reglab/housing_qa huggingface dataset:
TX Hum Res Code § 36.110 (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 36.110. Award to Private Plaintiff

Sec. 36.110.  AWARD TO PRIVATE PLAINTIFF.  (a)  If the state proceeds with an action under this subchapter, the person bringing the action is entitled, except as provided by Subsection (b), to receive at least 15 percent but not more than 25 percent of the proceeds of the action, depending on the extent to which the person substantially contributed to the prosecution of the action.(a-1)  If the state does not proceed with an action under this subchapter, the person bringing the action is entitled, except as provided by Subsection (b), to receive at least 25 percent but not more than 30 percent of the proceeds of the action.  The entitlement of a person under this subsection is not affected by any subsequent intervention in the action by the state in accordance with Section 36.104(b-1).(b)  If the court finds that the action is based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a Texas or federal criminal or civil hearing, in a Texas or federal legislative or administrative report, hearing, audit, or investigation, or from the news media, the court may award the amount the court considers appropriate but not more than 10 percent of the proceeds of the action.  The court shall consider the significance of the information and the role of the person bringing the action in advancing the case to litigation.(c)  A payment to a person under this section shall be made from the proceeds of the action.  A person receiving a payment under this section is also entitled to receive from the defendant an amount for reasonable expenses, reasonable attorney's fees, and costs that the court finds to have been necessarily incurred.  The court's determination of expenses, fees, and costs to be awarded under this subsection shall be made only after the defendant has been found liable in the action or the claim is settled.(d)  In this section, "proceeds of the action" includes proceeds of a settlement of the action.|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. 13, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 5, eff. May 4, 2007.Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 4, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 3, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.184, eff. April 2, 2015.|
TX Hum Res Code § 36.111 (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 36.111. Reduction of Award

Sec. 36.111.  REDUCTION OF AWARD.  (a)  If the court finds that the action was brought by a person who planned and initiated the violation of Section 36.002 on which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action the person would otherwise receive under Section 36.110, taking into account the person's role in advancing the case to litigation and any relevant circumstances pertaining to the violation.(b)  If the person bringing the action is convicted of criminal conduct arising from the person's role in the violation of Section 36.002, the court shall dismiss the person from the civil action and the person may not receive any share of the proceeds of the action.  A dismissal under this subsection does not prejudice the right of the state to continue the action.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.112 (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 36.112. Award to Defendant for Frivolous Action

Sec. 36.112.  AWARD TO DEFENDANT FOR FRIVOLOUS ACTION.  Chapter 105, Civil Practice and Remedies Code, applies in an action under this subchapter with which the state proceeds.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.113 (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 36.113. Certain Actions Barred

Sec. 36.113.  CERTAIN ACTIONS BARRED.  (a)  A person may not bring an action under this subchapter that is based on allegations or transactions that are the subject of a civil suit or an administrative penalty proceeding in which the state is already a party.(b)  The court shall dismiss an action or claim under this subchapter, unless opposed by the attorney general, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a Texas or federal criminal or civil hearing in which the state or an agent of the state is a party, in a Texas legislative or administrative report, or other Texas hearing, audit, or investigation, or from the news media, unless the person bringing the action is an original source of the information.  In this subsection, "original source" means an individual who:(1)  prior to a public disclosure under this subsection, has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based; or(2)  has knowledge that is independent of and materially adds to the publicly disclosed allegation or transactions and who has voluntarily provided the information to the state before filing an action under this subchapter.(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 572, Sec. 6, eff. September 1, 2013.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 5, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 4, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 6, eff. September 1, 2013.|
TX Hum Res Code § 36.114 (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 36.114. State Not Liable for Certain Expenses

Sec. 36.114.  STATE NOT LIABLE FOR CERTAIN EXPENSES.  The state is not liable for expenses that a person incurs in bringing an action under this subchapter.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.115 (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 36.115. Retaliation Against Person Prohibited

Sec. 36.115.  RETALIATION AGAINST PERSON PROHIBITED.  (a)  A person, including an employee, contractor, or agent, who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of a lawful act taken by the person or associated others in furtherance of an action under this subchapter, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this subchapter, or other efforts taken by the person to stop one or more violations of Section 36.002 is entitled to:(1)  reinstatement with the same seniority status the person would have had but for the discrimination; and(2)  not less than two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.(b)  A person may bring an action in the appropriate district court for the relief provided in this section.(c)  A person must bring suit on an action under this section not later than the third anniversary of the date on which the cause of action accrues.  For purposes of this section, the cause of action accrues on the date the retaliation occurs.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 6, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 7, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 5, eff. September 1, 2013.|
TX Hum Res Code § 36.116 (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 36.116. Sovereign Immunity Not Waived

Sec. 36.116.  SOVEREIGN IMMUNITY NOT WAIVED.  Except as provided by Section 36.112, this subchapter does not waive sovereign immunity.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.117 (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 36.117. Attorney General Compensation

Sec. 36.117.  ATTORNEY GENERAL COMPENSATION.  The office of the attorney general may retain a reasonable portion of recoveries under this subchapter, not to exceed amounts specified in the General Appropriations Act, for the administration of this subchapter.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.|
TX Hum Res Code § 36.132 (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 D. Revocation of Certain Occupational Licenses|Section 36.132. Revocation of Licenses

Sec. 36.132.  REVOCATION OF LICENSES.  (a)  In this section:(1)  "License" means a license, certificate, registration, permit, or other authorization that:(A)  is issued by a licensing authority;(B)  is subject before expiration to suspension, revocation, forfeiture, or termination by an issuing licensing authority;  and(C)  must be obtained before a person may practice or engage in a particular business, occupation, or profession.(2)  "Licensing authority" means:(A)  the Texas Medical Board;(B)  the State Board of Dental Examiners;(C)  the Texas Behavioral Health Executive Council;(D)  the Texas Board of Nursing;(E)  the Texas Board of Physical Therapy Examiners;(F)  the Texas Board of Occupational Therapy Examiners; or(G)  another state agency authorized to regulate a provider who receives or is eligible to receive payment for a health care service under the Medicaid program.(b)  A licensing authority shall revoke a license issued by the authority to a person if the person is convicted of a felony under Section 35A.02, Penal Code.  In revoking the license, the licensing authority shall comply with all procedures generally applicable to the licensing authority in revoking licenses.|Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.09, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.012, eff. Feb. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 15, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 70, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 3.005, eff. September 1, 2019.|
TX Hum Res Code § 40.001 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.001. Definitions

Sec. 40.001.  DEFINITIONS.  In this subtitle:(1)  Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(1), eff. September 1, 2005.(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(50), eff. April 2, 2015.(2-a)  "Council" means the Family and Protective Services Council.(3)  "Department" means the Department of Family and Protective Services.(4)  "Commissioner" means the commissioner of the Department of Family and Protective Services.(4-a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(50), eff. April 2, 2015.(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(42), eff. September 1, 2015.(6)  "State supported living center" has the meaning assigned by Section 531.002, Health and Safety Code.|Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 1.10, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.75, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.129(1), eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 23, eff. June 11, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(50), eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(42), eff. September 1, 2015.|
TX Hum Res Code § 40.0025 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.0025. Agency Functions

Sec. 40.0025.  AGENCY FUNCTIONS.  (a)  In this section, "function" includes a power, duty, program, or activity and an administrative support services function associated with the power, duty, program, or activity, unless consolidated under Section 531.02012, Government Code.(b)  In accordance with Subchapter A-1, Chapter 531, Government Code, and notwithstanding any other law, the department performs only functions, including the statewide intake of reports and other information, related to the following services:(1)  child protective services, including services that are required by federal law to be provided by this state's child welfare agency;(2)  adult protective services, other than investigations of the alleged abuse, neglect, or exploitation of an elderly person or person with a disability:(A)  in a facility operated, or in a facility or by a person licensed, certified, or registered, by a state agency; or(B)  by a provider that has contracted to provide home and community-based services; and(3)  prevention and early intervention services functions, including:(A)  prevention and early intervention services as defined under Section 265.001, Family Code; and(B)  programs that:(i)  provide parent education;(ii)  promote healthier parent-child relationships; or(iii)  prevent family violence.|Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.19, eff. September 1, 2017.|
TX Hum Res Code § 40.0026 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.0026. References in Law Meaning Department

Sec. 40.0026.  REFERENCES IN LAW MEANING DEPARTMENT.  In this code or any other law, a reference to the department or the commission in relation to a function described by Section 40.0025(b) means the department. |Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.19, eff. September 1, 2017.Amended by: Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 28, eff. September 1, 2017.|
TX Hum Res Code § 40.0027 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.0027. References in Law Meaning Commissioner or Designee

Sec. 40.0027.  REFERENCES IN LAW MEANING COMMISSIONER OR DESIGNEE.  In this code or in any other law, a reference to the commissioner or the executive commissioner in relation to a function described by Section 40.0025(b) means the commissioner. |Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.19, eff. September 1, 2017.Amended by: Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 28, eff. September 1, 2017.|
TX Hum Res Code § 40.003 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.003. Sunset Provision

Sec. 40.003.  SUNSET PROVISION.  The Department of Family and Protective Services is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2027.|Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 3, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.77, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.04, eff. June 15, 2007.Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.10, eff. July 10, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.13, eff. June 17, 2011.Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 4.04, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.09, eff. June 10, 2019.|
TX Hum Res Code § 40.004 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.004. Public Interest Information and Public Access

Sec. 40.004.  PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS.  (a)  The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the department.(b)  The commissioner, with the advice of the council, shall prepare information of public interest describing the functions of the department.  The commission shall make the information available to the public and appropriate state agencies.(c)  The commissioner shall grant an opportunity for a public hearing before the council makes recommendations to the commissioner regarding a substantive rule if a public hearing is requested by:(1)  at least 25 persons;(2)  a governmental entity;  or(3)  an association with at least 25 members.(d)  The executive commissioner shall consider fully all written and oral submissions about a proposed rule.|Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 1.12, eff. Sept. 1, 2003.|
TX Hum Res Code § 40.005 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.005. Confidentiality of Information

Sec. 40.005.  CONFIDENTIALITY OF INFORMATION.  (a)  The executive commissioner shall establish and the department shall enforce rules governing the custody, use, and preservation of the department's records, papers, files, and communications.(b)  The executive commissioner shall prescribe safeguards to govern the use or disclosure of information relating to a recipient of a department service or to an investigation the department conducts in performing its duties and responsibilities.  The safeguards must be consistent with the purposes of the department's programs and must comply with applicable state and federal law and department rules.(c)  Notwithstanding any other provision of law, the executive commissioner by rule may prescribe a process by which an administrative law judge may disclose requested confidential information that the department possesses.  The rules must provide that the information may be disclosed by the administrative law judge only if the administrative law judge:(1)  provides notice to the department and any interested party; and(2)  determines after an in camera review of the information that disclosure is essential to the administration of justice and will not endanger the life or safety of any individual.(d)  Except as otherwise provided, a person who is authorized to receive confidential information shall maintain its confidentiality and shall prevent disclosure of the information to a person who is not authorized to receive the information.(e)  A person commits an offense if the person discloses without authorization confidential information contained in the department's records, papers, files, or communications.  An offense under this subsection is a Class A misdemeanor.|Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.187, eff. April 2, 2015.|
TX Hum Res Code § 40.006 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.006. Application of Other Laws

Sec. 40.006.  APPLICATION OF OTHER LAWS.  (a)  The department is subject to Chapters 551, 2001, and 2002, Government Code.(b)  The department is not required to comply with Chapter 53, Occupations Code, in issuing a license or conducting a background check under Chapter 42 or 43.|Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 40.007 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 40 - Department of Family and Protective Services|Subchapter A. General Provisions|Section 40.007. Reporting Requirement; Professional Fees

Sec. 40.007.  REPORTING REQUIREMENT;  PROFESSIONAL FEES.  (a)  The department shall include in any report required by law concerning the department's expenditures information relating to fees for professional or consultative services provided for the general administration of the department.(b)  The report required under Subsection (a) may not include:(1)  professional fees paid for routine or special examinations to determine an individual's eligibility for a program administered by the department;(2)  professional fees for treatment, services, or care for individual recipients;  or(3)  fees for providing for the special needs of individual recipients, including the provision of appliances.|Added by Acts 1997, 75th Leg., ch. 165, Sec. 21.01(a), eff. Sept. 1, 1997.|