reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter C. Executive Director and Other Department Personnel › Section 51.106. Information on Standards of Conduct

Sec. 51.106.  INFORMATION ON STANDARDS OF CONDUCT.  The executive director or the executive director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.011, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter C. Executive Director and Other Department Personnel › Section 51.107. Career Ladder Program; Performance Evaluations

Sec. 51.107.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director shall develop a career ladder program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The executive director shall develop a system of employee performance evaluations.  The system must require that evaluations be conducted at least annually.  All merit pay for department employees must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 17, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter C. Executive Director and Other Department Personnel › Section 51.108. Equal Employment Opportunity Policy

Sec. 51.108.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The executive director or the executive director'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 department 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 department'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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 18, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.012, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.201. General Powers and Duties of Commission

Sec. 51.201.  GENERAL POWERS AND DUTIES OF COMMISSION.  (a)  The commission shall:
(1)  supervise the executive director's administration of the department;
(2)  formulate the policy objectives for the department;  and
(3)  approve the department's operating budget and the department's requests for legislative appropriations.
(b)  The commission:
(1)  may adopt rules as necessary for its own procedures;  and
(2)  shall adopt rules as necessary to implement this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 19, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.202. Fees

Sec. 51.202.  FEES.  (a)  The commission shall set fees, in amounts reasonable and necessary to cover the costs of administering the programs or activities, for:
(1)  licenses issued by the department;
(2)  license renewals and late renewals;
(3)  examinations; and
(4)  any other program or activity administered by the department.
(b)  The executive director by rule may provide for prorating fees for the issuance of a license, so that a person regulated by the department pays only that portion of the applicable fee that is allocable to the number of months during which the license is valid.
(c)  The executive director shall develop cost management procedures that enable the commission to determine with reasonable accuracy the cost to the department of each program and activity for which a fee is charged.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 20, eff. June 14, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 613 (H.B. 3743), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.203. Rules Regarding Programs Regulated by Department

Sec. 51.203.  RULES REGARDING PROGRAMS REGULATED BY DEPARTMENT.  (a)  The commission shall adopt rules as necessary to implement each law establishing a program regulated by the department.
(b)  Notwithstanding any other law, for each program regulated by the department, including a program under which a license is issued by the department, the commission by rule may establish:
(1)  the length of a license term, not to exceed two years;
(2)  a fee for the issuance or renewal of a license; and
(3)  any continuing education required to renew a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 21, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.014, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.2031. Rules Regarding Health-Related Programs; Provision of Information

Sec. 51.2031.  RULES REGARDING HEALTH-RELATED PROGRAMS; PROVISION OF INFORMATION.  (a)  This section applies only to the regulation of the following professions by the department:
(1)  athletic trainers;
(2)  behavior analysts;
(3)  dietitians;
(4)  hearing instrument fitters and dispensers;
(5)  midwives;
(6)  orthotists and prosthetists; and
(7)  speech-language pathologists and audiologists.
(a-1)  The commission may not adopt a new rule relating to the scope of practice of or a health-related standard of care for a profession to which this section applies unless the rule has been proposed by the advisory board established for that profession.  The commission shall adopt rules prescribing the procedure by which an advisory board may propose rules described by this subsection.
(a-2)  For each rule proposed under Subsection (a-1), the commission shall either adopt the rule as proposed or return the rule to the advisory board for revision.  The commission retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process.
(b)  The commission shall adopt rules clearly specifying the manner in which the department and commission will solicit input from, and on request provide information to, an advisory board established for a profession to which this section applies regarding the general investigative, enforcement, or disciplinary procedures of the department or commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.001, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.002, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.2032. Rules Regarding Podiatry; Provision of Information

Sec. 51.2032.  RULES REGARDING PODIATRY; PROVISION OF INFORMATION.  (a)  In this section, "advisory board" means the Podiatric Medical Examiners Advisory Board.
(b)  The commission may not adopt a new rule relating to the scope of practice of, a health-related standard of care for, or the ethical practice of the profession of podiatry unless the rule has been proposed by the advisory board.  The commission shall adopt rules prescribing the procedure by which the advisory board may propose rules described by this subsection.
(c)  For each rule proposed under Subsection (b), the commission shall either adopt the rule as proposed or return the rule to the advisory board for revision.  The commission retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process.
(d)  The commission shall adopt rules clearly specifying the manner in which the department and commission will solicit input from, and on request provide information to, the advisory board regarding:
(1)  continuing education requirements; and
(2)  the general investigative, enforcement, or disciplinary procedures of the department or commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.204. Rules Restricting Advertising or Competitive Bidding

Sec. 51.204.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, or deceptive practices.
(b)  The commission may not include in rules to prohibit false, misleading, or deceptive practices by a license holder a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the license holder's personal appearance or the use of the license holder's voice in an advertisement;
(3)  relates to the size or duration of an advertisement;  or
(4)  restricts the use of a trade name in advertising.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 22, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.014, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.207. Use of Technology

Sec. 51.207.  USE OF TECHNOLOGY.  (a)  The commission shall develop and implement a policy requiring the executive director and department employees to research and propose appropriate technological solutions to improve the department's ability to perform its functions.  The technological solutions must:
(1)  ensure that the public is able to easily find information about the department on the Internet;
(2)  ensure that persons who want to use the department's services are able to:
(A)  interact with the department 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 department's planning processes.
(b)  The department shall provide on its Internet website a link to an Internet website that allows the public to track legislation affecting the programs administered by the department, which may be a website that provides legislative information administered by the Texas Legislature.
(c)  The commission by rule may require an applicant, license holder, or other person who regularly receives correspondence from the department to provide an e-mail address to the department for purposes of receiving correspondence.  An e-mail address used under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.015, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 452 (S.B. 845), Sec. 1, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 613 (H.B. 3743), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.208. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 51.208.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules;  and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution;  and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the department.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.015, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.2095. Interdisciplinary Advisory Boards

Sec. 51.2095.  INTERDISCIPLINARY ADVISORY BOARDS.  The executive director or the presiding officer of the commission may appoint interdisciplinary advisory boards consisting of members from various businesses, industries, general trades, or occupations to provide expertise related to a program regulated by the department.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.05, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.210. Method of Making Payments

Sec. 51.210.  METHOD OF MAKING PAYMENTS.  (a)  The commission may authorize payment of regulatory fees, fines, penalties, and charges for goods and services through:
(1)  an electronic payment method; or
(2)  a credit card issued by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the commission.
(b)  A payment by a method under this section may be made in person, by telephone, or through the Internet.
(c)  The commission may require a person who makes a payment to the department through an electronic payment method or credit card to pay a discount or service charge in an amount reasonable and necessary to reimburse the commission for the costs involved in processing the payment.
(d)  The commission may adopt rules as necessary to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter D. Powers and Duties › Section 51.211. Risk-Based Inspections

Sec. 51.211.  RISK-BASED INSPECTIONS. (a) The department shall conduct risk-based inspections that prioritize inspections based on key risk factors identified by the department, including:
(1)  whether a license holder has previously violated a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director; and
(2)  the number of violations committed by a license holder.
(b)  The department may use alternative inspection methods, including the use of videoconference technology or other methods instead of conducting an in-person inspection, in circumstances the department considers appropriate.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.05, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter E. Public Interest Information and Complaint Procedures › Section 51.251. Public Interest Information

Sec. 51.251.  PUBLIC INTEREST INFORMATION.  (a)  The department shall prepare information of public interest describing the functions of the commission and department and the procedures by which complaints are filed with and resolved by the commission or executive director.
(b)  The department shall make the information available to the public and appropriate state agencies.
(c)  The executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 24, eff. June 14, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.06, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter E. Public Interest Information and Complaint Procedures › Section 51.2521. Complaint Investigation

Sec. 51.2521.  COMPLAINT INVESTIGATION.  (a)  The department shall assign priorities and investigate complaints based on risk to the public of the conduct alleged in the complaint.
(b)  If the department determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the department shall dismiss the complaint.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.08, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter E. Public Interest Information and Complaint Procedures › Section 51.253. Public Participation

Sec. 51.253.  PUBLIC PARTICIPATION.  (a)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.
(b)  The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.
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 51 - Texas Department of Licensing and Regulation › Subchapter E. Public Interest Information and Complaint Procedures › Section 51.255. Statistical Analysis of Complaints

Sec. 51.255.  STATISTICAL ANALYSIS OF COMPLAINTS.  (a) The department shall make available on the department's Internet website a statistical analysis of the complaints received by the department.
(b)  The analysis under this section must include aggregate information on the number, source, type, and disposition of complaints received during the preceding state fiscal year and must include, as applicable, the following information for each program regulated by the department:
(1)  the number of license holders;
(2)  the number of complaints received against license holders;
(3)  the number of complaints resolved and the manner in which they were resolved, including:
(A)  the number of complaints dismissed and the reasons for dismissal;
(B)  the number of contested cases referred to and heard by the State Office of Administrative Hearings;
(C)  the number of cases appealed to a district court;
(D)  the number of complaints resulting in disciplinary action, the disciplinary action taken, and whether the disciplinary action was imposed by an agreed settlement or default order issued by the executive director or a final order issued by the commission;
(E)  a breakdown of the nature of the alleged violations in:
(i)  complaints opened for investigation; and
(ii)  cases that resulted in disciplinary action; and
(F)  the number of complaints resolved, categorized by whether the complaint originated from department staff or from the public;
(4)  the average time required to resolve a complaint;
(5)  the average amount of administrative penalties assessed; and
(6)  the number and amount of refunds ordered by the commission or executive director or obtained through an informal resolution.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.08, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.301. Imposition of Penalty

Sec. 51.301.  IMPOSITION OF PENALTY.  The executive director or commission may impose an administrative penalty against a person who violates:
(1)  a law establishing a regulatory program administered by the department;  or
(2)  a rule adopted or order issued by the executive director or commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 26, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.302. Amount of Penalty

Sec. 51.302.  AMOUNT OF PENALTY.  (a)  If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission or executive director in an amount that may not exceed $5,000 per day for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the respondent's history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made by the respondent to correct the violation;  and
(5)  any other matter that justice may require.
(c)  The commission shall by rule or by procedure published in the Texas Register establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 27, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.017, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.3025. Imposition of Sanction

Sec. 51.3025.  IMPOSITION OF SANCTION.  A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction.  If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction.
Added by Acts 2001, 77th Leg., ch. 836, Sec. 28, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.303. Notice of Violation and Penalty

Sec. 51.303.  NOTICE OF VIOLATION AND PENALTY.  If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating:
(1)  a brief summary of the alleged violation;
(2)  the amount of the recommended administrative penalty;  and
(3)  that the respondent has the right to a hearing to contest the alleged violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 29, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.304. Penalty to Be Paid or Hearing Requested

Sec. 51.304.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the respondent receives the notice, the respondent may:
(1)  accept the department's determination and recommended administrative penalty;  or
(2)  make a written request for a hearing on that determination.
(b)  If the respondent accepts the department's determination, the executive director by order shall approve the determination and require the person to pay the recommended penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 30, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.305. Hearing on Recommendations

Sec. 51.305.  HEARING ON RECOMMENDATIONS.  (a)  If the respondent requests a hearing, the hearing shall be conducted by the State Office of Administrative Hearings.
(b)  The State Office of Administrative Hearings shall consider the department's applicable substantive rules and policies when conducting a hearing under this subchapter.
(c)  An administrative law judge at the State Office of Administrative Hearings shall:
(1)  make findings of fact and conclusions of law;  and
(2)  promptly issue to the commission a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 31, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 1215, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.306. Decision by Commission

Sec. 51.306.  DECISION BY COMMISSION.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that:
(1)  a violation occurred and impose an administrative penalty;  or
(2)  a violation did not occur.
(b)  The department shall give notice of the order to the respondent.
(c)  The order under this section must include:
(1)  separate statements of the findings of fact and conclusions of law;
(2)  the amount of any penalty imposed;
(3)  a statement of the right of the respondent to judicial review of the order;  and
(4)  any other information required by law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 32, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.307. Options Following Decision: Pay or Appeal

Sec. 51.307.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the commission's order becomes final, the respondent shall:
(1)  pay the penalty;  or
(2)  file a petition for judicial review contesting the order and:
(A)  forward the penalty to the department for deposit in an escrow account;  or
(B)  give the department a supersedeas bond in a form approved by the executive director that:
(i)  is for the amount of the penalty;  and
(ii)  is effective until judicial review of the decision is final.
(b)  A respondent who is financially unable to comply with Subsection (a)(2) is entitled to judicial review if the respondent files with the court, as part of the respondent's petition for judicial review, a sworn statement that the respondent is unable to meet the requirements of that subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 33, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.308. Collection of Penalty

Sec. 51.308.  COLLECTION OF PENALTY.  If the person on whom the administrative penalty is imposed violates Section 51.307(a), the department or the attorney general may bring an action to collect the penalty.
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 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.309. Remittance of Penalty and Interest

Sec. 51.309.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If, after judicial review, the administrative penalty is reduced or not imposed, the executive director shall:
(1)  remit to the person the appropriate amount, plus accrued interest, if the person paid the amount of the penalty;  or
(2)  execute a release of the bond, if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is accrued at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid to the department and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 34, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter F. Administrative Penalty › Section 51.310. Administrative Procedure

Sec. 51.310.  ADMINISTRATIVE PROCEDURE.  (a)  The executive director by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty.
(b)  A proceeding under this subchapter to impose an administrative penalty is considered to be a contested case under Chapter 2001, Government Code.
(c)  The executive director by rule shall prescribe notice procedures for proceedings under this subchapter that provide for notice by certified mail with electronic return receipt.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 35, eff. June 14, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.351. Inspections and Investigations

Sec. 51.351.  INSPECTIONS AND INVESTIGATIONS.  (a)  The department may conduct inspections or investigations as necessary to enforce the laws administered by the department.
(b)  The department, during reasonable business hours, may:
(1)  enter the business premises of a person regulated by the department or a person suspected of being in violation of or threatening to violate a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director related to a regulatory program administered by the department;  and
(2)  examine and copy records pertinent to the inspection or investigation.
(c)  A department employee may check the license, registration, or endorsement of a person regulated by the Texas State Board of Plumbing Examiners in accordance with the memorandum of understanding under Section 1301.259 and report any noncompliance to that agency.
(d)  The department shall conduct joint investigations with the Texas State Board of Plumbing Examiners as circumstances require.
(e)  The department may take action under Section 51.353 for a violation identified during an inspection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 36, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 819, Sec. 27, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.09, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.3511. Issuance of Emergency Orders

Sec. 51.3511.  ISSUANCE OF EMERGENCY ORDERS.  (a)  If the executive director determines that an emergency exists requiring immediate action to protect the public health and safety, the executive director may issue an emergency order to:
(1)  suspend or revoke a license or other authorization issued under a program regulated by the department; or
(2)  halt operation of an unsafe facility or unsafe equipment that is subject to regulation by the department.
(b)  The executive director may issue an emergency order with or without notice and hearing as the executive director considers practicable under the circumstances.
(c)  If an emergency order is issued under this section without a hearing, the executive director shall set the time and place for a hearing conducted by the State Office of Administrative Hearings to affirm, modify, or set aside the emergency order not later than the 10th day after the date the order was issued.  The order shall be affirmed to the extent that reasonable cause existed to issue the order.
(d)  The commission by rule may prescribe procedures for the determination and appeal of an emergency order issued under this section, including a rule allowing the commission to affirm, modify, or set aside a decision made by the State Office of Administrative Hearings under Subsection (c).
(e)  A proceeding under this section is a contested case under Chapter 2001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.3512. Subpoenas

Sec. 51.3512.  SUBPOENAS.  (a)  The department may issue a subpoena as provided by this section.
(b)  The department may request and, if necessary, compel by subpoena:
(1)  the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter, a law establishing a regulatory program administered by the department, or a rule adopted or order issued by the commission or executive director; and
(2)  the attendance of a witness for examination under oath.
(c)  A subpoena under this section may be issued throughout this state and may be served by any person designated by the commission or the executive director.
(d)  The department, acting through the attorney general, may bring an action to enforce a subpoena issued under this section against a person who fails to comply with the subpoena.
(e)  Venue for an action brought under this section is in a district court in:
(1)  Travis County; or
(2)  any county in which the department may hold a hearing.
(f)  The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.3513. Cease and Desist Order

Sec. 51.3513.  CEASE AND DESIST ORDER.  The executive director may issue a cease and desist order if the executive director determines that the action is necessary to prevent a violation of:
(1)  this chapter;
(2)  a law establishing a regulatory program administered by the department; or
(3)  a rule adopted or order issued by the commission or the executive director.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.352. Injunctive Relief; Civil Penalty

Sec. 51.352.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The attorney general or the executive director may institute an action for injunctive relief to restrain a violation by and to collect a civil penalty from a person that appears to be in violation of or threatening to violate a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director related to the regulatory program.  A civil penalty assessed under this subsection may not exceed $5,000 per day for each violation.
(b)  An action filed under this section must be filed in a district court in Travis County.
(c)  The attorney general and the department may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 37, eff. June 14, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.353. License Denial; Administrative Sanctions

Sec. 51.353.  LICENSE DENIAL; ADMINISTRATIVE SANCTIONS.  (a)  The commission may deny, revoke, suspend, or refuse to renew a license or may reprimand a license holder for a violation of this chapter, a law establishing a regulatory program administered by the department, or a rule or order of the commission or the executive director.
(b)  The commission may place on probation a person whose license is suspended.  If a license suspension is probated, the commission may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the commission;  or
(3)  continue or renew professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis for the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 38, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.018, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.354. Right to Hearing; Administrative Procedure

Sec. 51.354.  RIGHT TO HEARING;  ADMINISTRATIVE PROCEDURE.  (a)  A respondent is entitled to a hearing conducted by the State Office of Administrative Hearings if the executive director proposes to deny, suspend, or revoke a license.
(b)  A proceeding under this chapter to deny, suspend, or revoke a license is considered to be a contested case under Chapter 2001, Government Code.
(c)  The executive director by rule shall prescribe notice procedures for a contested case under this chapter that provide for notice by certified mail with electronic return receipt.
(d)  Expired.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 39, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 1215, Sec. 12, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1215, Sec. 16, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 8, eff. September 1, 2009.
For expiration of Subsections (a-1) and (a-2), see Subsection (a-1).
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.355. License Eligibility of Person Whose License Has Been Revoked

Sec. 51.355.  LICENSE ELIGIBILITY OF PERSON WHOSE LICENSE HAS BEEN REVOKED.  (a)  Except as otherwise provided by this section, a person whose license has been revoked by order of the commission or executive director is not eligible for a new license until the first anniversary of the date of the revocation.
(a-1)  Subsection (a) does not apply to a person whose license was revoked under Section 455.251(b)(1).
(a-2)  This subsection and Subsection (a-1) expire September 1, 2025.
(b)  Notwithstanding Subsection (a), a person whose license has been revoked by order of the commission or executive director is eligible to apply for a new license before the first anniversary of the date of the revocation if:
(1)  the revocation was based solely on the person's failure to pay an administrative penalty; and
(2)  the person:
(A)  has paid the administrative penalty in full; or
(B)  is paying the administrative penalty under a payment plan with the department and is in good standing with respect to that plan.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 13 (S.B. 483), Sec. 1, eff. May 13, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.356. Deferred Adjudication; License Suspension, License Revocation, or Denial or Refusal to Renew License

Sec. 51.356.  DEFERRED ADJUDICATION; LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE. (a)  The commission may deny, suspend, revoke, or refuse to renew a license or other authorization issued by a program regulated by the department if:
(1)  the person holding or seeking the license received deferred adjudication for:
(A)  any offense described by Article 62.001(5), Code of Criminal Procedure; or
(B)  an offense other than an offense described by Paragraph (A) if:
(i)  the person has not completed the period of deferred adjudication or the person completed the period of deferred adjudication less than five years before the date the person applied for the license; or
(ii)  a conviction for the offense would make the person ineligible for the license by operation of law; and
(2)  the commission determines that the deferred adjudication makes the person unfit for the license.
(b)  In making a determination under Subsection (a)(2), the commission shall consider the factors set forth in Sections 53.022 and 53.023 and the guidelines issued by the department under Section 53.025.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 938 (H.B. 1659), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.357. Restricted Licenses for Certain Occupations

Sec. 51.357.  RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS.  (a)  As an alternative to denying, revoking, suspending, or refusing to issue or renew a license under Section 51.356 or 51.4012(a) or Chapter 53, the commission or executive director may issue a restricted license to an applicant for a license under:
(1)  Chapter 1302; or
(2)  Chapter 1305.
(b)  The department may impose reasonable conditions on a holder of a restricted license, including requiring the license holder to:
(1)  limit the scope or location of the license holder's practice;
(2)  be supervised; and
(3)  report to the department, including notifying the department promptly of any change in the license holder's supervision.
(c)  The department may:
(1)  include on the face of a license and in the department's records a statement:
(A)  that the license is restricted; and
(B)  of any condition of the restricted license; and
(2)  use a distinctive design for a restricted license.
(d)  A license holder who supervises the holder of a restricted license shall use reasonable care to ensure that the license holder complies with any condition imposed under this section.
(e)  The commission or executive director may impose an administrative penalty or other sanction on the holder of a restricted license or on a license holder who supervises the person for a violation of this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.358. Restricted License Term

Sec. 51.358.  RESTRICTED LICENSE TERM.  (a)  A restricted license issued under Section 51.357 is valid for the term provided for an unrestricted license of the same type.
(b)  A restricted license may be renewed by complying with the requirements for the renewal of an unrestricted license of the same type.
(c)  On the expiration of the term of a restricted license and the receipt by the department of a license renewal application, there is a rebuttable presumption that the applicant is entitled to issuance by the department of an unrestricted license.
(d)  The presumption under Subsection (c) may be rebutted by the department's determination that:
(1)  the applicant failed to comply with any condition imposed under Section 51.357;
(2)  the applicant is not in good standing with the department; or
(3)  issuing an unrestricted license to the applicant would result in an increased risk of harm to any person or property.
Added by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 2, eff. September 1, 2019.