reglab/housing_qa huggingface dataset:
TX Occ Code § 1954.259 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter F. Practice by Holder of License or Registration|Section 1954.259. Survey Required

Sec. 1954.259.  SURVEY REQUIRED.  (a)  In this section, "permit" means a license, certificate, approval, registration, consent, permit, or other form of authorization that a person is required by law, rule, regulation, order, or ordinance to obtain to perform an action, or to initiate, continue, or complete a project, for which the authorization is sought.(b)  A municipality that requires a person to obtain a permit before renovating or demolishing a public or commercial building may not issue the permit unless the applicant provides:(1)  evidence acceptable to the municipality that an asbestos survey, as required by this chapter, of all parts of the building affected by the planned renovation or demolition has been completed by a person licensed under this chapter to perform a survey;  or(2)  a certification from a licensed engineer or registered architect, stating that:(A)  the engineer or architect has reviewed the material safety data sheets for the materials used in the original construction, the subsequent renovations or alterations of all parts of the building affected by the planned renovation or demolition, and any asbestos surveys of the building previously conducted in accordance with this chapter;  and(B)  in the engineer's or architect's professional opinion, all parts of the building affected by the planned renovation or demolition do not contain asbestos.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.456(a), eff. Sept. 1, 2003.|
TX Occ Code § 1954.260 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter F. Practice by Holder of License or Registration|Section 1954.260. Duration of Asbestos Survey

Sec. 1954.260.  DURATION OF ASBESTOS SURVEY.  An asbestos survey performed for a public building as required by this chapter and any other law is valid if the survey was performed in compliance with the laws in effect at the time the survey was completed and the survey identifies any asbestos-containing building material, the location of that material, and any other asbestos condition in the building.  Any renovation, construction, or other activity for which an asbestos survey is required shall be conducted without the requirement of obtaining a new asbestos survey if a valid asbestos survey exists.|Acts 2003, 78th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 2003.|
TX Occ Code § 1954.301 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter G. Prohibited Practices and Disciplinary Procedures|Section 1954.301. Disciplinary Powers of Department

Sec. 1954.301.  DISCIPLINARY POWERS OF DEPARTMENT.  (a)  If an act or omission of a person licensed under this chapter constitutes grounds prescribed for disciplinary action under Section 1954.302, the department, after providing the person with notice and an opportunity for a hearing, shall:(1)  revoke or suspend the person's license;(2)  suspend the license on an emergency basis;(3)  modify the license;  or(4)  reprimand the person.(b)  If an act or omission of a person registered under this chapter constitutes grounds for disciplinary action under Section 1954.303, the department, after providing the person with notice and an opportunity for a hearing, shall:(1)  refuse to renew the person's registration;(2)  revoke or suspend the registration;(3)  suspend the registration on an emergency basis;  or(4)  reprimand the person.(c)  After providing the sponsor of an asbestos training course with notice and an opportunity for a hearing, the department may:(1)  revoke or suspend the approval of the course;  or(2)  suspend the approval of the course on an emergency basis.(d)  The department may place on probation a person whose license or registration is suspended.  If a suspension is probated, the department 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 department; or(3)  continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.277, eff. April 2, 2015.|
TX Occ Code § 1954.302 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter G. Prohibited Practices and Disciplinary Procedures|Section 1954.302. Grounds for Discipline of License Holder

Sec. 1954.302.  GROUNDS FOR DISCIPLINE OF LICENSE HOLDER.  The executive commissioner by rule shall adopt the criteria for the department to take disciplinary action against a license holder under Section 1954.301.  At a minimum, the criteria must require disciplinary action against a license holder who:(1)  commits fraud or deception in obtaining or attempting to obtain a license or a contract to perform an asbestos-related activity;(2)  fails at any time to meet the qualifications for a license;(3)  violates a rule adopted under this chapter;(4)  violates an applicable federal or state standard for asbestos-related activities; or(5)  falsifies or fails to maintain a record of an asbestos-related activity required by a federal agency or by the department.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.278, eff. April 2, 2015.|
TX Occ Code § 1954.303 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter G. Prohibited Practices and Disciplinary Procedures|Section 1954.303. Grounds for Discipline of Registered Person

Sec. 1954.303.  GROUNDS FOR DISCIPLINE OF REGISTERED PERSON.  The department shall take disciplinary action under Section 1954.301 against a person registered under this chapter who:(1)  fraudulently or deceptively assigns, obtains, or attempts to assign or obtain a registration or the renewal of a registration; or(2)  violates:(A)  a federal, state, or local asbestos law or rule; or(B)  an order issued by the executive commissioner or department.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.279, eff. April 2, 2015.|
TX Occ Code § 1954.304 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter G. Prohibited Practices and Disciplinary Procedures|Section 1954.304. Action Based on Complaints Against Asbestos Abatement Supervisor

Sec. 1954.304.  ACTION BASED ON COMPLAINTS AGAINST ASBESTOS ABATEMENT SUPERVISOR.  (a)  If the department receives three validated complaints against an asbestos abatement supervisor regarding noncompliance with this chapter, the department shall:(1)  revoke the supervisor's license;  and(2)  issue to the supervisor a registration.(b)  A registration issued under this section expires six months from the date of issuance.  The asbestos abatement supervisor may reapply for a license after the registration expires.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1954.305 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter G. Prohibited Practices and Disciplinary Procedures|Section 1954.305. Procedure for Emergency Suspension

Sec. 1954.305.  PROCEDURE FOR EMERGENCY SUSPENSION.  (a)  The suspension on an emergency basis of a license or registration or of the approval of an asbestos training course is effective immediately.(b)  The department shall provide to the person whose license, registration, or asbestos training course approval is suspended on an emergency basis an opportunity for a hearing not later than the 20th day after the date of the suspension.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1954.306 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter G. Prohibited Practices and Disciplinary Procedures|Section 1954.306. Administrative Procedure

Sec. 1954.306.  ADMINISTRATIVE PROCEDURE.  A notice and hearing required under this subchapter and judicial review of a final administrative decision issued under this subchapter are governed by Chapter 2001, Government Code, and the department rules for contested case hearings.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.280, eff. April 2, 2015.|
TX Occ Code § 1954.307 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter G. Prohibited Practices and Disciplinary Procedures|Section 1954.307. Reapplication Following License Revocation or Suspension

Sec. 1954.307.  REAPPLICATION FOLLOWING LICENSE REVOCATION OR SUSPENSION.  A person whose license is revoked or suspended may not reapply for a license until after the period stated in a schedule established by department rule.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.281, eff. April 2, 2015.|
TX Occ Code § 1954.351 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter H. Administrative Penalty|Section 1954.351. Imposition of Administrative Penalty

Sec. 1954.351.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The department may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.|
TX Occ Code § 1954.352 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter H. Administrative Penalty|Section 1954.352. Amount of Penalty

Sec. 1954.352.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $10,000 a day for each violation.  Each day a violation continues may be considered a separate violation for purposes of imposing a penalty.(b)  In determining the amount of the penalty, the department shall consider:(1)  the seriousness of the violation;(2)  any hazard created to the health and safety of the public;(3)  the person's history of previous violations; and(4)  any other matter that justice may require.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.|
TX Occ Code § 1954.353 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter H. Administrative Penalty|Section 1954.353. Opportunity for Hearing; Order

Sec. 1954.353.  OPPORTUNITY FOR HEARING; ORDER.  (a)  The department may impose an administrative penalty under this subchapter only after the person charged with a violation is given the opportunity for a hearing.(b)  If a hearing is held, the department shall make findings of fact and issue a written decision as to:(1)  the occurrence of the violation; and(2)  the amount of any penalty that is warranted.(c)  If the person charged with a violation fails to exercise the opportunity for a hearing, the department, after determining that a violation occurred and the amount of the penalty that is warranted, may impose a penalty and shall issue an order requiring the person to pay any penalty imposed.(d)  Not later than the 30th day after the date an order is issued after determining that a violation occurred, the department shall inform the person charged with the violation of the amount of any penalty imposed.(e)  The department may consolidate a hearing under this section with another proceeding.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.|
TX Occ Code § 1954.354 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter H. Administrative Penalty|Section 1954.354. Options Following Decision

Sec. 1954.354.  OPTIONS FOLLOWING DECISION.  (a)  Not later than the 30th day after the date the department's decision or order becomes final as provided by Section 2001.144, Government Code, the person shall:(1)  pay the administrative penalty; or(2)  file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.(b)  Within the 30-day period, a person who acts under Subsection (a)(2) may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account; or(B)  posting with the court a supersedeas bond in a form approved by the court that is for the amount of the penalty and is effective until judicial review of the department's decision or order is final; or(2)  request that the department stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and(B)  sending a copy of the affidavit to the department.(c)  If the department receives a copy of an affidavit under Subsection (b)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.|
TX Occ Code § 1954.355 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter H. Administrative Penalty|Section 1954.355. Collection of Penalty

Sec. 1954.355.  COLLECTION OF PENALTY.  At the request of the department, the attorney general may bring a civil action to recover an administrative penalty imposed under this subchapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.|
TX Occ Code § 1954.356 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter H. Administrative Penalty|Section 1954.356. Judicial Review

Sec. 1954.356.  JUDICIAL REVIEW.  Judicial review of a decision or order of the department imposing a penalty under this subchapter is instituted by filing a petition with a district court in Travis County and is under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.|
TX Occ Code § 1954.357 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter H. Administrative Penalty|Section 1954.357. Remittance of Penalty and Interest or Release of Bond

Sec. 1954.357.  REMITTANCE OF PENALTY AND INTEREST OR RELEASE OF BOND.  If after judicial review the administrative penalty is reduced or is not upheld by the court, the department shall:(1)  remit the appropriate amount, plus accrued interest, to the person not later than the 30th day after the date of the determination, if the person paid the penalty; or(2)  execute a release of the bond, if the person gave a bond.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, eff. April 2, 2015.|
TX Occ Code § 1954.401 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter I. Other Penalties and Enforcement Provisions|Section 1954.401. Injunctive Relief; Civil Penalty

Sec. 1954.401.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The commissioner may request the attorney general or the district, county, or city attorney having jurisdiction to bring a civil suit for injunctive relief, the assessment and recovery of a civil penalty, or both, against a person who:(1)  appears to have violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter;  or(2)  owns a public building or is the owner's agent and has contracted with or otherwise permitted a person who is not licensed or registered under this chapter to perform in the building an activity for which a license or registration is required.(b)  A civil penalty may not exceed $10,000 a day for each violation.  Each day a violation occurs or continues to occur is a separate violation for purposes of imposing a penalty.(c)  In determining the amount of a civil penalty, the court shall consider:(1)  the seriousness of the violation;(2)  any hazard created to the health and safety of the public;(3)  the person's history of previous violations;  and(4)  the demonstrated good faith of the person charged with the violation. (d)  A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury.  A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1954.402 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1954 - Asbestos Health Protection|Subchapter I. Other Penalties and Enforcement Provisions|Section 1954.402. Criminal Penalty

Sec. 1954.402.  CRIMINAL PENALTY.  (a)  A person required to be licensed under this chapter commits an offense if the person:(1)  removes asbestos from a public building or encapsulates the asbestos without a license after having been previously assessed a civil or administrative penalty for removing or encapsulating asbestos without a license;  or(2)  fails to keep records as required by Section 1954.251 after having been previously assessed a civil or administrative penalty for failing to keep records.(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $20,000, unless the defendant has been previously convicted under this section, in which event the offense is punishable by:(1)  a fine not to exceed $25,000;(2)  confinement in jail for not more than two years;  or(3)  both the fine and confinement.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1955.001 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1955 - Lead-Based Paint Abatement|Subchapter A. General Provisions|Section 1955.001. Definitions

Sec. 1955.001.  DEFINITIONS.  In this chapter:(1)   "Child-occupied facility" means a building or part of a building constructed before 1978, including a day-care center, preschool, or kindergarten classroom, that is visited regularly by the same child, six years of age or younger, at least two days in any calendar week if the visits are for at least:(A)  three hours each day; and(B)  60 hours each year.(2)  "Department" means the Department of State Health Services.(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(4)  "Federal law and rules" means:(A)  Title IV, Toxic Substances Control Act (15 U.S.C. Section 2681 et seq.), and the rules adopted by the United States Environmental Protection Agency under that law for authorization of state programs;(B)  any regulations or requirements adopted by the United States Department of Housing and Urban Development regarding eligibility for grants to states and local governments;  and(C)  any other requirements adopted by a federal agency with jurisdiction over lead hazards.(5)  "Lead-based paint activity" means inspection, testing, risk assessment, risk reduction, lead abatement project design or planning, abatement or removal, or creation of lead-based paint hazards.(6)  "Person" means an individual, corporation, company, contractor, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of individuals.(7)  "Target housing" means any housing constructed before 1978, other than:(A)  housing for the elderly or persons with disabilities, unless a child six years of age or younger resides or is expected to reside in the housing;  or(B)  a dwelling without bedrooms.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.283, eff. April 2, 2015.|