reglab/housing_qa huggingface dataset:
TX Occ Code § 504.254 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter F. Disciplinary Proceedings|Section 504.254. Right to Administrative Hearing

Sec. 504.254.  RIGHT TO ADMINISTRATIVE HEARING.  (a)  If the department proposes to suspend, revoke, or refuse to renew a person's license, registration, or certification issued by the department, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.(b)  Procedures for disciplinary action are governed by Chapter 2001, Government Code.  Rules of practice adopted by the executive commissioner under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 17, eff. September 1, 2007.|
TX Occ Code § 504.255 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter F. Disciplinary Proceedings|Section 504.255. Appeal of Certain Denials, Refusals to Renew, and Suspensions

Sec. 504.255.  APPEAL OF CERTAIN DENIALS, REFUSALS TO RENEW, AND SUSPENSIONS.  (a)  A person whose license, registration, or certification application is denied under Section 504.1525, whose license, registration, or certification renewal is refused under Section 504.2025, or whose license, registration, or certification is suspended under Section 504.2525 may appeal the denial, refusal to renew, or suspension on the grounds that:(1)  the sole basis for the department's determination is a conviction or placement on community supervision for an offense described by Section 504.1525; and(2)  sufficient time, as determined by department rule, has expired since the date of the conviction or placement.(b)  A proceeding under this section is governed by Chapter 2001, Government Code.(c)  After a hearing under this section, the department may determine that the person is entitled to a license, registration, or certification under this chapter.|Added by Acts 2001, 77th Leg., ch. 1107, Sec. 7, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 17, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.114, eff. April 2, 2015.|
TX Occ Code § 504.301 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.301. Imposition of Penalty

Sec. 504.301.  IMPOSITION OF PENALTY.  The department may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 18, eff. September 1, 2007.|
TX Occ Code § 504.302 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.302. Amount of Penalty

Sec. 504.302.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty may not exceed $1,000 for each violation.  Each day of a continuing violation is a separate violation.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation;(2)  the history of previous violations;(3)  the amount necessary to deter a future violation;(4)  efforts made to correct the violation;  and(5)  any other matter that justice requires.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 504.303 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.303. Notice of Violation and Penalty

Sec. 504.303.  NOTICE OF VIOLATION AND PENALTY.  If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall give written notice of the violation to the person alleged to have committed the violation.  The notice must:(1)  include a brief summary of the alleged violation;(2)  state the amount of the proposed administrative penalty; and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 18, eff. September 1, 2007.|
TX Occ Code § 504.304 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.304. Penalty to Be Paid or Hearing Requested

Sec. 504.304.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice under Section 504.303, the person may:(1)  accept the department's determination and proposed administrative penalty; or(2)  make a written request for a hearing on that determination.(b)  If the person accepts the department's determination, the department by order shall approve the determination and assess the proposed penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 18, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.115, eff. April 2, 2015.|
TX Occ Code § 504.305 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.305. Hearing

Sec. 504.305.  HEARING.  (a)  If the person requests a hearing in a timely manner, the department shall set a hearing and give written notice of the hearing to the person.(b)  The department may employ a hearings examiner for this purpose.(c)  The hearings examiner shall:(1)  make findings of fact and conclusions of law; and(2)  promptly issue to the department a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 18, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.116, eff. April 2, 2015.|
TX Occ Code § 504.306 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.306. Decision by Department

Sec. 504.306.  DECISION BY DEPARTMENT.  (a)  Based on the findings of fact, conclusions of law, and recommendations of the hearings examiner, the department by order may determine that:(1)  a violation occurred and assess an administrative penalty; or(2)  a violation did not occur.(b)  The department shall give notice of the order to the person.  The notice must include:(1)  separate statements of the findings of fact and conclusions of law;(2)  the amount of any penalty assessed; and(3)  a statement of the person's right to judicial review of the order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 18, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.117, eff. April 2, 2015.|
TX Occ Code § 504.307 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.307. Options Following Decision: Pay or Appeal

Sec. 504.307.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the department's order becomes final, the person shall:(1)  pay the administrative penalty;(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both; or(3)  without paying the penalty, 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)(3) may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account; or(B)  giving to the court a supersedeas bond approved by the court that:(i)  is for the amount of the penalty; and(ii)  is effective until judicial review of the order is final; or(2)  request the court to 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)  giving a copy of the affidavit to the department by certified mail.(c)  If the department receives a copy of an affidavit under Subsection (b)(2), the department may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay 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 and to give a supersedeas bond.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 18, eff. September 1, 2007.|
TX Occ Code § 504.308 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.308. Determination by Court

Sec. 504.308.  DETERMINATION BY COURT.  (a)  If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 504.309 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.309. Remittance of Penalty and Interest

Sec. 504.309.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:(1)  order that the appropriate amount be remitted to the person if the person paid the penalty, plus accrued interest if the person paid the penalty under Section 504.307(a)(2);  or(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 504.310 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.310. Collection of Penalty

Sec. 504.310.  COLLECTION OF PENALTY.  (a)  In this section, "reasonable expenses and costs" includes expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.(b)  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed under Section 504.307, the department may refer the matter to the attorney general for collection of the penalty.(c)  The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, an administrative penalty is assessed against the person.  The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date the order of the department requiring the payment of expenses and costs is final.  The department may refer the matter to the attorney general for collection of expenses and costs.(d)  If the attorney general brings an action against a person to enforce an administrative penalty assessed under this chapter and the person is found liable for the administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 19, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.118, eff. April 2, 2015.|
TX Occ Code § 504.311 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter G. Administrative Penalty|Section 504.311. Administrative Procedure

Sec. 504.311.  ADMINISTRATIVE PROCEDURE.  A proceeding to assess an administrative penalty under this subchapter is subject to Chapter 2001, Government Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 504.351 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 504 - Chemical Dependency Counselors|Subchapter H. Other Penalties and Enforcement Provisions|Section 504.351. Injunctive Relief; Civil Penalty

Sec. 504.351.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted under this chapter, the department or the attorney general at the request of the department may institute an action in district court for an injunction, a civil penalty, or both.(b)  On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter or a rule adopted under this chapter, the district court may grant injunctive relief as the facts warrant.  The department is not required to give an appeal bond in an appeal of an action seeking injunctive relief under this section.(c)  The amount of a civil penalty imposed under this section may not be less than $50 or more than $500 for each day of the violation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 20, eff. September 1, 2007.|
TX Occ Code § 505.001 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 505 - Social Workers|Subchapter A. General Provisions|Section 505.001. Short Title

Sec. 505.001.  SHORT TITLE.  This chapter may be cited as the Social Work Practice Act.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 1, eff. Sept. 1, 2003.|
TX Occ Code § 505.002 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 505 - Social Workers|Subchapter A. General Provisions|Section 505.002. Definitions

Sec. 505.002.  DEFINITIONS.  In this chapter:(1)  "Board" means the Texas State Board of Social Worker Examiners.(2)  "Council on Social Work Education" means the national organization that is primarily responsible for the accreditation of schools of social work in the United States or its successor approved by the executive council.(3)  "Executive council" means the Texas Behavioral Health Executive Council.(4)   "Licensed baccalaureate social worker" means a person who holds a baccalaureate social worker license issued under this chapter.(5)  "Licensed clinical social worker" means a person who holds a clinical social worker license issued under this chapter.(6)  "Licensed master social worker" means a person who holds a master social worker license issued under this chapter.(7)  "Licensed social worker" means a person who holds a social worker license issued under this chapter.(8)  "Social worker" means a person who holds any license issued under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 2, 37, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 1, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(8), eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.082, eff. September 1, 2019.|
TX Occ Code § 505.0025 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 505 - Social Workers|Subchapter A. General Provisions|Section 505.0025. Practice of Social Work

Sec. 505.0025.  PRACTICE OF SOCIAL WORK.  (a)  The practice of social work is the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, or communities.(b)  The practice of social work may include the provision of individual, conjoint, family, and group psychotherapy using the Diagnostic and Statistical Manual of Mental Disorders, the International Classification of Diseases, and other diagnostic classification systems in assessment, diagnosis, treatment, and other activities by a person licensed under this chapter.|Added by Acts 2003, 78th Leg., ch. 892, Sec. 3, eff. Sept. 1, 2003.|
TX Occ Code § 505.003 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 505 - Social Workers|Subchapter A. General Provisions|Section 505.003. Applications and Exemptions

Sec. 505.003.  APPLICATIONS AND EXEMPTIONS.(a)  This chapter does not apply to:(1)  an activity conducted or a service performed by a person who is licensed, certified, or registered in a profession other than social work, including a physician, attorney, registered nurse, licensed vocational nurse, psychologist, occupational therapist, licensed marriage and family therapist, licensed chemical dependency counselor, or licensed professional counselor, if:(A)  the activity or service is conducted or performed within the scope of the person's license, certificate, or registration;(B)  the person does not use a title listed in Section 505.351; and(C)  the person does not:(i)  represent the service as social work;(ii)  represent that the person is a social worker; or(iii)  use a title that implies that the person is licensed in social work;(2)  a service performed by a person as a volunteer or staff member if the person does not:(A)  represent the service as social work;(B)  represent the person as a social worker; or(C)  use a title that implies that the person is licensed in social work;(3)  an activity conducted by a social work student, intern, or trainee in connection with an institution of higher education accredited by the Council on Social Work Education; or(4)   an activity conducted or a service performed by a pastoral care counselor who is acting within the person's ministerial capabilities and who does not use a title that implies that the counselor is licensed in social work, including:(A)  a Christian Science practitioner who is recognized by the Church of Christ Scientist as registered and published in the Christian Science Journal; and(B)  any other recognized religious practitioner.(b)  This chapter does not require a public agency or private employer, including a nonprofit corporation, to employ a person licensed under this chapter.(c)  A person who teaches social work at an institution of higher education or a private or independent institution of higher education as those terms are defined by Section 61.003, Education Code, is not required to hold a license under this chapter to the extent the person confines the person's activities to teaching and does not otherwise engage in the practice of social work.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 2, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1141 (H.B. 1797), Sec. 1, eff. June 17, 2011.|
TX Occ Code § 505.004 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 505 - Social Workers|Subchapter A. General Provisions|Section 505.004. Nondiscriminatory Actions and Decisions

Sec. 505.004.  NONDISCRIMINATORY ACTIONS AND DECISIONS.  An action taken or a decision made under this chapter, including an action or a decision relating to a license application, examination, regulation, or disciplinary proceeding, shall be taken or made without regard to sex, race, religion, national origin, color, or political affiliation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 505.101 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle I - Regulation of Psychology and Counseling|Chapter 505 - Social Workers|Subchapter B. Texas State Board of Social Worker Examiners|Section 505.101. Board; Membership

Sec. 505.101.  BOARD;  MEMBERSHIP.  (a)  The Texas State Board of Social Worker Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:(1)  two members who are licensed master social workers;(2)  two members who are licensed baccalaureate social workers;(3)  two members who are licensed clinical social workers;  and(4)  three members who represent the public.(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 5, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 4, eff. September 1, 2005.|