reglab/housing_qa huggingface dataset:
TX Occ Code § 651.506 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.506. Disciplinary Proceedings; Hearing Proceedings

Sec. 651.506.  DISCIPLINARY PROCEEDINGS;  HEARING PROCEEDINGS.  (a)  A proceeding conducted by the commission relating to the denial of a license or provisional license, the suspension or revocation of a license, the issuance of a reprimand, or the imposition of an administrative penalty assessed after a hearing as provided by Section 651.551 and judicial review of the proceeding are governed by Chapter 2001, Government Code.(b)  A proceeding brought under Subsection (a) shall be held before an administrative law judge employed by the State Office of Administrative Hearings.(c)  In the course of a proceeding, the administrative law judge may:(1)  administer an oath;(2)  take testimony;(3)  rule on a question of evidence;(4)  make a determination of fact;  or(5)  order compliance with a proper discovery request.(d)  The commission shall provide the administrative law judge with a written statement of all commission rules or policies that govern the proceeding.(e)  At the conclusion of the proceeding, the administrative law judge shall make a ruling on the matter accompanied by written findings of fact and conclusions of law.(f)  The commission shall review the findings of fact, conclusions of law, and ruling of the administrative law judge before making its final ruling in the proceeding.  The commission may also review a transcript of the proceeding before making its final ruling.  The commission shall adopt the ruling of the administrative law judge as its ruling unless it finds good cause to issue a different ruling.  The commission shall explain in writing the reasons for adopting a ruling other than the one issued by the administrative law judge.(g)  The commission shall inform each interested person, including a person filing the complaint, of the right to obtain at that person's cost a tape or transcript of a hearing or proceeding under this section.(h)  A member or agent of the commission who carries out the functions of the commission and is assigned to make a decision, finding of fact, or conclusion of law in a proceeding pending before the commission may not communicate directly or indirectly with a party to the proceeding or a party's representative unless notice and an opportunity to participate is given to all parties to the proceeding.(i)  Repealed by Acts 2001, 77th Leg., ch. 682, Sec. 3.01(a), eff. Sept. 1, 2001.(j)  Repealed by Acts 2003, 78th Leg., ch. 562, Sec. 42(4).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 3.01(a), eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.388, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 42(4), eff. Sept. 1, 2003.|
TX Occ Code § 651.5061 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.5061. Waiver of Hearing by Funeral or Crematory Establishment

Sec. 651.5061.  WAIVER OF HEARING BY FUNERAL OR CREMATORY ESTABLISHMENT.  A funeral or crematory establishment alleged to have violated this chapter or a rule adopted under this chapter may waive the right to a hearing as provided by Section 651.506 by written notification to the commission.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.388(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 178, Sec. 3, eff. Sept. 1, 2003.|
TX Occ Code § 651.507 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.507. Effect of Multiple Violations

Sec. 651.507.  EFFECT OF MULTIPLE VIOLATIONS.  (a)  The commission or an administrative law judge employed by the State Office of Administrative Hearings shall review each disciplinary proceeding to determine whether the license holder has previously violated the same provision of this chapter or rule adopted under this chapter.  If it is determined that the license holder has previously violated the same provision of this chapter or rule adopted under this chapter, the commission or administrative law judge shall impose a disciplinary action that is more severe than that imposed on the previous occasion.(b)  In a disciplinary proceeding involving multiple violations of this chapter, the commission or the administrative law judge shall impose a disciplinary action that is more severe than the disciplinary action that would be imposed cumulatively for each of the individual violations.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.390(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 31, eff. September 1, 2009.|
TX Occ Code § 651.508 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.508. Enforcement of Law Regulating Crematories

Sec. 651.508.  ENFORCEMENT OF LAW REGULATING CREMATORIES.  For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter.|Added by Acts 2003, 78th Leg., ch. 178, Sec. 4, eff. Sept. 1, 2003.|
TX Occ Code § 651.551 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.551. Assessment of Administrative Penalty

Sec. 651.551.  ASSESSMENT OF ADMINISTRATIVE PENALTY.  (a)  The commission may assess an administrative penalty against a person regulated under this chapter if the commission determines that the person has violated this chapter or a rule adopted under this chapter.(b)  The penalty may be assessed in the manner provided by this subchapter or after a hearing under Section 651.506.  If an administrative penalty is assessed after a hearing under Section 651.506, the commission shall follow the procedures described in Sections 651.555 through 651.558.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.5515 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.5515. Penalty Guidelines

Sec. 651.5515.  PENALTY GUIDELINES.  (a)  The commission by rule shall adopt guidelines that define and summarize the violations that occur under this subchapter to assist the commission in maintaining consistency in determining the amount of an administrative penalty assessed under Section 651.552.  Using those guidelines and the summary, the commission shall establish and maintain a chart that lists:(1)  the most common violations;(2)  the penalty amounts assessed for those violations;  and(3)  the factors used to grade each type of violation before determining the penalty amount under Section 651.552.(b)  The commission shall consider using focus groups to obtain business and consumer input to match appropriate penalties to violations before proposing the rules under this section.(c)  The commission shall post the guidelines on the commission's Internet site.|Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.29, eff. Sept. 1, 2001.|
TX Occ Code § 651.552 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.552. Amount of Penalty

Sec. 651.552.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty shall be not less than $100 or more than $5,000 for each violation.(b)  In determining the amount of the penalty, the commission shall base its decision on:(1)  the seriousness of the violation;(2)  the threat the violation poses to health and safety;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts made to correct the violation;(6)  the guidelines adopted under Section 651.5515;  and(7)  any other matter that justice requires.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.30, eff. Sept. 1, 2001.|
TX Occ Code § 651.553 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.553. Report and Notice of Violation and Penalty

Sec. 651.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If, after examining a possible violation and the facts relating to that violation, the commission determines that a violation has occurred, the commission shall issue a preliminary report stating:(1)  the facts on which the determination is based;(2)  that an administrative penalty is to be imposed;  and(3)  the amount of the penalty.(b)  Not later than the 10th day after the date the report is issued, the commission shall send to the person charged with the violation:(1)  a copy of the report;(2)  a statement of the right of the person to a hearing relating to the alleged violation;(3)  a statement of the amount of the penalty;  and(4)  an explanation for any significant deviation from the penalty amount assessed for similar violations.(c)  Until a hearing has been held on the possible violation, the amount to be assessed may be disclosed only to the person charged with the violation, unless that person has waived the right to a hearing or paid the amount to the commission.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.31, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.389(a), eff. Sept. 1, 2001.|
TX Occ Code § 651.554 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.554. Penalty to Be Paid or Hearing Requested

Sec. 651.554.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 30th day after the date the preliminary report is sent, the person charged may:(1)  make a written request for a hearing;  or(2)  pay the administrative penalty to the commission.(b)  Failure to request a hearing or pay the penalty within the time provided by this section waives the right to a hearing under this chapter.  If the right to a hearing is waived, the penalty is due not later than the 30th day after the date the preliminary report is sent.(c)  If the person fails to timely pay the penalty, the person's license is automatically suspended for six months.(d)  If the person requests a hearing, the hearing shall be conducted in the manner provided by Section 651.506.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.555 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.555. Options After Decision: Pay or Appeal

Sec. 651.555.  OPTIONS AFTER DECISION:  PAY OR APPEAL.  (a)  If an administrative penalty is assessed after a hearing conducted under Section 651.506, not later than the 30th day after the date the order is sent or a motion for rehearing is denied, the person charged shall:(1)  pay the penalty;  or(2)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.(b)  Not later than the 30-day period, a person who acts under Subsection (a)(2) must, if the penalty that the person wishes to contest is greater than $5,000:(1)  post a supersedeas bond in a form approved by the commission for the amount of the penalty;  or(2)  if the person cannot afford to pay the penalty or file the bond, file an affidavit in the manner required by the Texas Rules of Civil Procedure for a person who cannot afford to file security for costs.(c)  The commission may file a contest, as provided by the Texas Rules of Civil Procedure, to an affidavit filed under Subsection (b)(2).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.389(b), eff. Sept. 1, 2001.|
TX Occ Code § 651.556 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.556. Collection of Penalty

Sec. 651.556.  COLLECTION OF PENALTY.  On the commission's request, the attorney general shall bring a civil action to recover an administrative penalty owed under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.557 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.557. Remittance of Penalty

Sec. 651.557.  REMITTANCE OF PENALTY.  If, after judicial review, the court determines that a violation did not occur, the court shall order, when the court's judgment becomes final, the release of the bond if the person gave a supersedeas bond.  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.389(c), eff. Sept. 1, 2001.|
TX Occ Code § 651.558 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.558. License Suspension for Failure to Comply

Sec. 651.558.  LICENSE SUSPENSION FOR FAILURE TO COMPLY.  (a)  The commission shall suspend for six months the license of a person who fails to pay an administrative penalty or post a supersedeas bond within the time required by Section 651.555, or within a longer period agreed to by the commission.(b)  After notice and a hearing, the commission may extend the license suspension for a longer period or may revoke the license for failure to pay the penalty or post a supersedeas bond.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.559 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter L. Administrative Penalties|Section 651.559. Enforcement of Law Regulating Crematories

Sec. 651.559.  ENFORCEMENT OF LAW REGULATING CREMATORIES.  For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter.|Added by Acts 2003, 78th Leg., ch. 178, Sec. 5, eff. Sept. 1, 2003.|
TX Occ Code § 651.601 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter M. Other Penalties and Enforcement Provisions|Section 651.601. Injunction

Sec. 651.601.  INJUNCTION.  (a)  The commission in its own name or an adversely affected party may bring an action for appropriate injunctive relief against a funeral establishment, an embalmer, or a funeral director who violates this chapter or a rule adopted under this chapter.(a-1)  The commission may bring an action for appropriate injunctive relief against a crematory establishment that violates this chapter or a rule adopted under this chapter.(a-2)  The commission may bring an action for appropriate injunctive relief against a person who is not licensed under this chapter to enjoin a violation of this chapter or a rule adopted under this chapter.(b)  In an action brought by the commission, the commission shall be represented by the attorney general or a county or district attorney.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.391(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 178, Sec. 6, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 32, eff. September 1, 2019.|
TX Occ Code § 651.602 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter M. Other Penalties and Enforcement Provisions|Section 651.602. Criminal Penalty

Sec. 651.602.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:(1)  acts or holds the person out as a funeral director, embalmer, or provisional license holder without being licensed under this chapter;(2)  makes a first call in a manner that violates Section 651.401;(3)  is a funeral director, embalmer, or provisional license holder and engages in a funeral practice that violates this chapter or a rule adopted under this chapter;  or(4)  violates Chapter 154, Finance Code, or a rule adopted under that chapter, regardless of whether the Texas Department of Banking or another governmental agency takes action relating to the violation.(b)  An offense under this section is a Class B misdemeanor.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.603 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter M. Other Penalties and Enforcement Provisions|Section 651.603. Refund

Sec. 651.603.  REFUND.  (a)  The commission may order a license holder to pay a refund to a person harmed by the license holder's violation of this chapter or failure to fulfill the terms of a purchase agreement with the person.(b)  The amount of a refund ordered under this section may not exceed the actual amount paid by the person to the license holder.|Added by Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 33, eff. September 1, 2019.|
TX Occ Code § 651.651 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter N. Licensing Requirements: Crematories|Section 651.651. Definitions

Sec. 651.651.  DEFINITIONS.  In this subchapter:(1)  "Cremation" means the irreversible process of reducing human remains to bone fragments through direct flame, extreme heat, and evaporation.  The term may include pulverization, which is the process of reducing identifiable bone fragments after cremation and processing granulated particles by manual or mechanical means.(2)  "Crematory establishment" means a business licensed under this subchapter to operate a crematory and to perform cremation services.(3)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 33(2), eff. September 1, 2009.|Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.32, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 178, Sec. 8, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(2), eff. September 1, 2009.|
TX Occ Code § 651.652 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter N. Licensing Requirements: Crematories|Section 651.652. Applicability

Sec. 651.652.  APPLICABILITY.  (a)  This subchapter applies only to a crematory that sells goods or services related to the burial or final disposition of a body.(b) Repealed by Acts 2003, 78th Leg., R.S., Ch. 562, Sec. 44, eff. March 1, 2004.|Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.32, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 178, Sec. 9, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 562, Sec. 31, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 562, Sec. 44, eff. March 1, 2004.|
TX Occ Code § 651.656 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter N. Licensing Requirements: Crematories|Section 651.656. Crematory Establishment License Required

Sec. 651.656.  CREMATORY ESTABLISHMENT LICENSE REQUIRED.  (a)  A person may not conduct a crematory business in this state unless the person who is the owner or operator of the crematory holds a crematory establishment license issued by the commission.(b)  A person may not hold a crematory establishment license unless the person:(1)  holds a funeral establishment or commercial embalmers establishment license; or(2)  owns or operates a perpetual care cemetery.(c)  Subsection (b) does not apply to the owner or operator of a crematory registered with the commission on September 1, 2003.(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 33(2), eff. September 1, 2009.|Added by Acts 2003, 78th Leg., ch. 178, Sec. 14, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 596 (H.B. 56), Sec. 1, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(2), eff. September 1, 2009.|