reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 432.018 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.018. Civil Penalty; Injunction

Sec. 432.018.  CIVIL PENALTY;  INJUNCTION.  (a)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter, the commissioner may request the attorney general or a district, county, or municipal attorney of the municipality or county in which the violation has occurred, is occurring, or may occur to institute a civil suit for:(1)  an order enjoining the act or an order directing compliance;(2)  a permanent or temporary injunction, restraining order, or other appropriate order if the department shows that the person is engaged in or is about to engage in any of the acts;(3)  the assessment and recovery of a civil penalty;  or(4)  both the injunctive relief and civil penalty.(b)  The penalty may be in an amount not to exceed $25,000 for each violation.  Each day a violation continues is a separate violation.(c)  In determining the amount of the penalty, the court shall consider:(1)  the person's history of previous violations;(2)  the seriousness of the violation;(3)  any hazard to the health and safety of the public;(4)  the demonstrated good faith of the person charged;  and(5)  other matters as justice may require.(d)  Venue for a suit brought under this section is in the municipality or county in which the violation occurred or in Travis County.(e)  A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.(f)  The commissioner and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both under this section, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 432.019 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.019. Criminal Penalty

Sec. 432.019.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:(1)  operates a salvage establishment or acts as a salvage broker without a license issued under this chapter;  or(2)  fails to comply with a rule adopted under Section 432.011.(b)  An offense under this section is a Class A misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 432.020 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.020. Emergency Order

Sec. 432.020.  EMERGENCY ORDER.  (a)  The commissioner or the commissioner's designee may issue an emergency order, either mandatory or prohibitory, concerning the sale or distribution of distressed foods, drugs, devices, or cosmetics in the department's jurisdiction if the commissioner or the commissioner's designee determines that:(1)  the sale or distribution of those foods, drugs, devices, or cosmetics creates or poses an immediate and serious threat to human life or health;  and(2)  other procedures available to the department to remedy or prevent the occurrence of the situation will result in unreasonable delay.(b)  The commissioner or the commissioner's designee may issue the emergency order without notice and hearing if the commissioner or the commissioner's designee determines it is necessary under the circumstances.(c)  If an emergency order is issued without a hearing, the department, not later than the 30th day after the date on which the emergency order is issued, shall determine a time and place for a hearing at which the emergency order will be affirmed, modified, or set aside.  The hearing shall be held under departmental formal hearing rules.|Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 432.021 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.021. Administrative Penalty

Sec. 432.021.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates a rule adopted under Section 432.011 or an order adopted or license issued under this chapter.(b)  In determining the amount of the penalty, the department shall consider:(1)  the person's previous violations;(2)  the seriousness of the violation;(3)  any hazard to the health and safety of the public;(4)  the person's demonstrated good faith; and(5)  other matters as justice may require.(c)  The penalty may not exceed $25,000 for each violation.  Each day a violation continues is a separate violation.|Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1020, eff. April 2, 2015.|
TX Health & Safety Code § 432.022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.022. Administrative Penalty Assessment Procedure

Sec. 432.022.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing.(b)  If a hearing is held, an administrative law judge of the State Office of Administrative Hearings shall make findings of fact and shall issue a written proposal for decision regarding the occurrence of the violation and the amount of the penalty.(c)  If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty.(d)  After making a determination under this section that a penalty is to be assessed, the department shall issue an order requiring that the person pay the penalty.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(76), eff. April 2, 2015.|Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1021, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(76), eff. April 2, 2015.|
TX Health & Safety Code § 432.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.023. Payment of Administrative Penalty

Sec. 432.023.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not later than the 30th day after the date of issuance of an order finding that a violation has occurred, the department shall inform the person against whom the order is issued of the amount of the penalty.(b)  Not later than the 30th day after the date on which a decision or order charging a person with a penalty is final, the person shall:(1)  pay the penalty in full; or(2)  file a petition for judicial review of the department's order contesting the amount of the penalty, the fact of the violation, or both.(b-1)  Within the period prescribed by Subsection (b), a person who files a petition for judicial review 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 for the amount of the penalty; 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.(b-2)  If the department receives a copy of an affidavit under Subsection (b-1)(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.(c)  A bond posted under this section must be in a form approved by the court and be effective until all judicial review of the order or decision is final.(d)  A person who does not send money to, post the bond with, or file the affidavit with the court within the period prescribed by Subsection (b) waives all rights to contest the violation or the amount of the penalty.|Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1022, eff. April 2, 2015.|
TX Health & Safety Code § 432.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.024. Refund of Administrative Penalty

Sec. 432.024.  REFUND OF ADMINISTRATIVE PENALTY.  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:(1)  the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or(2)  the bond be released, if the person has posted a bond.|Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1023, eff. April 2, 2015.|
TX Health & Safety Code § 432.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.025. Recovery of Administrative Penalty by Attorney General

Sec. 432.025.  RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY GENERAL.  The attorney general, at the request of the commissioner, may bring a civil action to recover an administrative penalty under this chapter.|Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 432.026 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act|Section 432.026. Detained or Embargoed Article

Sec. 432.026.  DETAINED OR EMBARGOED ARTICLE.  In accordance with Subchapter C, Chapter 431, the department may detain or embargo an article, including an article that is distressed merchandise, that is in the possession of a person licensed under this chapter and that is being held for the purpose of reconditioning in accordance with this chapter if the department makes the finding required by Section 431.048(e).|Added by Acts 2001, 77th Leg., ch. 265, Sec. 8, eff. May 22, 2001.|
TX Health & Safety Code § 437.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.002. Enforcement of State Law by County or Public Health District

Sec. 437.002.  ENFORCEMENT OF STATE LAW BY COUNTY OR PUBLIC HEALTH DISTRICT.  (a)  A county or public health district may enforce state law and rules adopted under state law concerning food service establishments, retail food stores, mobile food units, and roadside food vendors.(b)  This chapter does not authorize a county or public health district to adopt orders establishing standards for the operation of food service establishments, retail food stores, mobile food units, or roadside food vendors.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 437.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.003. County Authority to Require Permit

Sec. 437.003.  COUNTY AUTHORITY TO REQUIRE PERMIT.  To enforce state law and rules adopted under state law, the commissioners court of a county by order may require food service establishments, retail food stores, mobile food units, and roadside food vendors in unincorporated areas of the county, including areas in the extraterritorial jurisdiction of a municipality, to obtain a permit from the county.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 437.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.004. Public Health District Authority to Require Permit

Sec. 437.004.  PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT.  (a)  A public health district that is established by at least one county and one or more municipalities in the county by order may require food service establishments, retail food stores, mobile food units, and roadside food vendors in the district to obtain a permit from the district.(b)  If the public health district has an administrative board, the administrative board must adopt the order in accordance with its procedures.(c)  If the district does not have an administrative board, the governing body of each member of the district must adopt the order. The order is effective throughout the public health district on the 30th day after the first date on which the governing bodies of all members have adopted the order.(d)  This chapter does not restrict the authority of a municipality that is a member of a public health district to adopt ordinances or administer a permit system concerning food service establishments, retail food stores, mobile food units, and roadside food vendors.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 437.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.005. Public Hearing

Sec. 437.005.  PUBLIC HEARING.  (a)  A commissioners court, governing body, or administrative board, as applicable, may adopt an order under Section 437.003 or 437.004 only after conducting a public hearing on the proposed order.(b)  At least two weeks' public notice must be given before a public hearing may be held.(c)  The notice must be published in a newspaper of general circulation in the county or public health district on three consecutive days and be printed in 10 point bold-faced type.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 437.0055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.0055. Permit From Department Required in Areas Not Regulated by County or Public Health District

Sec. 437.0055.  PERMIT FROM DEPARTMENT REQUIRED IN AREAS NOT REGULATED BY COUNTY OR PUBLIC HEALTH DISTRICT.  (a)  A person may not operate a food service establishment, retail food store, mobile food unit, or temporary food service establishment located in an area in which a county or public health district does not require a permit or conduct inspections under this chapter unless the person has a permit issued by the department.(b)  A person required to obtain a permit under Subsection (a) must apply every two years for the permit and must pay any fees required by the department.|Added by Acts 1993, 73rd Leg., ch. 617, Sec. 2, eff. Jan. 1, 1994.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1120, eff. April 2, 2015.|
TX Health & Safety Code § 437.0056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.0056. Rulemaking Authority

Sec. 437.0056.  RULEMAKING AUTHORITY.  The executive commissioner may adopt rules for the efficient enforcement of this chapter by the department in an area not regulated under this chapter by a county or public health district.  The executive commissioner by rule shall establish minimum standards for granting and maintaining a permit in an area not regulated under this chapter by a county or public health district.  The commissioner may refuse an application for a permit or suspend or revoke a permit in an area not regulated under this chapter by a county or public health district.|Added by Acts 1993, 73rd Leg., ch. 617, Sec. 2, eff. Jan. 1, 1994.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1121, eff. April 2, 2015.|
TX Health & Safety Code § 437.0057 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.0057. Regulation of Food Handlers and Other Food Service Employees by Counties, Public Health Districts, and the Department

Sec. 437.0057.  REGULATION OF FOOD HANDLERS AND OTHER FOOD SERVICE EMPLOYEES BY COUNTIES, PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT.  (a)  A county, a public health district, or the department may require certification under Subchapter D, Chapter 438, for each food handler who is employed by a food service establishment in which food is prepared on-site for sale to the public and which holds a permit issued by the county, the public health district, or the department.  This section applies without regard to whether the food service establishment is at a fixed location or is a mobile food unit.(b)  The requirements of certification under this section may not be more stringent than the requirements of Subchapter D, Chapter 438.(c)  A county, a public health district, or the department may not require an establishment that handles only prepackaged food and does not prepare or package food to employ certified food handlers under this section.(d)  A county, a public health district, or the department may exempt a food service establishment from the requirement that the county, public health district, or department has imposed under Subsection (a) if the county, the public health district, or the department determines that the application of Subsection (a) to that establishment is not necessary to protect public health and safety.(e)  A county, a public health district, or the department may require a food service establishment to:(1)  post a sign in a place conspicuous to employees, in a form adopted by the executive commissioner, describing a food service employee's responsibilities to report certain health conditions to the permit holder under rules adopted by the executive commissioner; or(2)  require that each food service employee sign a written agreement in a form adopted by the executive commissioner to report those health conditions.|Added by Acts 2009, 81st Leg., R.S., Ch. 926 (H.B. 3012), Sec. 1, eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1122, eff. April 2, 2015.|
TX Health & Safety Code § 437.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.006. More Than One Permit Prohibited

Sec. 437.006.  MORE THAN ONE PERMIT PROHIBITED.  A food service establishment or retail food store may not be required under this chapter to obtain more than one permit for each location.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 437.0065 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.0065. Permits for Certain Farmers and Food Producers

Sec. 437.0065.  PERMITS FOR CERTAIN FARMERS AND FOOD PRODUCERS.  (a)  In this section, "farmers' market" and "food producer" have the meanings assigned by Section 437.020.(b)  This section applies only to a permit issued under this chapter to:(1)  a farmer for the sale of food directly to consumers at a farmers' market, a farm stand, or the farmer's farm; and(2)  a food producer, other than a farmer, for the sale of food directly to consumers at a farmers' market.(c)  A permit issued under Section 437.003, 437.004, 437.0055, or 437.0201 to a person described by Subsection (b):(1)  must be valid for a term of not less than one year;(2)  may impose an annual fee in an amount not to exceed $100 for the issuance or renewal; and(3)  must cover sales at all locations the permit holder is authorized to sell food under Subsection (b), including farmers' markets, farm stands, and farms within the jurisdiction of the permitting authority.(d)  A farmer or food producer who is charged an annual fee in an amount that exceeds the amount authorized by Subsection (c)(2) or whose permit does not otherwise comply with this section may bring an action against the governmental entity that charged the fee or issued the permit to recover:(1)  the amount the farmer or food producer was charged in excess of the annual fee authorized by Subsection (c)(2); and(2)  reasonable and necessary attorney's fees incurred in bringing the action.|Added by Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 1, eff. September 1, 2019.Amended by: Acts 2021, 87th Leg., R.S., Ch. 577 (S.B. 617), Sec. 1, eff. June 14, 2021.|
TX Health & Safety Code § 437.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors|Section 437.007. Nonprofit Organizations Exempt

Sec. 437.007.  NONPROFIT ORGANIZATIONS EXEMPT.  A county or public health district may not require a nonprofit organization to obtain a permit.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|