reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 440.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter A. General Provisions|Section 440.002. Purpose

Sec. 440.002.  PURPOSE.  The legislature finds that a statewide licensing act is needed to:(1)  regulate manufacturers of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products;(2)  provide for uniformity of inspections of the premises of frozen dessert manufacturers;(3)  protect the health and safety of consumers by preventing the manufacture or distribution of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products that do not meet state standards or related requirements of purity or labeling;  and(4)  assist manufacturers in meeting state standards or related requirements.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.|
TX Health & Safety Code § 440.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter A. General Provisions|Section 440.004. Exemptions

Sec. 440.004.  EXEMPTIONS.  This chapter does not apply to:(1)  a person operating a frozen desserts retail establishment;  or(2)  a person operating a retail store unless the person is also a manufacturer.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.|
TX Health & Safety Code § 440.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter A. General Provisions|Section 440.005. Hearings

Sec. 440.005.  HEARINGS.   A hearing conducted in the administration of this chapter is governed by Chapter 2001, Government Code.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1149, eff. April 2, 2015.|
TX Health & Safety Code § 440.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter A. General Provisions|Section 440.006. Powers of Executive Commissioner

Sec. 440.006.  POWERS OF EXECUTIVE COMMISSIONER.  The executive commissioner may:(1)  adopt rules prescribing standards or related requirements for the operation of establishments for the manufacture of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products, including standards or requirements for the:(A)  health, cleanliness, education, and training of personnel who are employed in the establishments;(B)  protection of raw materials, manufactured merchandise, and merchandise held for sale;(C)  design, construction, installation, and cleanliness of equipment and utensils;(D)  sanitary facilities and controls of the establishments;(E)  establishment construction and maintenance, including vehicles;(F)  production processes and controls; and(G)  institution and content of a system of records to be maintained by the establishment; and(2)  adopt rules prescribing procedures for the enforcement of the standards or related requirements prescribed under Subdivision (1), including procedures for the:(A)  requirement of a valid license to operate an establishment;(B)  issuance, suspension, revocation, and reinstatement of licenses;(C)  administrative hearings held under this chapter;(D)  institution of certain court proceedings by the department or its designee;(E)  inspection of establishments and securing of samples of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products;(F)  access to the establishments and to the vehicles used in operations;(G)  compliance by manufacturers outside the jurisdiction of the state; and(H)  review of plans for future construction.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1150, eff. April 2, 2015.|
TX Health & Safety Code § 440.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter A. General Provisions|Section 440.007. Applicability of Other Law

Sec. 440.007.  APPLICABILITY OF OTHER LAW.  Except as provided by Section 431.009(c), Chapter 431 applies to a person or product regulated under this chapter, including a frozen dessert manufacturer, a frozen dessert, an imitation frozen dessert, a product sold in semblance of a frozen dessert, and a mix for one of those products.|Added by Acts 2003, 78th Leg., ch. 112, Sec. 3, eff. Sept. 1, 2003.|
TX Health & Safety Code § 440.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter B. Licensing|Section 440.011. Prohibited Act

Sec. 440.011.  PROHIBITED ACT.  (a)  A person may not operate an establishment for the manufacture of a frozen dessert, imitation frozen dessert, product sold in semblance of a frozen dessert, or a mix for one of those products in this state unless the person has a valid license issued under this chapter.(b)  A political subdivision or agency of the state, other than the department, may not impose a license fee on any manufacturer covered by this section.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.|
TX Health & Safety Code § 440.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter B. Licensing|Section 440.012. License

Sec. 440.012.  LICENSE.  (a)  A person desiring to operate an establishment for the manufacture of a frozen dessert, imitation frozen dessert, product sold in semblance of a frozen dessert, or a mix for one of those products may apply to the department for a license.  A license shall be granted under the department's procedural rules and shall be issued only for the purpose and use as stated on the application for a license.(b)  The department shall inspect the establishment under Section 440.031 before issuing a license.(c)  A license may not be issued to a person who does not comply with the standards prescribed by department rule under this chapter.(d)  A license issued under this chapter must be renewed every two years in accordance with department rules.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1151, eff. April 2, 2015.|
TX Health & Safety Code § 440.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter B. Licensing|Section 440.013. Fees

Sec. 440.013.  FEES.  (a)  A nonrefundable fee for each establishment in an amount set by the executive commissioner by rule as prescribed by Section 12.0111 must accompany each application for a license.(b)  The department also shall assess the following fees in the amounts set by the executive commissioner by rule as prescribed by Section 12.0111:(1)  a fee for a frozen dessert manufacturer located in this state in an amount per 100 pounds of manufactured or processed frozen dessert manufactured or processed and distributed in this state by that manufacturer;(2)  a fee for a frozen dessert manufacturer not located in this state in an amount per 100 pounds of frozen desserts manufactured or processed by the manufacturer in another state and imported for sale in this state;  and(3)  a fee for the actual cost of analyzing samples of frozen desserts for a frozen dessert manufacturer not located in this state.(c)  The executive commissioner shall adopt rules to collect fees imposed under this section monthly based on amounts due by the frozen dessert manufacturer.(d)  The department may revoke a license to operate a frozen desserts plant if the licensee fails to make a timely payment of the monthly fees required under this section.  The department's rules of procedure for a contested case hearing and Chapter 2001, Government Code govern the revocation of a license.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1152, eff. April 2, 2015.|
TX Health & Safety Code § 440.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter B. Licensing|Section 440.014. Recordkeeping

Sec. 440.014.  RECORDKEEPING.  The executive commissioner shall adopt rules establishing minimum standards for recordkeeping by persons required to pay fees under this chapter and the records shall be made available to the department on request.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1153, eff. April 2, 2015.|
TX Health & Safety Code § 440.015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter B. Licensing|Section 440.015. Establishments Outside State

Sec. 440.015.  ESTABLISHMENTS OUTSIDE STATE.  A frozen dessert, imitation frozen dessert, product sold in semblance of a frozen dessert, or a mix for one of those products from a manufacturer located outside this state may be sold or distributed in this state if the manufacturer complies with this chapter or complies with other regulatory requirements that are substantially equivalent to those of this state.  To determine the extent of the manufacturer's compliance, the department may accept reports from responsible authorities in the jurisdiction in which the manufacturer is located.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.|
TX Health & Safety Code § 440.016 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter B. Licensing|Section 440.016. Temporary Permit

Sec. 440.016.  TEMPORARY PERMIT.  The department may issue a temporary permit to continue the operation of an establishment for the manufacture of a frozen dessert, imitation frozen dessert, product sold in semblance of a frozen dessert, or mix for one of those products until the department performs the inspection required by this chapter.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.|
TX Health & Safety Code § 440.017 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter B. Licensing|Section 440.017. Refusal to Grant License; Suspension or Revocation of License

Sec. 440.017.  REFUSAL TO GRANT LICENSE;  SUSPENSION OR REVOCATION OF LICENSE.  In accordance with rules adopted under Section 440.006, the department may refuse an application for a license under this chapter or may suspend or revoke a license issued under this chapter.|Added by Acts 2003, 78th Leg., ch. 112, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1154, eff. April 2, 2015.|
TX Health & Safety Code § 440.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter C. Enforcement|Section 440.031. Inspection by Department

Sec. 440.031.  INSPECTION BY DEPARTMENT.  (a)  Under rules adopted by the executive commissioner, the department's authorized representatives have free access at all reasonable hours to any establishment for the manufacture of a frozen dessert, imitation frozen dessert, product sold in semblance of a frozen dessert, or a mix for one of those products or to any vehicle being used to transport in commerce a frozen dessert, imitation frozen dessert, product sold in semblance of a frozen dessert, or a mix for one of those products for the purpose of:(1)  inspecting the establishment or vehicle to determine compliance with the standards or related requirements prescribed under this chapter; or(2)  securing samples of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or a mix for one of those products for the purpose of making or causing to be made an examination of the samples to determine compliance with the standards or related requirements prescribed under this chapter.(b)  A political subdivision or an agency other than the department that collects samples described by Subsection (a)(2) shall bear the cost of the samples and any analyses of the samples.(c)  The inspection procedures provided by this section are in addition to the procedures provided by Chapter 431.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 112, Sec. 5, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1155, eff. April 2, 2015.|
TX Health & Safety Code § 440.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 440 - Frozen Desserts Manufacturer Licensing Act|Subchapter C. Enforcement|Section 440.032. Penalties

Sec. 440.032.  PENALTIES.  (a)  A person commits an offense if the person knowingly or intentionally violates Section 440.011 or a rule adopted under this chapter.(b)  An offense under this section is a Class C misdemeanor.(c)  The penalty prescribed by this section is in addition to any civil or administrative penalty or sanction otherwise imposed under Chapter 431 or other law.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 112, Sec. 6, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1156, eff. April 2, 2015.|
TX Health & Safety Code § 441.0001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 441 - Drug Cost Transparency|Subchapter A. General Provisions|Section 441.0001. Definitions

Sec. 441.0001.  DEFINITIONS.  In this chapter:(1)  "Animal health product" means a medical product approved and licensed for use in animal or veterinary medicine, including a pharmaceutical, a biologic, an insecticide, and a parasiticide.(2)  "Pharmaceutical drug manufacturer" means a person engaged in the business of producing, preparing, propagating, compounding, converting, processing, packaging, labeling, or distributing a drug.  The term does not include a wholesale distributor or retailer of prescription drugs or a pharmacist licensed under Subtitle J, Title 3, Occupations Code.(3)  "Prescription drug" and "drug" have the meanings assigned by Section 551.003, Occupations Code, except that the term "prescription drug" does not include a device or an animal health product.(4)  "Wholesale acquisition cost" means, with respect to a drug, the pharmaceutical drug manufacturer's list price for the drug charged to wholesalers or direct purchasers in the United States, as reported in wholesale price guides or other publications of drug pricing data.  The cost does not include any rebates, prompt pay or other discounts, or other reductions in price.|Added by Acts 2019, 86th Leg., R.S., Ch. 1291 (H.B. 2536), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 441.0003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 441 - Drug Cost Transparency|Subchapter A. General Provisions|Section 441.0003. Rules

Sec. 441.0003.  RULES.  The executive commissioner may adopt rules to implement this chapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 50 (H.B. 1033), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 441.0051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 441 - Drug Cost Transparency|Subchapter B. Prescription Drug Price Disclosure|Section 441.0051. Annual Report

Sec. 441.0051.  ANNUAL REPORT.   Not later than the 15th day of each calendar year, a pharmaceutical drug manufacturer shall submit a report to the department stating the current wholesale acquisition cost information for the United States Food and Drug Administration-approved prescription drugs sold in or into this state by that manufacturer.|Added by Acts 2019, 86th Leg., R.S., Ch. 1291 (H.B. 2536), Sec. 1, eff. September 1, 2019.Transferred, redesignated and amended from Health and Safety Code, Section 441.0002 by Acts 2021, 87th Leg., R.S., Ch. 50 (H.B. 1033), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 441.0052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 441 - Drug Cost Transparency|Subchapter B. Prescription Drug Price Disclosure|Section 441.0052. Prescription Drug Price Information Internet Website

Sec. 441.0052.  PRESCRIPTION DRUG PRICE INFORMATION INTERNET WEBSITE.  The department shall develop an Internet website to provide to the general public prescription drug price information submitted under Section 441.0051.  The Internet website shall be made available on the department's Internet website with a dedicated link that is prominently displayed on the home page or by a separate easily identifiable Internet address.|Added by Acts 2019, 86th Leg., R.S., Ch. 1291 (H.B. 2536), Sec. 1, eff. September 1, 2019.Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 50 (H.B. 1033), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 441.0053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 441 - Drug Cost Transparency|Subchapter B. Prescription Drug Price Disclosure|Section 441.0053. Prescription Drug Cost Increase Report and Information

Sec. 441.0053.  PRESCRIPTION DRUG COST INCREASE REPORT AND INFORMATION.  (a)  This subsection applies only to a prescription drug with a wholesale acquisition cost of at least $100 for a 30-day supply before the effective date of an increase described by this subsection. Not later than the 30th day after the effective date of an increase of 40 percent or more over the preceding three calendar years or 15 percent or more in the preceding calendar year in the wholesale acquisition cost of a prescription drug to which this subsection applies, a pharmaceutical drug manufacturer shall submit a report to the executive commissioner. The report must include the following information:(1)  the name of the prescription drug;(2)  whether the prescription drug is a brand name or generic;(3)  the effective date of the change in wholesale acquisition cost; and(4)  a statement regarding the factor or factors that caused the increase in the wholesale acquisition cost and an explanation of the role of each factor's impact on the cost.(b)  If during a calendar year a prescription drug with a wholesale acquisition cost of at least $100 for a 30-day supply increases in price by 40 percent or more over the preceding three calendar years or 15 percent or more in the preceding calendar year in the wholesale acquisition cost of the prescription drug, the pharmaceutical drug manufacturer must include in the annual report submitted under Section 441.0051 the following information:(1)  aggregate, company-level research and development costs for the most recent year for which final audit data is available;(2)  the name of each of the manufacturer's prescription drugs approved by the United States Food and Drug Administration in the previous three calendar years; and(3)  the name of each of the manufacturer's prescription drugs that lost patent exclusivity in the United States in the previous three calendar years.(c)  The quality and types of information and data that a pharmaceutical drug manufacturer submits to the department under Subsections (a) and (b) must be consistent with the quality and types of information and data that the manufacturer includes in the manufacturer's annual consolidated report on Securities and Exchange Commission Form 10-K or any other public disclosure.|Added by Acts 2019, 86th Leg., R.S., Ch. 1291 (H.B. 2536), Sec. 1, eff. September 1, 2019.Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 50 (H.B. 1033), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 441.0054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 441 - Drug Cost Transparency|Subchapter B. Prescription Drug Price Disclosure|Section 441.0054. Publication of Cost Increase Information

Sec. 441.0054.  PUBLICATION OF COST INCREASE INFORMATION.  Not later than the 60th day after receipt of the report submitted under Section 441.0051 or 441.0053(a), the department shall publish the cost increase information required by Section 441.0053 on the department's prescription drug price information Internet website.|Added by Acts 2019, 86th Leg., R.S., Ch. 1291 (H.B. 2536), Sec. 1, eff. September 1, 2019.Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 50 (H.B. 1033), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 441.0055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 441 - Drug Cost Transparency|Subchapter B. Prescription Drug Price Disclosure|Section 441.0055. Fee

Sec. 441.0055.  FEE.  (a)  A pharmaceutical drug manufacturer shall submit a fee in the amount provided by department rule with each report submitted under this subchapter.(b)  The executive commissioner by rule shall set the fee in the amount necessary for the department to administer this chapter, not to exceed $400.|Added by Acts 2021, 87th Leg., R.S., Ch. 50 (H.B. 1033), Sec. 4, eff. September 1, 2021.|