reglab/housing_qa huggingface dataset:
TX Occ Code § 1201.605 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.605. Administrative Penalty

Sec. 1201.605.  ADMINISTRATIVE PENALTY.  (a)  The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order of the department an administrative penalty in an amount not to exceed $10,000 for each violation of this chapter and:(1)  reasonable attorney's fees;(2)  administrative costs;(3)  witness fees;(4)  investigative costs; and(5)  deposition expenses.(b)  The director may assess against a licensee who fails to provide information to a consumer as required by this chapter an administrative penalty in an amount not to exceed:(1)  $1,000 for the first violation;(2)  $2,000 for the second violation; and(3)  $4,000 for each subsequent violation.(c)  In determining the amount of an administrative penalty assessed under this section, the director shall consider:(1)  the seriousness of the violation;(2)  the history of previous violations;(3)  the amount necessary to deter future violations;(4)  efforts made to correct the violation; and(5)  any other matters that justice may require.(d)  The director may impose an administrative penalty in accordance with this section.  If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings.  If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final.  Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code.  The board shall issue an order after receiving a proposal for decision.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 39, eff. June 18, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 62, eff. January 1, 2008.|
TX Occ Code § 1201.606 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.606. Criminal Penalty

Sec. 1201.606.  CRIMINAL PENALTY.  (a)  A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety.(b)  An offense under this section is a Class A misdemeanor punishable by:(1)  a fine of not more than $4,000;(2)  confinement in county jail for a term of not more than one year;  or(3)  both the fine and confinement.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.261(a), eff. Sept. 1, 2003.|
TX Occ Code § 1201.607 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.607. Issuance of Orders and Requests for Hearings

Sec. 1201.607.  ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS.  Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order.  If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code.  The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing.|Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 63, eff. January 1, 2008.|
TX Occ Code § 1201.608 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.608. Inspection of Licensee Records

Sec. 1201.608.  INSPECTION OF LICENSEE RECORDS.  (a)  The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation.(b)  The director may request or issue subpoenas for a licensee's records.(c)  The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter.(d)  While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law.|Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 63, eff. January 1, 2008.|
TX Occ Code § 1201.609 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.609. Acting Without License; Criminal Penalty

Sec. 1201.609.  ACTING WITHOUT LICENSE; CRIMINAL PENALTY.  A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense.  An offense under this section is a Class B misdemeanor.  A second or subsequent conviction for an offense under this section is a Class A misdemeanor.|Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 63, eff. January 1, 2008.|
TX Occ Code § 1202.001 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter A. General Provisions|Section 1202.001. General Definitions

Sec. 1202.001.  GENERAL DEFINITIONS.  In this chapter:(1)  "Commission" means the Texas Commission of Licensing and Regulation.(2)  "Construction site building" means a commercial structure that is:(A)  not open to the public; and(B)  used for any purpose at a commercial site by a person constructing a building, road, bridge, utility, or other infrastructure or improvement to real property.(3)  "Council" means the Texas Industrialized Building Code Council.(4)  "Department" means the Texas Department of Licensing and Regulation.(4-a)  "Executive director" means the executive director of the department.(5)  "Modular component" means a structural part of housing or a building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without:(A)  damage;  or(B)  removal and reconstruction of a part of the housing or building.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.263(b), eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 1, eff. September 1, 2005.|
TX Occ Code § 1202.002 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter A. General Provisions|Section 1202.002. Definition of Industrialized Housing

Sec. 1202.002.  DEFINITION OF INDUSTRIALIZED HOUSING.  (a)  Industrialized housing is a residential structure that is:(1)  designed for the occupancy of one or more families;(2)  constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site;  and(3)  designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.(b)  Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.(c)  Industrialized housing does not include:(1)   housing constructed of a sectional or panelized system that does not use a modular component; or(2)  a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 1, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 45 (S.B. 1264), Sec. 1, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 176 (H.B. 1385), Sec. 1, eff. September 1, 2019.|
TX Occ Code § 1202.003 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter A. General Provisions|Section 1202.003. Definition of Industrialized Building

Sec. 1202.003.  DEFINITION OF INDUSTRIALIZED BUILDING.  (a)  An industrialized building is a commercial structure that is:(1)  constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site;  and(2)  designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed.(b)  An industrialized building includes the structure's plumbing, heating, air conditioning, and electrical systems.(c)  Repealed by Acts 2005, 79th Leg., Ch. 714, Sec. 5, eff. September 1, 2005.(d)  An industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site but does not include a commercial building or structure that is:(1)  installed in a manner other than on a permanent foundation; and(2)  either:(A)  not open to the public; or(B)  less than 1,500 square feet in total area and used other than as a school or a place of religious worship.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.002, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 2, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 5, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 2, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 45 (S.B. 1264), Sec. 2, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 176 (H.B. 1385), Sec. 2, eff. September 1, 2019.|
TX Occ Code § 1202.004 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter A. General Provisions|Section 1202.004. Relocatable Educational Facilities

Sec. 1202.004.  RELOCATABLE EDUCATIONAL FACILITIES.  (a)  In this section, "relocatable educational facility" means a portable, modular building capable of being relocated, regardless of whether the facility is built at the installation site, that is used primarily as an educational facility for teaching the curriculum required under Section 28.002, Education Code.(b)  A relocatable educational facility that is purchased or leased on or after January 1, 2010, must comply with all provisions applicable to industrialized buildings under this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 3, eff. September 1, 2009.|
TX Occ Code § 1202.051 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter B. Texas Industrialized Building Code Council|Section 1202.051. Council Membership

Sec. 1202.051.  COUNCIL MEMBERSHIP.  The Texas Industrialized Building Code Council consists of 12 members appointed by the governor as follows:(1)  three members who represent the industrialized housing and building industries;(2)  three members who represent municipal building officials from municipalities with a population of more than 25,000;(3)  three members who represent general contractors who construct housing or buildings on-site;(4)  one member who is an engineer licensed in this state who acts as a structural engineer;(5)  one member who is an engineer licensed in this state who acts as an electrical engineer;  and(6)  one member who is an architect registered in this state.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1202.052 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter B. Texas Industrialized Building Code Council|Section 1202.052. Membership Restrictions

Sec. 1202.052.  MEMBERSHIP RESTRICTIONS.  An engineer or architect member of the council may not:(1)  be designated as, be employed by, or have an ownership interest in, an entity that is a third-party inspector or design review agency;(2)  have an ownership interest in a business that manufactures or builds industrialized housing or buildings;(3)  in a capacity relating to a matter subject to council review, be employed by or be a paid consultant to a manufacturer or builder of industrialized housing or buildings;  or(4)  be an officer, employee, or paid consultant of a trade association that represents the industrialized housing or building industry.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1202.053 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter B. Texas Industrialized Building Code Council|Section 1202.053. Terms

Sec. 1202.053.  TERMS.  Council members serve staggered two-year terms, with the terms of half of the members expiring on February 1 of each even-numbered year and the terms of the other half of the members expiring on February 1 of each odd-numbered year.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1202.054 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter B. Texas Industrialized Building Code Council|Section 1202.054. Presiding Officer

Sec. 1202.054.  PRESIDING OFFICER.  The council shall annually elect one of its members as the council's presiding officer.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1202.055 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter B. Texas Industrialized Building Code Council|Section 1202.055. Secretary; Personnel

Sec. 1202.055.  SECRETARY;  PERSONNEL.  The executive director shall:(1)  act as secretary of the council;  and(2)  provide personnel from the department necessary to perform staff functions for the council.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.026, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.264, eff. Sept. 1, 2003.|
TX Occ Code § 1202.056 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter B. Texas Industrialized Building Code Council|Section 1202.056. Reimbursement

Sec. 1202.056.  REIMBURSEMENT.  (a)  A council member may be reimbursed for actual costs of travel to attend meetings but may not receive a per diem allowance for food or lodging.(b)  The travel costs shall be paid out of fees collected by the department under Section 1202.104.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1202.057 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter B. Texas Industrialized Building Code Council|Section 1202.057. Quorum

Sec. 1202.057.  QUORUM.  The vote of at least seven members present at a meeting or the written approval of at least seven members is required for the council to take an action or make a decision.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1202.101 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter C. Council and Commission Powers and Duties|Section 1202.101. Rules; Orders

Sec. 1202.101.  RULES;  ORDERS.  (a)  The commission shall adopt rules and issue orders as necessary to:(1)  ensure compliance with the purposes of this chapter;  and(2)  provide for uniform enforcement of this chapter.(b)  The commission shall adopt rules as appropriate to implement the council's actions, decisions, interpretations, and instructions.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.003, eff. Sept. 1, 2003.|
TX Occ Code § 1202.102 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter C. Council and Commission Powers and Duties|Section 1202.102. Rules Providing for Registration and Regulation

Sec. 1202.102.  RULES PROVIDING FOR REGISTRATION AND REGULATION.  The commission by rule shall provide for registration and regulation of manufacturers or builders of industrialized housing or buildings.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.004, eff. Sept. 1, 2003.|
TX Occ Code § 1202.104 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter C. Council and Commission Powers and Duties|Section 1202.104. Fees

Sec. 1202.104.  FEES.  (a)  The commission shall set fees, in amounts sufficient to cover the costs of the inspections described by this chapter and the administration of this chapter, for:(1)  the registration of manufacturers or builders of industrialized housing or buildings;(2)  the inspection of industrialized housing or buildings;  and(3)  the issuance of decals or insignia required under Section 1202.204.(b)  The fees shall be paid to the comptroller and placed in the general revenue fund, except that a fee for an inspection may be paid directly to an approved third-party inspector who performs the inspection.(c)  The building and permit fees charged by a municipality for an inspection of industrialized housing or buildings to be located in the municipality may not exceed the fees charged for the equivalent inspection of a building constructed on-site.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.005, eff. Sept. 1, 2003.|
TX Occ Code § 1202.105 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter C. Council and Commission Powers and Duties|Section 1202.105. Approval of Third-Party Inspectors and Design Review Agencies

Sec. 1202.105.  APPROVAL OF THIRD-PARTY INSPECTORS AND DESIGN REVIEW AGENCIES.  (a)  The council shall establish criteria for the approval of, and approve accordingly, all third-party inspectors and design review agencies.(b)  The executive director shall recommend qualified third-party inspectors and design review agencies to the council.(c)  The executive director shall publish a list of all approved inspectors and design review agencies.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.027, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.266, eff. Sept. 1, 2003.|
TX Occ Code § 1202.106 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter C. Council and Commission Powers and Duties|Section 1202.106. Applicability of Other Law

Sec. 1202.106.  APPLICABILITY OF OTHER LAW.  Sections 51.401 and 51.4041 do not apply to this chapter.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 10.006, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 586 (H.B. 3742), Sec. 5, eff. September 1, 2015.|
TX Occ Code § 1202.107 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1202 - Industrialized Housing and Buildings|Subchapter C. Council and Commission Powers and Duties|Section 1202.107. Limitation on Certain Actions

Sec. 1202.107.  LIMITATION ON CERTAIN ACTIONS.  (a)  Notwithstanding any other law, the commission, executive director, or department may not perform an inspection or investigation, open a complaint, or initiate an administrative or enforcement action against a manufacturer, builder, or third-party inspector of industrialized housing after the second anniversary of the date of the final on-site inspection of the industrialized housing conducted under Section 1202.203.(b)  The commission or executive director may impose a penalty or sanction in an enforcement action against a manufacturer, builder, or third-party inspector of industrialized housing only if the commission, executive director, or department initiates the enforcement action during the period prescribed by Subsection (a).|Added by Acts 2013, 83rd Leg., R.S., Ch. 27 (S.B. 672), Sec. 1, eff. September 1, 2013.|