 27, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.09, eff. September 1, 2021.|
TX Occ Code § 51.3511 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.3511. Issuance of Emergency Orders

Sec. 51.3511.  ISSUANCE OF EMERGENCY ORDERS.  (a)  If the executive director determines that an emergency exists requiring immediate action to protect the public health and safety, the executive director may issue an emergency order to:(1)  suspend or revoke a license or other authorization issued under a program regulated by the department; or(2)  halt operation of an unsafe facility or unsafe equipment that is subject to regulation by the department.(b)  The executive director may issue an emergency order with or without notice and hearing as the executive director considers practicable under the circumstances.(c)  If an emergency order is issued under this section without a hearing, the executive director shall set the time and place for a hearing conducted by the State Office of Administrative Hearings to affirm, modify, or set aside the emergency order not later than the 10th day after the date the order was issued.  The order shall be affirmed to the extent that reasonable cause existed to issue the order.(d)  The commission by rule may prescribe procedures for the determination and appeal of an emergency order issued under this section, including a rule allowing the commission to affirm, modify, or set aside a decision made by the State Office of Administrative Hearings under Subsection (c).(e)  A proceeding under this section is a contested case under Chapter 2001, Government Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 4, eff. September 1, 2009.|
TX Occ Code § 51.3512 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.3512. Subpoenas

Sec. 51.3512.  SUBPOENAS.  (a)  The department may issue a subpoena as provided by this section.(b)  The department may request and, if necessary, compel by subpoena:(1)  the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter, a law establishing a regulatory program administered by the department, or a rule adopted or order issued by the commission or executive director; and(2)  the attendance of a witness for examination under oath.(c)  A subpoena under this section may be issued throughout this state and may be served by any person designated by the commission or the executive director.(d)  The department, acting through the attorney general, may bring an action to enforce a subpoena issued under this section against a person who fails to comply with the subpoena.(e)  Venue for an action brought under this section is in a district court in:(1)  Travis County; or(2)  any county in which the department may hold a hearing.(f)  The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 4, eff. September 1, 2009.|
TX Occ Code § 51.3513 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.3513. Cease and Desist Order

Sec. 51.3513.  CEASE AND DESIST ORDER.  The executive director may issue a cease and desist order if the executive director determines that the action is necessary to prevent a violation of:(1)  this chapter;(2)  a law establishing a regulatory program administered by the department; or(3)  a rule adopted or order issued by the commission or the executive director.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 4, eff. September 1, 2009.|
TX Occ Code § 51.352 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.352. Injunctive Relief; Civil Penalty

Sec. 51.352.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The attorney general or the executive director may institute an action for injunctive relief to restrain a violation by and to collect a civil penalty from a person that appears to be in violation of or threatening to violate a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director related to the regulatory program.  A civil penalty assessed under this subsection may not exceed $5,000 per day for each violation.(b)  An action filed under this section must be filed in a district court in Travis County.(c)  The attorney general and the department may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 37, eff. June 14, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 5, eff. September 1, 2009.|
TX Occ Code § 51.353 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.353. License Denial; Administrative Sanctions

Sec. 51.353.  LICENSE DENIAL; ADMINISTRATIVE SANCTIONS.  (a)  The commission may deny, revoke, suspend, or refuse to renew a license or may reprimand a license holder for a violation of this chapter, a law establishing a regulatory program administered by the department, or a rule or order of the commission or the executive director.(b)  The commission may place on probation a person whose license is suspended.  If a license suspension is probated, the commission may require the person to:(1)  report regularly to the department on matters that are the basis of the probation;(2)  limit practice to the areas prescribed by the commission;  or(3)  continue or renew professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis for the probation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 38, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.018, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 6, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 7, eff. September 1, 2009.|
TX Occ Code § 51.354 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.354. Right to Hearing; Administrative Procedure

Sec. 51.354.  RIGHT TO HEARING;  ADMINISTRATIVE PROCEDURE.  (a)  A respondent is entitled to a hearing conducted by the State Office of Administrative Hearings if the executive director proposes to deny, suspend, or revoke a license.(b)  A proceeding under this chapter to deny, suspend, or revoke a license is considered to be a contested case under Chapter 2001, Government Code.(c)  The executive director by rule shall prescribe notice procedures for a contested case under this chapter that provide for notice by certified mail with electronic return receipt.(d)  Expired.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 39, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 1215, Sec. 12, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1215, Sec. 16, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 8, eff. September 1, 2009.|
TX Occ Code § 51.355 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.355. License Eligibility of Person Whose License Has Been Revoked

Sec. 51.355.  LICENSE ELIGIBILITY OF PERSON WHOSE LICENSE HAS BEEN REVOKED.  (a)  Except as otherwise provided by this section, a person whose license has been revoked by order of the commission or executive director is not eligible for a new license until the first anniversary of the date of the revocation.(b)  Notwithstanding Subsection (a), a person whose license has been revoked by order of the commission or executive director is eligible to apply for a new license before the first anniversary of the date of the revocation if:(1)  the revocation was based solely on the person's failure to pay an administrative penalty; and(2)  the person:(A)  has paid the administrative penalty in full; or(B)  is paying the administrative penalty under a payment plan with the department and is in good standing with respect to that plan.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 9, eff. September 1, 2009.Amended by: Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 1, eff. September 1, 2019.|
TX Occ Code § 51.356 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.356. Deferred Adjudication; License Suspension, License Revocation, or Denial or Refusal to Renew License

Sec. 51.356.  DEFERRED ADJUDICATION; LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE. (a)  The commission may deny, suspend, revoke, or refuse to renew a license or other authorization issued by a program regulated by the department if:(1)  the person holding or seeking the license received deferred adjudication for:(A)  any offense described by Article 62.001(5), Code of Criminal Procedure; or(B)  an offense other than an offense described by Paragraph (A) if:(i)  the person has not completed the period of deferred adjudication or the person completed the period of deferred adjudication less than five years before the date the person applied for the license; or(ii)  a conviction for the offense would make the person ineligible for the license by operation of law; and(2)  the commission determines that the deferred adjudication makes the person unfit for the license.(b)  In making a determination under Subsection (a)(2), the commission shall consider the factors set forth in Sections 53.022 and 53.023 and the guidelines issued by the department under Section 53.025.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 9, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 938 (H.B. 1659), Sec. 1, eff. September 1, 2013.|
TX Occ Code § 51.357 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.357. Restricted Licenses for Certain Occupations

Sec. 51.357.  RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS.  (a)  As an alternative to denying, revoking, suspending, or refusing to issue or renew a license under Section 51.356 or 51.4012(a) or Chapter 53, the commission or executive director may issue a restricted license to an applicant for a license under:(1)  Chapter 1302; or(2)  Chapter 1305.(b)  The department may impose reasonable conditions on a holder of a restricted license, including requiring the license holder to:(1)  limit the scope or location of the license holder's practice;(2)  be supervised; and(3)  report to the department, including notifying the department promptly of any change in the license holder's supervision.(c)  The department may:(1)  include on the face of a license and in the department's records a statement:(A)  that the license is restricted; and(B)  of any condition of the restricted license; and(2)  use a distinctive design for a restricted license.(d)  A license holder who supervises the holder of a restricted license shall use reasonable care to ensure that the license holder complies with any condition imposed under this section.(e)  The commission or executive director may impose an administrative penalty or other sanction on the holder of a restricted license or on a license holder who supervises the person for a violation of this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 2, eff. September 1, 2019.|
TX Occ Code § 51.358 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.358. Restricted License Term

Sec. 51.358.  RESTRICTED LICENSE TERM.  (a)  A restricted license issued under Section 51.357 is valid for the term provided for an unrestricted license of the same type.(b)  A restricted license may be renewed by complying with the requirements for the renewal of an unrestricted license of the same type.(c)  On the expiration of the term of a restricted license and the receipt by the department of a license renewal application, there is a rebuttable presumption that the applicant is entitled to issuance by the department of an unrestricted license.(d)  The presumption under Subsection (c) may be rebutted by the department's determination that:(1)  the applicant failed to comply with any condition imposed under Section 51.357;(2)  the applicant is not in good standing with the department; or(3)  issuing an unrestricted license to the applicant would result in an increased risk of harm to any person or property.|Added by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 2, eff. September 1, 2019.|
TX Occ Code § 51.359 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter G. Other Penalties and Enforcement Provisions|Section 51.359. Refund

Sec. 51.359.  REFUND.  (a) Subject to Subsection (b), the commission or executive director may order a license holder to pay a refund to a consumer as provided in an agreed settlement, default order, or commission order instead of or in addition to imposing an administrative penalty or sanction.(b)  The amount of a refund ordered may not exceed the amount the consumer paid to the license holder for a service regulated by the department. The commission or executive director may not require payment of other damages or estimate harm in a refund order.|Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.10, eff. September 1, 2021.|
TX Occ Code § 51.401 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter H. License Requirements|Section 51.401. License Expiration and Renewal

Sec. 51.401.  LICENSE EXPIRATION AND RENEWAL.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license until the license has been renewed.(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.(c)  A person whose license has been expired for more than 90 days but less than 18 months may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee.  On approval by the executive director, a person whose license has been expired for at least 18 months but less than three years may renew the license by paying to the department a renewal fee equal to two times the normally required renewal fee.(d)  Except as provided by Subsection (c), a person whose license has been expired for 18 months or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license.(e)  A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination.  The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license.(f)  Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.019, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 133 (H.B. 3287), Sec. 1, eff. September 1, 2011.|
TX Occ Code § 51.4011 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter H. License Requirements|Section 51.4011. Inactive Status

Sec. 51.4011.  INACTIVE STATUS.  (a)  The commission may adopt rules to allow a license holder to place a license issued by the department on inactive status by:(1)  submitting, on a form prescribed by the department, an application for inactive status to the department not later than the expiration date of the license; and(2)  paying the required fee.(b)  Except as provided by Subsection (f), a person whose license is on inactive status is not required to complete continuing education required under this chapter, a law establishing a program regulated by the department, or a rule adopted by the commission.(c)  A person whose license is on inactive status may reapply for inactive status before the expiration date of the license.  The person must pay the required fee.(d)  A person whose license is on inactive status may not engage in any activity for which the license is required.(e)  A license holder may not employ a person for an activity for which a license is required if the person's license is on inactive status.(f)  A person whose license is on inactive status may return the license to active status by:(1)  applying to the department for active status on a form prescribed by the department;(2)  paying the required fee; and(3)  providing evidence satisfactory to the department that the person has completed the number of hours of continuing education that would otherwise have been required for a renewal of an active license for the preceding license period.(g)  The commission may set fees and adopt rules as necessary to implement this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 10, eff. May 1, 2010.|
TX Occ Code § 51.4012 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 51 - Texas Department of Licensing and Regulation|Subchapter H. License Requirements|Section 51.4012. License Eligibility Requirements Regarding Applicant's Background; Determination Letter

Sec. 51.4012.  LICENSE ELIGIBILITY REQUIREMENTS REGARDING APPLICANT'S BACKGROUND; DETERMINATION LETTER.  (a)  Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history.(b)  Before applying for a license from the department, a person may request that the department issue a letter determining whether the person would be eligible for a license under Subsection (a) of this section, Section 51.356, or Chapter 53.  To obtain a determination letter, a person must file a request on a form prescribed by the department and pay the required fee.(c)  Not later than the 30th day after the date the department makes its determination, the department shall issue the determination letter to the person.(d)  The department has the same powers to investigate a request filed under this section as the department has to investigate a person applying for a license.(e)  A determination letter issued under this section that is adverse to a person does not prevent the person from subsequently applying for a license.(f)  The department is not bound by its determination that the person would be eligible if, after the issuance of the determination letter, the department determines there has been a change in a person's circumstances or discovers a previously undiscovered fact.(g)  A determination under this section is not a contested case under Chapter 2001, Government Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 10, eff. May 1, 2010.Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.11, eff. September 1, 2021.|