reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.052. Handling of Complaints

Sec. 2003.052.  HANDLING OF COMPLAINTS.  (a)  The office shall maintain a file on each written complaint filed with the office.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the office;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the office closed the file without taking action other than to investigate the complaint.
(b)  The office shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the office's policies and procedures relating to complaint investigation and resolution.
(c)  The office, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.053. Equal Employment Opportunity Policy

Sec. 2003.053.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The chief administrative law judge or the chief administrative law judge's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the office to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the office's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.055. Effective Use of Technology

Sec. 2003.055.  EFFECTIVE USE OF TECHNOLOGY.  The chief administrative law judge shall develop and implement a policy requiring the chief administrative law judge and office employees to research and propose appropriate technological solutions to improve the office's ability to perform its functions.  The technological solutions must:
(1)  ensure that the public is able to easily find information about the office on the Internet;
(2)  ensure that persons who want to use the office's services are able to:
(A)  interact with the office through the Internet;  and
(B)  access any service that can be provided effectively through the Internet;  and
(3)  be cost-effective and developed through the office's planning processes.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.056. Alternative Dispute Resolution Policy

Sec. 2003.056.  ALTERNATIVE DISPUTE RESOLUTION POLICY.  The chief administrative law judge shall develop and implement a policy to encourage the use of alternative dispute resolution procedures where appropriate to assist in the internal and external resolution of disputes within the office's jurisdiction.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.057. Hearing Translator

Sec. 2003.057.  HEARING TRANSLATOR.  If a translator is requested for all or part of a hearing conducted by the office, the office shall provide an appropriate translator for that purpose.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter D. Tax Hearings › Section 2003.103. Timeliness of Hearings

Sec. 2003.103.  TIMELINESS OF HEARINGS.  (a)  The office shall conduct all hearings under this subchapter in a timely manner.
(b)  The office shall use every reasonable means to expedite a case under this subchapter when the comptroller requests that the office expedite the case.
(c)  This section is not intended to impair the independence of the office in conducting a hearing under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 354 (S.B. 242), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter D. Tax Hearings › Section 2003.104. Confidentiality of Tax Hearing Information

Sec. 2003.104.  CONFIDENTIALITY OF TAX HEARING INFORMATION.  (a)  The office shall keep information that identifies a taxpayer who participates in a case under this subchapter confidential, including the taxpayer's name and social security number.
(b)  The provision of information to the office that is confidential under any law, including Section 111.006, 151.027, or 171.206, Tax Code, does not affect the confidentiality of the information, and the office shall maintain that confidentiality.
(c)  A hearing conducted under this subchapter is confidential and not open to the public.
Added by Acts 2007, 80th Leg., R.S., Ch. 354 (S.B. 242), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter D. Tax Hearings › Section 2003.108. Pending Case Status Review

Sec. 2003.108.  PENDING CASE STATUS REVIEW.   At least quarterly, the office shall review with the comptroller and appropriate staff of the office the status of pending cases under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 354 (S.B. 242), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.10, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter D. Tax Hearings › Section 2003.109. Rules; Early Referral

Sec. 2003.109.  RULES; EARLY REFERRAL.  (a) The comptroller may adopt rules to provide for the referral to the office of issues related to a case described by Section 111.00455, Tax Code, to resolve a procedural or other preliminary dispute between the comptroller and a party.
(b)  After a referral under this section, the office shall docket the case and assign an administrative law judge under Section 2003.101.  If additional proceedings are required after the consideration of the procedural or other preliminary dispute, the office shall appoint the same administrative law judge to hear the case.
Added by Acts 2007, 80th Leg., R.S., Ch. 354 (S.B. 242), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.901. Appeals From Appraisal Review Board Determinations

Sec. 2003.901.  APPEALS FROM APPRAISAL REVIEW BOARD DETERMINATIONS.  As an alternative to filing an appeal under Section 42.01, Tax Code, a property owner may appeal to the office an appraisal review board order determining a protest concerning the appraised or market value of property brought under Section 41.41(a)(1) or (2), Tax Code, if the appraised or market value, as applicable, of the property that was the subject of the protest, as determined by the board order, is more than $1 million.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 851 (H.B. 316), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.902. Participating Offices and Remote Hearing Sites

Sec. 2003.902.  PARTICIPATING OFFICES AND REMOTE HEARING SITES.  The office shall hear appeals filed under this subchapter only in:
(1)  Amarillo;
(2)  Austin;
(3)  Beaumont;
(4)  Corpus Christi;
(5)  El Paso;
(6)  Fort Worth;
(7)  Houston;
(8)  Lubbock;
(9)  Lufkin;
(10)  McAllen;
(11)  Midland;
(12)  San Antonio;
(13)  Tyler; and
(14)  Wichita Falls.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1293 (H.B. 2203), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 851 (H.B. 316), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.903. Rules

Sec. 2003.903.  RULES.  (a)  The office has rulemaking authority to implement this subchapter.
(b)  The office has specific rulemaking authority to implement those rules necessary to expeditiously determine appeals to the office, based on the number of appeals filed and the resources available to the office.
(c)  The office may adopt rules that include the procedural provisions of Chapter 41, Tax Code, applicable to a hearing before an appraisal review board.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.904. Applicability to Real and Personal Property

Sec. 2003.904.  APPLICABILITY TO REAL AND PERSONAL PROPERTY.  This subchapter applies only to an appeal of a determination of the appraised or market value made by an appraisal review board in connection with real or personal property, other than industrial property.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 851 (H.B. 316), Sec. 4, eff. January 1, 2014.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.905. Education and Training of Administrative Law Judges

Sec. 2003.905.  EDUCATION AND TRAINING OF ADMINISTRATIVE LAW JUDGES.  (a)  An administrative law judge assigned to hear an appeal brought under this subchapter must have knowledge of:
(1)  each of the appraisal methods a chief appraiser may use to determine the appraised value or the market value of property under Chapter 23, Tax Code; and
(2)  the proper method for determining an appeal of a protest, including a protest brought on the ground of unequal appraisal.
(b)  An administrative law judge is entitled to attend one or more training and education courses under Sections 5.04 and 5.041, Tax Code, to receive a copy of the materials used in a course, or both, without charge.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.906. Notice of Appeal to Office; Deposit

Sec. 2003.906.  NOTICE OF APPEAL TO OFFICE; DEPOSIT. (a) To appeal an appraisal review board order to the office under this subchapter, a property owner must file with the chief appraiser of the appraisal district:
(1)  a completed notice of appeal to the office in the form prescribed by Section 2003.907; and
(2)  a deposit in the amount of $1,500, made payable to the office.
(a-1)  The notice of appeal required under Subsection (a)(1) must be filed with the chief appraiser not later than the 30th day after the date the property owner receives notice of the order.
(a-2)  The deposit required under Subsection (a)(2) must be filed with the chief appraiser not later than the 90th day after the date the property owner receives notice of the order.  The deposit is refundable:
(1)  less the filing fee if the property owner and the appraisal district settle before the appeal is heard; or
(2)  less the filing fee and the office's costs if the property owner and the appraisal district settle after the appeal is heard.
(a-3)  If the property owner fails to pay the deposit as required under Subsection (a-2):
(1)  the office shall dismiss the property owner's appeal; and
(2)  the property owner is not entitled to file an appeal under this subchapter in any subsequent tax year.
(b)  As soon as practicable after receipt of a notice of appeal, the chief appraiser for the appraisal district shall:
(1)  indicate, where appropriate, those entries in the records that are subject to the appeal;
(2)  submit the notice of appeal and deposit to the office; and
(3)  request the appointment of a qualified administrative law judge to hear the appeal.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1293 (H.B. 2203), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.907. Contents of Notice of Appeal

Sec. 2003.907.  CONTENTS OF NOTICE OF APPEAL.  The chief administrative law judge by rule shall prescribe the form of a notice of appeal under this subchapter.  The form must require the property owner to provide:
(1)  a copy of the order of the appraisal review board;
(2)  a brief statement that explains the basis for the property owner's appeal of the order; and
(3)  a statement of the property owner's opinion of the appraised or market value, as applicable, of the property that is the subject of the appeal.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.908. Notice to Property Owners

Sec. 2003.908.  NOTICE TO PROPERTY OWNERS.  An appraisal review board that delivers notice of issuance of an order described by Section 2003.901 of this code pertaining to property described by Section 2003.904 of this code and a copy of the order to a property owner as required by Section 41.47, Tax Code, shall include with the notice and copy:
(1)  a notice of the property owner's rights under this subchapter; and
(2)  a copy of the notice of appeal prescribed by Section 2003.907.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 851 (H.B. 316), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.909. Designation of Administrative Law Judge; Location of Hearing

Sec. 2003.909.  DESIGNATION OF ADMINISTRATIVE LAW JUDGE; LOCATION OF HEARING.  (a)  As soon as practicable after the office receives a notice of appeal and the filing fee, the office shall designate an administrative law judge to hear the appeal.
(b)  As soon as practicable after the administrative law judge is designated, the administrative law judge shall set the date, time, and place of the hearing on the appeal.
(b-1)  If all or part of the property that is the subject of the appeal is located in a municipality listed in Section 2003.902, the administrative law judge shall set the hearing in that municipality.  If no part of the property that is the subject of the appeal is located in a municipality listed in Section 2003.902, the administrative law judge shall set the hearing in the listed municipality that is nearest to the subject property.
(c)  The hearing must be held in a building or facility that is owned or partly or entirely leased by the office, except that if the office does not own or lease a building or facility in the municipality in which the hearing is required to be held, the hearing may be held in any public or privately owned building or facility in that municipality, preferably a building or facility in which the office regularly conducts business.  The hearing may not be held in a building or facility that is owned, leased, or under the control of an appraisal district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 851 (H.B. 316), Sec. 6, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 851 (H.B. 316), Sec. 7, eff. January 1, 2014.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.910. Scope of Appeal; Hearing

Sec. 2003.910.  SCOPE OF APPEAL; HEARING.  (a)  An appeal is by trial de novo.  The administrative law judge may not admit into evidence the fact of previous action by the appraisal review board, except as otherwise provided by this subchapter.
(b)  Chapter 2001 and the Texas Rules of Evidence do not apply to a hearing under this subchapter.  Prehearing discovery is limited to the exchange of documents the parties will rely on during the hearing.  Any expert witness testimony must be reduced to writing and included in the exchange of documents.
(c)  Any relevant evidence is admissible, subject to the imposition of reasonable time limits and the parties' compliance with reasonable procedural requirements imposed by the administrative law judge, including a schedule for the prehearing exchange of documents to be relied on.
(d)  An administrative law judge may consider factors such as the hearsay nature of testimony, the qualifications of witnesses, and other restrictions on the admissibility of evidence under the Texas Rules of Evidence in assessing the weight to be given to the evidence admitted.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.911. Representation of Parties

Sec. 2003.911.  REPRESENTATION OF PARTIES.  (a)  A property owner may be represented at the hearing by:
(1)  the property owner;
(2)  an attorney who is licensed in this state;
(3)  a certified public accountant;
(4)  a registered property tax consultant; or
(5)  any other person who is not otherwise prohibited from appearing in a hearing held by the office.
(b)  The appraisal district may be represented by the chief appraiser or a person designated by the chief appraiser.
(c)  An authorized representative of a party may appear at the hearing to offer evidence, argument, or both, in the same manner as provided by Section 41.45, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.913. Payment of Taxes Pending Appeal

Sec. 2003.913.  PAYMENT OF TAXES PENDING APPEAL.  (a)  The pendency of an appeal to the office does not affect the delinquency date for the taxes on the property subject to the appeal.  A property owner who appeals an appraisal review board order to the office shall pay taxes on the property subject to the appeal in an amount equal to the amount of taxes due on the portion of the taxable value of the property that is not in dispute.  If the final determination of the appeal decreases the property owner's tax liability to an amount less than the amount of taxes paid, each taxing unit shall refund to the property owner the difference between the amount of taxes paid and the amount of taxes for which the property owner is liable.
(b)  A property owner may not appeal to the office if the taxes on the property subject to the appeal are delinquent.  An administrative law judge who determines that the taxes on the property subject to an appeal are delinquent shall dismiss the pending appeal with prejudice.  If an appeal is dismissed under this subsection, the office shall retain the property owner's filing fee.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter Z. Appeals From Appraisal Review Board Determinations › Section 2003.914. Effect on Right to Judicial Appeal

Sec. 2003.914.  EFFECT ON RIGHT TO JUDICIAL APPEAL.  An appeal to the office under this subchapter is an election of remedies and an alternative to bringing an appeal under Section 42.01, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1180 (H.B. 3612), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2004 - Representation Before State Agencies › Section 2004.001. Definitions

Sec. 2004.001.  DEFINITIONS.  In this chapter:
(1)  "Individual" includes a member of the legislature, any other state officer, and a state employee.
(2)  "State agency" means an office, department, commission, or board of the executive branch of state government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2004 - Representation Before State Agencies › Section 2004.002. Registration

Sec. 2004.002.  REGISTRATION.  (a)  An individual who appears before a state agency or contacts in person an officer or employee of a state agency on behalf of an individual, firm, partnership, corporation, or association about a matter before that agency shall register with the state agency:
(1)  the name and address of the registrant;
(2)  the name and address of the person on whose behalf the appearance or contact is made;  and
(3)  a statement on whether the registrant has received or expects to receive any money, thing of value, or financial benefit for the appearance or contact.
(b)  Each state agency shall provide for recording the registration in a record and shall maintain the record.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2004 - Representation Before State Agencies › Section 2004.003. Exemptions From Registration

Sec. 2004.003.  EXEMPTIONS FROM REGISTRATION.  An individual is not required to register under Section 2004.002 because of:
(1)  the individual's appearance or contact on an interagency matter if the individual is an officer or employee of the state agency;  or
(2)  a contact by the individual with the state agency or an officer or employee of the agency if the contact:
(A)  is solely for obtaining information and an attempt is not made to influence the action of an officer or employee of the agency;
(B)  consists of making an appearance and participating at a public hearing;
(C)  is made in a matter in which a pleading or other instrument that discloses the individual's representation is on file with the agency;  or
(D)  is one for which the individual does not receive compensation or any thing of value.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2004 - Representation Before State Agencies › Section 2004.004. Reporting and Filing of Registrations

Sec. 2004.004.  REPORTING AND FILING OF REGISTRATIONS.  (a)  A state agency shall prepare a report that includes the information from all registrations filed with the agency in a calendar quarter.
(b)  The agency shall file the report with the Texas Ethics Commission not later than the 10th day of the month after the end of the calendar quarter for which the report was prepared.
(c)  The Texas Ethics Commission shall index each report and keep the report on file for four years after the date the report is filed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 506, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2004 - Representation Before State Agencies › Section 2004.005. Penalty

Sec. 2004.005.  PENALTY.  (a)  An individual commits an offense if the individual does not register as required by this chapter.
(b)  An offense under this chapter is a misdemeanor punishable by:
(1)  a fine of not more than $500;
(2)  confinement in jail for a term not to exceed six months;  or
(3)  both the fine and imprisonment.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter A. Permit Processing › Section 2005.001. Definitions

Sec. 2005.001.  DEFINITIONS.  In this subchapter:
(1)  "Permit" means an authorization by a license, certificate, registration, or other form that is required by law or state agency rules to engage in a particular business.
(2)  "State agency" means a department, board, bureau, commission, division, office, council, or other agency of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter A. Permit Processing › Section 2005.002. Exceptions

Sec. 2005.002.  EXCEPTIONS.  This subchapter does not apply to a permit:
(1)  for which an agency's median time during the preceding calendar year for processing a permit application from receipt of the initial application to the final permit decision did not exceed seven days;
(2)  issued in connection with any form of gaming or gambling; or
(3)  issued under the Alcoholic Beverage Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter A. Permit Processing › Section 2005.003. Permit Processing Periods

Sec. 2005.003.  PERMIT PROCESSING PERIODS.  (a)  A state agency that issues permits shall adopt procedural rules for processing permit applications and issuing permits.
(b)  The rules must specify:
(1)  the period, beginning on the date the agency receives an initial permit application, in which the agency must provide written notice to the applicant:
(A)  stating that the permit application is complete and accepted for filing;  or
(B)  stating that the permit application is incomplete and specifying the additional information required for acceptance;  and
(2)  the period, beginning on the date the agency receives a complete permit application, in which the agency must deny or approve the permit application.
(c)  A state agency may establish separate rules under this section for contested and uncontested cases.
(d)  A state agency shall publish with rules proposed under this section:
(1)  a statement of the agency's minimum, maximum, and median times for processing a permit application from the date the agency received an initial permit application to the date of the final permit decision using the agency's performance in the 12 months preceding the date the proposed rules are published;  and
(2)  a justification of the periods proposed by the rules.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter A. Permit Processing › Section 2005.004. Good Cause

Sec. 2005.004.  GOOD CAUSE.  A state agency has good cause to exceed the period it establishes for processing a permit application if:
(1)  the number of permit applications to be processed exceeds by at least 15 percent the number of permit applications processed in the same quarter of the previous calendar year;
(2)  the agency must rely on another public or private entity to process all or a part of the permit applications received by the agency, and the delay is caused by that entity;  or
(3)  other conditions exist that give the agency good cause for exceeding the established period.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter A. Permit Processing › Section 2005.005. Duty of Head of Agency

Sec. 2005.005.  DUTY OF HEAD OF AGENCY.  The head of each state agency shall ensure that the agency complies with this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter A. Permit Processing › Section 2005.006. Complaint Procedure

Sec. 2005.006.  COMPLAINT PROCEDURE.  (a)  A state agency subject to this subchapter shall establish by rule a complaint procedure through which a permit applicant can:
(1)  complain directly to the chief administrator of the agency if the agency exceeds the established period for processing permits; and
(2)  request a timely resolution of any dispute arising from the delay.
(b)  The rules must provide for the reimbursement of all filing fees paid by the applicant for a permit application if the chief administrator of the state agency determines that:
(1)  the agency exceeded the established period for permit processing;  and
(2)  the agency did not establish good cause for exceeding the established period.
(c)  The state agency shall include information about the complaint procedure in permit application forms issued by the agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter A. Permit Processing › Section 2005.007. Reports

Sec. 2005.007.  REPORTS.  (a)  A state agency that issues permits shall report biennially to the governor and the legislature on its permit application system.
(b)  The report must include:
(1)  a statement of the periods the agency has adopted under this subchapter for processing each type of permit it issues, specifying any changes the agency made since the last report;
(2)  a statement of the minimum, maximum, and median times for processing each type of permit during the period since the last report from the date the agency receives the initial permit application to the final permit decision;
(3)  a description of the complaint procedure required by Section 2005.006;
(4)  a summary of the number and disposition of complaints received by the agency under Section 2005.006 since the last report; and
(5)  a description of specific actions taken by the agency since the last report to simplify and improve its permit application, processing, and paperwork requirements.
(c)  A state agency shall include the information required by Subsection (b) in each performance report the agency submits to the Legislative Budget Board.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter B. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information › Section 2005.051. Definitions

Sec. 2005.051.  DEFINITIONS.  In this subchapter:
(1)  "License" means a license, certificate, registration, permit, or other authorization:
(A)  that is issued by a licensing authority;
(B)  that is subject before expiration to suspension, revocation, forfeiture, or termination by the issuing licensing authority; and
(C)  that a person must obtain to:
(i)  practice or engage in a particular business, occupation, or profession; or
(ii)  engage in any other regulated activity, including hunting, fishing, or other recreational activity for which a license or permit is required.
(2)  "Licensing authority" means an agency of the executive, legislative, or judicial branch of state government that issues a license.
Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter B. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information › Section 2005.052. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information

Sec. 2005.052.  DENIAL, SUSPENSION, OR REVOCATION FOR FALSE STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION.  (a)  A licensing authority may deny a person's application for a license or suspend or revoke a person's license if the licensing authority determines, after notice and hearing, that the person knowingly:
(1)  made a false statement in connection with applying for or renewing the license;
(2)  made a material misrepresentation to the licensing authority in connection with applying for or renewing the license;
(3)  refused to provide information requested by the licensing authority; or
(4)  failed to provide all of the person's criminal history information in response to the licensing authority's request for the information.
(b)  A denial, suspension, or revocation by a licensing authority under this section is governed by the administrative procedures that apply to other disciplinary actions taken by the licensing authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2005 - Miscellaneous Provisions Relating to State Licenses and Permits › Subchapter B. Denial, Suspension, or Revocation for False Statement, Misrepresentation, or Refusal to Provide Information › Section 2005.053. Criminal Prosecution

Sec. 2005.053.  CRIMINAL PROSECUTION.  A person who knowingly makes a false statement in connection with applying for or renewing a license may be subject to criminal prosecution under Section 37.10, Penal Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter A. Adoption of Rules › Section 2006.001. Definitions

Sec. 2006.001.  DEFINITIONS.  In this subchapter:
(1)  "Micro-business" means a legal entity, including a corporation, partnership, or sole proprietorship, that:
(A)  is formed for the purpose of making a profit;
(B)  is independently owned and operated;  and
(C)  has not more than 20 employees.
(1-a) "Rural community" means a municipality with a population of less than 25,000.
(2)  "Small business" means a legal entity, including a corporation, partnership, or sole proprietorship, that:
(A)  is formed for the purpose of making a profit;
(B)  is independently owned and operated;  and
(C)  has fewer than 100 employees or less than $6 million in annual gross receipts.
(3)  "State agency" means a department, board, bureau, commission, division, office, council, or other agency of the state and includes an officer who is authorized by law to determine contested cases.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 558, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1270 (H.B. 3430), Sec. 2, eff. October 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 898 (H.B. 3433), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter A. Adoption of Rules › Section 2006.003. Opportunity to Remedy Violation; Policy

Sec. 2006.003.  OPPORTUNITY TO REMEDY VIOLATION; POLICY.  (a)  This section applies only to a state agency with regulatory authority over a small business.
(b)  A state agency may not impose an administrative penalty against a small business for a first violation of a statute or a rule administered by the agency, other than a violation committed knowingly or intentionally, unless the agency first provides the small business written notice of the violation and an opportunity to remedy the violation within a reasonable time after receiving the notice.  Notwithstanding any other law, a violation is not considered to be a continuing violation during the reasonable time in which the small business attempts in good faith to remedy the violation.
(c)  Each state agency subject to this section shall adopt a policy consistent with the requirements of Subsection (b).  The policy must provide that the agency will not attempt to recover an administrative penalty during the reasonable time the small business is attempting in good faith to remedy the violation.
(d)  This section does not apply to an action taken by:
(1)  a state agency to protect public health and safety or the environment;
(2)  an officer listed in Section 411.0765(b)(18) in connection with the regulation of financial services; or
(3)  the Texas Workforce Commission if the action is required to conform to or comply with federal law.
Added by Acts 2021, 87th Leg., R.S., Ch. 563 (S.B. 424), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter B. Recovery of Court Costs and Attorney Fees › Section 2006.011. Definitions

Sec. 2006.011.  DEFINITIONS.  In this subchapter:
(1)  "Groundless" means having no basis in law or fact.
(2)  "Small business" means a legal entity, including a corporation, partnership, or sole proprietorship that:
(A)  is formed for the purpose of making a profit;
(B)  is independently owned and operated;
(C)  is not a publicly held corporation;  and
(D)  has fewer than 100 employees or less than $1 million in annual gross receipts at the end of the fiscal year preceding the year of the filing of an administrative adjudicatory proceeding or civil action in which the entity is seeking recovery under this subchapter.
(3)  "State agency" means a board, commission, department, or office that:
(A)  is in the executive branch of state government;
(B)  was created by the constitution or a statute of this state;  and
(C)  has statewide jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter B. Recovery of Court Costs and Attorney Fees › Section 2006.012. Exceptions

Sec. 2006.012.  EXCEPTIONS.  This subchapter does not apply to a proceeding or action that is:
(1)  filed before September 1, 1987;  or
(2)  brought under:
(A)  Subchapter E, Chapter 17, Business & Commerce Code (Deceptive Trade Practices-Consumer Protection Act);  or
(B)  Chapter 21, Insurance Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter B. Recovery of Court Costs and Attorney Fees › Section 2006.013. Requirements for Recovery

Sec. 2006.013.  REQUIREMENTS FOR RECOVERY.  (a)  In an administrative adjudicatory proceeding or a civil action resulting from a complaint issued by a state agency against a small business under the agency's administrative or regulatory functions, the small business may be awarded reasonable attorney fees and court costs if:
(1)  it is a small business at the time it becomes a party to the proceeding or action;
(2)  it prevails in the proceeding or action;  and
(3)  the proceeding or action was groundless and brought:
(A)  in bad faith;  or
(B)  for purposes of harassment.
(b)  For purposes of this section, a small business prevails in a proceeding or action if there is not:
(1)  an adjudication, stipulation, or acceptance of liability;  or
(2)  a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the small business.
(c)  A small business may not recover under this subchapter if the parties have executed a settlement agreement that, while not stipulating liability or violation, requires the small business to take corrective action or pay a monetary sum.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter B. Recovery of Court Costs and Attorney Fees › Section 2006.014. Motion for Recovery

Sec. 2006.014.  MOTION FOR RECOVERY.  (a)  To recover under this subchapter, a small business, not later than the 30th day after the date of the filing of the administrative adjudicatory proceeding or civil action, must file a written motion that:
(1)  alleges that the proceeding or action was groundless and brought:
(A)  in bad faith;  or
(B)  for purposes of harassment;
(2)  states the facts that justify the small business's claim;  and
(3)  states that if the claim is dismissed or judgment is awarded to the small business, the small business will seek recovery of attorney fees and court costs.
(b)  A small business may not recover attorney fees and court costs under this subchapter if, not later than the 30th day after the date the small business gives notice that it has filed a motion under Subsection (a), the state agency:
(1)  amends the pleadings so that the small business that has filed the motion is no longer a party to the proceeding or action;  or
(2)  dismisses the proceeding or action.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter B. Recovery of Court Costs and Attorney Fees › Section 2006.015. Determination of Claim

Sec. 2006.015.  DETERMINATION OF CLAIM.  (a)  The hearings officer in an administrative adjudicatory proceeding or the court in a civil action shall determine whether the proceeding or action is groundless and brought:
(1)  in bad faith;  or
(2)  for purposes of harassment.
(b)  In making the determination, the hearings officer or court shall consider:
(1)  the multiplicity of parties;
(2)  the complexity of the claims and defenses;
(3)  the length of time available to the agency to investigate and conduct discovery;  and
(4)  affidavits, depositions, and any other relevant matters.
(c)  In making a determination, a hearings officer or a court may not consider the amount of damages, civil penalties, fines, taxes, or other monetary recovery sought by the state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2006 - Agency Actions Affecting Small Businesses and Rural Communities › Subchapter B. Recovery of Court Costs and Attorney Fees › Section 2006.016. Effect of Determination or Order

Sec. 2006.016.  EFFECT OF DETERMINATION OR ORDER.  A determination made or order issued under this subchapter is not grounds for any liability, sanction, or grievance except as provided by this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.