reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 53 - Consequences of Criminal Conviction › Subchapter E. Notice of Potential Ineligibility for License › Section 53.153. Refund and Ordered Payments

Sec. 53.153.  REFUND AND ORDERED PAYMENTS.  A licensing authority that determines that an entity regulated by the licensing authority has failed to provide the notice required by Section 53.152 to an individual entitled to receive the notice and that the individual's application for an occupational license for which the entity's educational program prepares the individual was denied because the individual has been convicted of an offense shall order the entity to:
(1)  refund the amount of any tuition paid by the individual to the entity; and
(2)  pay to the individual an amount equal to the total of the following, as applicable:
(A)  the amount of any application fees paid by the individual to the licensing authority; and
(B)  the amount of any examination fees paid by the individual to the licensing authority or an examination provider approved by the licensing authority.
Added by Acts 2017, 85th Leg., R.S., Ch. 1018 (H.B. 1508), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 54 - Examination on Religious Holy Day; Examination Accommodations for Person With Dyslexia › Section 54.001. Definitions

Sec. 54.001.  DEFINITIONS.  In this chapter:
(1)  "Religious holy day" means a day on which the tenets of a religious organization prohibit the organization's members from participating in secular activities.
(2)  "Religious organization" means an organization that qualifies under Section 11.20, Tax Code.
(3)  "State agency" means an agency in the executive, legislative, or judicial branch of state government that administers an examination for licensing or other regulatory purposes.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 54 - Examination on Religious Holy Day; Examination Accommodations for Person With Dyslexia › Section 54.002. Examination Scheduled on Religious Holy Day

Sec. 54.002.  EXAMINATION SCHEDULED ON RELIGIOUS HOLY DAY.  (a)  Each state agency shall adopt a procedure to permit an examinee who wishes to observe a religious holy day on which the person's religious beliefs prevent the person from taking an examination to take an examination scheduled to be administered by the agency on that religious holy day on an alternate date.
(b)  Each state agency shall adopt rules as necessary to implement this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 54 - Examination on Religious Holy Day; Examination Accommodations for Person With Dyslexia › Section 54.003. Examination Accommodations for Person With Dyslexia

Sec. 54.003.  EXAMINATION ACCOMMODATIONS FOR PERSON WITH DYSLEXIA.  (a)  In this section, "dyslexia" has the meaning assigned by Section 51.970, Education Code.
(b)  For each licensing examination administered by a state agency, the agency shall provide reasonable examination accommodations to an examinee diagnosed as having dyslexia.
(c)  Each state agency shall adopt rules necessary to implement this section, including rules to establish the eligibility criteria an examinee must meet for accommodation under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 418 (S.B. 867), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.001. Definitions

Sec. 55.001.  DEFINITIONS.  In this chapter:
(1)  "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.
(2)  "Armed forces of the United States" means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.
(3)  "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business.
(4)  "Military service member" means a person who is on active duty.
(5)  "Military spouse" means a person who is married to a military service member.
(6)  "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.
(7)  "State agency" means a department, board, bureau, commission, committee, division, office, council, or agency of the state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 2, eff. May 18, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 46 (H.B. 139), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.002. Exemption From Penalty for Failure to Renew License

Sec. 55.002.  EXEMPTION FROM PENALTY FOR FAILURE TO RENEW LICENSE.  A state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty imposed by the agency for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the agency that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.003. Extension of License Renewal Deadlines for Military Service Members

Sec. 55.003.  EXTENSION OF LICENSE RENEWAL DEADLINES FOR MILITARY SERVICE MEMBERS.  A military service member who holds a license is entitled to two years of additional time to complete:
(1)  any continuing education requirements; and
(2)  any other requirement related to the renewal of the military service member's license.
Added by Acts 2005, 79th Leg., Ch. 675 (S.B. 143), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.004. Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses

Sec. 55.004.  ALTERNATIVE LICENSING FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES.  (a)  A state agency that issues a license shall adopt rules for the issuance of the license to an applicant who is a military service member, military veteran, or military spouse and:
(1)  holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state; or
(2)  within the five years preceding the application date held the license in this state.
(b)  The executive director of a state agency may waive any prerequisite to obtaining a license for an applicant described by Subsection (a) after reviewing the applicant's credentials.
(c)  In addition to the rules adopted under Subsection (a), a state agency that issues a license may adopt rules that would establish alternate methods for a military service member, military veteran, or military spouse to demonstrate competency to meet the requirements for obtaining the license, including receiving appropriate credit for training, education, and clinical and professional experience.
(d)  A state agency that issues a license that has a residency requirement for license eligibility shall adopt rules regarding documentation necessary for an applicant who is a military service member or military spouse to establish residency for purposes of this subsection, including by providing to the agency a copy of the permanent change of station order for the applicant or the applicant's spouse.
Added by Acts 2011, 82nd Leg., R.S., Ch. 930 (S.B. 1733), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 586 (H.B. 3742), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 5, eff. September 1, 2015.
Reenacted by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 14.001, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 46 (H.B. 139), Sec. 3, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1061 (S.B. 422), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.005. Expedited License Procedure for Military Service Members, Military Veterans, and Military Spouses

Sec. 55.005.  EXPEDITED LICENSE PROCEDURE FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES.  (a)  A state agency that issues a license shall, not later than the 30th day after the date a military service member, military veteran, or military spouse files an application for a license:
(1)  process the application; and
(2)  issue the license to an applicant who qualifies for the license under Section 55.004.
(b)  A license issued under this section may not be a provisional license and must confer the same rights, privileges, and responsibilities as a license not issued under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 3, eff. May 18, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 6, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 7, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1061 (S.B. 422), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.006. Renewal of Expedited License Issued to Military Service Member, Military Veteran, or Military Spouse

Sec. 55.006.  RENEWAL OF EXPEDITED LICENSE ISSUED TO MILITARY SERVICE MEMBER, MILITARY VETERAN, OR MILITARY SPOUSE.  (a)  As soon as practicable after a state agency issues a license under Section 55.005, the state agency shall determine the requirements for the license holder to renew the license.
(b)  The state agency shall notify the license holder of the requirements for renewing the license in writing or by electronic means.
(c)  A license issued under Section 55.005 has the term established by law or state agency rule, or a term of 12 months from the date the license is issued, whichever term is longer.
Added by Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 3, eff. May 18, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.007. License Eligibility Requirements for Applicants With Military Experience

Sec. 55.007.  LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.  (a)  Notwithstanding any other law, a state agency that issues a license shall, with respect to an applicant who is a military service member or military veteran, credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the state agency.
(b)  The state agency shall adopt rules necessary to implement this section.
(c)  Rules adopted under this section may not apply to an applicant who:
(1)  holds a restricted license issued by another jurisdiction; or
(2)  has an unacceptable criminal history according to the law applicable to the state agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 3, eff. May 18, 2013.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.008. Apprenticeship Requirements for Applicant With Military Experience

Sec. 55.008.  APPRENTICESHIP REQUIREMENTS FOR APPLICANT WITH MILITARY EXPERIENCE.  (a)  Notwithstanding any other law, if an apprenticeship is required for a license issued by a state agency, the state agency shall credit verified military service, training, or education that is relevant to the occupation toward the apprenticeship requirements for the license.
(b)  The state agency shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 348 (H.B. 2254), Sec. 2, eff. June 14, 2013.
Redesignated and amended from Occupations Code, Section 55.005 by Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 8, eff. September 1, 2015.
Redesignated from Occupations Code, Section 55.005 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(43), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.009. License Application and Examination Fees

Sec. 55.009.  LICENSE APPLICATION AND EXAMINATION FEES.  Notwithstanding any other law, a state agency that issues a license shall waive the license application and examination fees paid to the state for an applicant who is:
(1)  a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or
(2)  a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 328 (S.B. 807), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 55 - Licensing of Military Service Members, Military Veterans, and Military Spouses › Section 55.010. Notice of Chapter Provisions

Sec. 55.010.  NOTICE OF CHAPTER PROVISIONS.  A state agency that issues a license shall prominently post a notice on the home page of the agency's Internet website describing the provisions of this chapter that are available to military service members, military veterans, and military spouses.
Added by Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 10, eff. September 1, 2015.
Redesignated from Occupations Code, Section 55.009 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(30), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 56 - Disciplinary Action Against Recipients of Student Financial Assistance Prohibited › Section 56.001. Definitions

Sec. 56.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 7(4), eff. June 7, 2019.
(2)  "License" means a license, certificate, registration, permit, or other authorization that:
(A)  is issued by a licensing authority;  and
(B)  a person must obtain to practice or engage in a particular business, occupation, or profession.
(3)  "Licensing authority" means a department, commission, board, office, or other agency of the state or of a political subdivision of the state that issues a license.
(4)  "Scholarship contract" means an agreement by this state, an agency of this state, a political subdivision of this state, or the United States to make a grant to a person to support the person while attending a public or private institution of higher education or other postsecondary educational establishment in exchange for the person's agreement to perform a service obligation.
(5)  "Student loan" means a loan made to a person by a public or private entity to support the person while attending a public or private institution of higher education or other postsecondary educational establishment.
(6)  "Student loan repayment contract" means an agreement by this state, an agency of this state, a political subdivision of this state, or the United States to repay all or part of a person's student loan in exchange for the person's agreement to perform a service obligation.
Added by Acts 2001, 77th Leg., ch. 512, Sec. 1, eff. June 11, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 2, eff. June 7, 2019.
Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 7(4), eff. June 7, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 56 - Disciplinary Action Against Recipients of Student Financial Assistance Prohibited › Section 56.003. Disciplinary Action in Event of Default or Breach Prohibited

Sec. 56.003.  DISCIPLINARY ACTION IN EVENT OF DEFAULT OR BREACH PROHIBITED.  A licensing authority may not take disciplinary action against a person based on the person's default on a student loan or breach of a student loan repayment contract or scholarship contract, including by:
(1)  denying the person's application for a license or license renewal;
(2)  suspending the person's license; or
(3)  taking other disciplinary action against the person.
Added by Acts 2001, 77th Leg., ch. 512, Sec. 1, eff. June 11, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 3, eff. June 7, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter A. General Provisions › Section 57.001. Definitions

Sec. 57.001.  DEFINITIONS.  In this chapter:
(1)  "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business, occupation, or profession.
(2)  "State agency" means a department, board, bureau, commission, committee, division, office, council, or agency of the state.
Added by Acts 2001, 77th Leg., ch. 1092, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter B. Governing Board Membership › Section 57.051. Requirements for Governing Board Membership

Sec. 57.051.  REQUIREMENTS FOR GOVERNING BOARD MEMBERSHIP.  A person may not be required to be a member of a private trade association as a precondition to serving as a member of the governing board of a state agency that issues a license or otherwise regulates a business, occupation, or profession.
Added by Acts 2001, 77th Leg., ch. 1092, Sec. 1, eff. Sept. 1, 2001.
Transferred and redesignated from Occupations Code, Section 57.002 by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter C. Review of State Agency Rules › Section 57.101. Definition

Sec. 57.101.  DEFINITION.  In this subchapter, "division" means the division of the governor's office established under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter C. Review of State Agency Rules › Section 57.102. Applicability

Sec. 57.102.  APPLICABILITY.  This subchapter applies only to a state agency with a governing board that is controlled by persons who provide services that are regulated by the agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter C. Review of State Agency Rules › Section 57.103. Establishment of Division

Sec. 57.103.  ESTABLISHMENT OF DIVISION.  (a)  The governor shall:
(1)  establish a division to review state agency rules in accordance with this subchapter; and
(2)  appoint a director for the division with the advice and consent of the senate.
(b)  The director must be licensed to practice law in this state and have experience in antitrust law.
(c)  The director serves a two-year term expiring February 1 of each odd-numbered year.
Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter C. Review of State Agency Rules › Section 57.104. Conflict of Interest

Sec. 57.104.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be appointed as director or employed by the division in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association.
(c)  A person may not be appointed as director or act as the general counsel to the division if the person is required to register as a lobbyist under Chapter 305, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter C. Review of State Agency Rules › Section 57.105. Submission of Certain State Agency Rules

Sec. 57.105.  SUBMISSION OF CERTAIN STATE AGENCY RULES.  (a)  A state agency that issues a license must submit any proposed rule affecting market competition in this state relating to the business, occupation, or profession for which a license is issued to the division for review before the rule is adopted or implemented.
(b)  A state agency that issues a license must submit to the division for review any rule that the agency proposes to repeal or readopt with amendment after a review under Section 2001.039, Government Code, if the rule affects market competition as described by this section.
(b-1)  A state agency that issues a license must submit to the division for review any rule that the agency proposes to readopt without amendment after a review under Section 2001.039, Government Code, if the rule affects market competition as described by this section.  This subsection expires January 1, 2024.
(c)  The state agency must include with the submission a statement of the purpose for the proposed rule, copies of all administrative records regarding the proposed rule, including any information or comments the agency received from the public, and any other information required by the division.
(d)  For purposes of this section, a rule affects market competition if the rule would, if implemented or readopted:
(1)  create a barrier to market participation in this state; or
(2)  result in higher prices or reduced competition for a product or service provided by or to a license holder in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter C. Review of State Agency Rules › Section 57.106. Review by Division

Sec. 57.106.  REVIEW BY DIVISION.  (a)  The division shall conduct a thorough, independent review of each proposed rule submitted under Section 57.105 to determine:
(1)  if the effect of the proposed rule on market competition is consistent with state policy as established by the applicable state agency's governing statute; and
(2)  whether the proposed rule promotes a clearly articulated and affirmatively expressed policy as established by the legislature to displace competition with government action.
(b)  In conducting the review, the division may:
(1)  request information from the state agency;
(2)  require the state agency to conduct an analysis of possible implications of the rule;
(3)  solicit public comments; or
(4)  hold public hearings.
(c)  The division shall complete the review not later than the 90th day after the date the proposed rule is submitted under Section 57.105.
(d)  After review, the division shall:
(1)  approve the proposed rule; or
(2)  reject the proposed rule and return the rule to the state agency with instructions for revising the rule to be consistent with applicable state policy.
(e)  A state agency may not finally adopt or implement a proposed rule required to be submitted for review under this subchapter unless the division has approved the rule under this section.
(f)  The division shall, for each proposed rule submitted under this subchapter, provide to the state agency and make available to the public an explanation of the division's reasons for approving or rejecting the rule, including a discussion of the division's determination regarding the consistency of the rule with applicable state policy.
(g)  The division may initiate a review of a proposed rule that was not submitted for review under this subchapter if the division has reason to believe that the proposed rule may have an anticompetitive market effect.  A state agency may not finally adopt or implement a proposed rule for which the division has initiated a review under this subsection unless the division approves the rule in accordance with this section.
(h)  When conducting a review of a proposed rule or deciding whether to initiate a review, the division shall only consider evidence or communications that are:
(1)  submitted to the division in writing from an identified person or entity and made available to the public;
(2)  submitted in a public hearing; or
(3)  generally known to the public.
Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 57 - Requirements for Licensing Agencies › Subchapter C. Review of State Agency Rules › Section 57.107. Rulemaking Authority

Sec. 57.107.  RULEMAKING AUTHORITY.  The division may adopt rules to carry out this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter A. General Provisions › Section 58.001. Definitions

Sec. 58.001.  DEFINITIONS.  In this chapter:
(1)  'DNA' means deoxyribonucleic acid.
(2)  'Family health history' means a history taken by a physician or genetic professional to ascertain genetic or medical information about an individual's family.
(3)  'Genetic characteristic' means a scientifically or medically identifiable genetic or chromosomal variation, composition, or alteration that:
(A)  is scientifically or medically believed to:
(i)  predispose an individual to a disease, disorder, or syndrome;  or
(ii)  be associated with a statistically significant increased risk of developing a disease, disorder, or syndrome;  and
(B)  may or may not be associated with any symptom of an ongoing disease, disorder, or syndrome affecting an individual on the date the genetic information is obtained regarding the individual.
(4)  'Genetic information' means information that is:
(A)  obtained from or based on a scientific or medical determination of the presence or absence in an individual of a genetic characteristic;  or
(B)  derived from the results of a genetic test performed on, or a family health history obtained from, an individual.
(5)  'Genetic test' means a presymptomatic laboratory test of an individual's genes, gene products, or chromosomes that:
(A)  analyzes the individual's DNA, RNA, proteins, or chromosomes;  and
(B)  is performed to identify any genetic variation, composition, or alteration that is associated with the individual's having a statistically increased risk of:
(i)  developing a clinically recognized disease, disorder, or syndrome;  or
(ii)  being a carrier of a clinically recognized disease, disorder, or syndrome.
The term does not include a blood test, cholesterol test, urine test, or other physical test used for a purpose other than determining a genetic or chromosomal variation, composition, or alteration in a specific individual.
(6)  'Licensing authority' means a state agency or political subdivision that issues an occupational license.
(7)  'Occupational license' means a license, certificate, registration, permit, or other form of authorization required by law or rule that must be obtained by an individual to engage in a particular business or occupation.
(8)  'Political subdivision' means a municipality, county, or special district or authority.  The term includes a school district.
(9)  'RNA' means ribonucleic acid.
(10)  'State agency' means a department, board, bureau, commission, committee, division, office, council, or agency in the executive or judicial branch of state government.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter B. Use and Retention of Genetic Information › Section 58.051. Certain Uses of Genetic Information Prohibited

Sec. 58.051.  CERTAIN USES OF GENETIC INFORMATION PROHIBITED.  A licensing authority may not deny an application for an occupational license, suspend, revoke, or refuse to renew an occupational license, or take any other disciplinary action against a license holder based on the refusal of the license applicant or license holder to:
(1)  submit to a genetic test;
(2)  submit a family health history;
(3)  disclose whether the applicant or holder has submitted to a genetic test;  or
(4)  disclose the results of any genetic test to which the applicant or holder has submitted.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter B. Use and Retention of Genetic Information › Section 58.052. Destruction of Sample Material; Exceptions

Sec. 58.052.  DESTRUCTION OF SAMPLE MATERIAL;  EXCEPTIONS.  A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless:
(1)  the sample is retained under a court order;
(2)  the individual authorizes retention of the sample for medical treatment or scientific research;
(3)  the sample was obtained for research that is cleared by an institutional review board and retention of the sample is:
(A)  under a requirement the institutional review board imposes on a specific research project;  or
(B)  authorized by the research participant with institutional review board approval under federal law;  or
(4)  the sample was obtained for a screening test established by the Texas Department of Health under Section 33.011, Health and Safety Code, and performed by that department or a laboratory approved by that department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter C. Disclosure of Genetic Information; Confidentiality; Exceptions › Section 58.101. Disclosure of Test Results to Individual Tested

Sec. 58.101.  DISCLOSURE OF TEST RESULTS TO INDIVIDUAL TESTED.  An individual who submits to a genetic test has the right to know the results of the test.  On written request by the individual, the entity that performed the test shall disclose the test results to:
(1)  the individual;  or
(2)  a physician designated by the individual.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter C. Disclosure of Genetic Information; Confidentiality; Exceptions › Section 58.102. Confidentiality of Genetic Information

Sec. 58.102.  CONFIDENTIALITY OF GENETIC INFORMATION.  (a)  Except as provided by Section 58.103, genetic information is confidential and privileged regardless of the source of the information.
(b)  A person who holds genetic information about an individual may not disclose or be compelled to disclose, by subpoena or otherwise, that information unless the disclosure is specifically authorized as provided by Section 58.104.
(c)  This section applies to a redisclosure of genetic information by a secondary recipient of the information after disclosure of the information by an initial recipient.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter C. Disclosure of Genetic Information; Confidentiality; Exceptions › Section 58.103. Exceptions to Confidentiality

Sec. 58.103.  EXCEPTIONS TO CONFIDENTIALITY.  (a)  Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization under Section 58.104 if the disclosure is:
(1)  authorized under a state or federal criminal law relating to:
(A)  the identification of individuals;  or
(B)  a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child-abuse team;
(2)  required under a specific order of a state or federal court;
(3)  for the purpose of establishing paternity as authorized under a state or federal law;
(4)  made to provide genetic information relating to a decedent and the disclosure is made to the blood relatives of the decedent for medical diagnosis;  or
(5)  made to identify a decedent.
(b)  Genetic information may be disclosed without an authorization under Section 58.104 if:
(1)  the disclosure is for information from a research study in which the procedure for obtaining informed written consent and the use of the information is governed by national standards for protecting participants involved in research projects, including guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
(2)  the information does not identify a specific individual;  and
(3)  the information is provided to the Texas Department of Health to comply with Chapter 87, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter C. Disclosure of Genetic Information; Confidentiality; Exceptions › Section 58.104. Authorized Disclosure

Sec. 58.104.  AUTHORIZED DISCLOSURE.  An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes:
(1)  a description of the information to be disclosed;
(2)  the name of the person to whom the disclosure is made;  and
(3)  the purpose for the disclosure.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 58 - Use of Genetic Information › Subchapter C. Disclosure of Genetic Information; Confidentiality; Exceptions › Section 58.105. Civil Penalty

Sec. 58.105.  CIVIL PENALTY.  (a)  A person who discloses genetic information in violation of Sections 58.102-58.104 is liable for a civil penalty not to exceed $10,000.
(b)  The attorney general may bring an action in the name of the state to recover a civil penalty under this section, plus reasonable attorney's fees and court costs.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.002, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 59 - Information Relating to Licensing › Section 59.001. Confidentiality of Social Security Number

Sec. 59.001.  CONFIDENTIALITY OF SOCIAL SECURITY NUMBER.  The social security number of an applicant for or holder of a license, certificate of registration, or other legal authorization issued by a licensing agency to practice in a specific occupation or profession that is provided to the licensing agency is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.001(a), eff. Sept. 1, 2001.  Renumbered from Occupations Code Sec. 56.001 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(112), eff. Sept. 1, 2003.
Renumbered from Occupations Code, Section 58.001 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(68), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 60 - Digital Licenses › Section 60.001. Definitions

Sec. 60.001.  DEFINITIONS.  In this chapter:
(1)  "Licensing authority" means a state agency, county, or municipality that is authorized to issue an occupational license.
(2)  "Occupational license" means a license, certificate, registration, permit, or other form of authorization required by statute, ordinance, order, or rule that must be obtained by an individual to engage in a particular business, occupation, or profession.
Added by Acts 2023, 88th Leg., R.S., Ch. 719 (H.B. 2453), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 60 - Digital Licenses › Section 60.002. Requirements for Digital Licenses

Sec. 60.002.  REQUIREMENTS FOR DIGITAL LICENSES.  A licensing authority that issues an occupational license may issue a digital license to a license holder.  If the licensing authority issues a digital license, the digital license must comply with the following requirements:
(1)  the digital license must be in a secure format and readily accessible by the license holder through an Internet website and on a wireless communication device;
(2)  the public must be able to view a license holder's digital license through an Internet website or by using a QR code as defined by Section 443.001, Health and Safety Code; and
(3)  if the authority contracts with a vendor for the issuance of a digital license, the digital license must be in a format in which the vendor and authority can verify the validity of the license.
Added by Acts 2023, 88th Leg., R.S., Ch. 719 (H.B. 2453), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter A. Health Professions Council › Section 101.001. Health Professions Council

Sec. 101.001.  HEALTH PROFESSIONS COUNCIL.  In this chapter, "council" means the Health Professions Council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter A. Health Professions Council › Section 101.002. Composition of Council

Sec. 101.002.  COMPOSITION OF COUNCIL.  The council consists of 13 members, with one member appointed by each of the following:
(1)  the Texas Board of Chiropractic Examiners;
(2)  the State Board of Dental Examiners;
(3)  the Texas Optometry Board;
(4)  the Texas State Board of Pharmacy;
(5)   the State Board of Veterinary Medical Examiners;
(6)  the Texas Medical Board;
(7)  the Texas Board of Nursing;
(8)  the Texas Behavioral Health Executive Council;
(9)  the Texas Funeral Service Commission;
(10)  the entity that regulates the practice of physical therapy;
(11)  the entity that regulates the practice of occupational therapy;
(12)  the health licensing division of the Health and Human Services Commission; and
(13)  the governor's office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 553, Sec. 2.013, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 31, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 19.018, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 3.007, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter A. Health Professions Council › Section 101.003. Officers

Sec. 101.003.  OFFICERS.  The council shall elect from the council's members a presiding officer and assistant presiding officer to conduct the business of the council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter A. Health Professions Council › Section 101.004. Compensation of Members

Sec. 101.004.  COMPENSATION OF MEMBERS.  A member of the council is not entitled to receive compensation or a per diem for the member's service on the council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter A. Health Professions Council › Section 101.005. Council Staff

Sec. 101.005.  COUNCIL STAFF.  The council may employ staff or designate staff for the council from the employees of the regulatory agencies listed in Section 101.002 as necessary for the council to carry out the council's duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter A. Health Professions Council › Section 101.006. Budget

Sec. 101.006.  BUDGET.  The council shall adopt an annual budget that is funded by a prorated assessment paid by the regulatory agencies listed in Section 101.002.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter A. Health Professions Council › Section 101.007. Duties of Council

Sec. 101.007.  DUTIES OF COUNCIL.  The council shall:
(1)  administer the functions provided by this chapter;  and
(2)  provide a means for the regulatory agencies represented on the council to coordinate administrative and regulatory efforts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter B. Telephone Complaint System › Section 101.051. Telephone Complaint System

Sec. 101.051.  TELEPHONE COMPLAINT SYSTEM.  The council shall establish and operate a toll-free telephone complaint system to provide assistance and referral services for persons making a complaint relating to a health profession regulated by the state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter B. Telephone Complaint System › Section 101.0515. Applicability of Subchapter

Sec. 101.0515.  APPLICABILITY OF SUBCHAPTER.  This subchapter does not apply to the Texas Funeral Service Commission.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.02, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter B. Telephone Complaint System › Section 101.052. Telephone Listing

Sec. 101.052.  TELEPHONE LISTING.  A state agency that regulates a health profession shall list the toll-free telephone number of the complaint system with the agency's regular telephone number.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter B. Telephone Complaint System › Section 101.053. Confidentiality

Sec. 101.053.  CONFIDENTIALITY.  A complaint, adverse report, or other information regarding the content of a complaint in the possession of the council or its employee or agent relating to a person initiating a complaint or the license holder who is the subject of the complaint is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to anyone other than:
(1)  a council employee or agent involved in collecting complaint information;
(2)  the specific council member agency or board responsible for regulating the health profession in which the person who is the subject of the complaint is a license holder;  or
(3)  an employee or agent of the member agency or board who is involved in the discipline of license holders.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter C. Training Program › Section 101.101. Training Program

Sec. 101.101.  TRAINING PROGRAM.  (a)  The council shall establish a training program for the governing bodies of state agencies that regulate health professions.
(b)  Before a member of a governing body may assume the member's duties and before the member may be confirmed by the senate, the member must complete at least one course of the training program established under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.