reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter H. Prepayments and Escrow › Section 702.353. Exemption From Escrow Requirement

Sec. 702.353.  EXEMPTION FROM ESCROW REQUIREMENT.  (a)  A certificate holder is not required to deposit prepayments in an escrow account under Section 702.352 if:
(1)  the certificate holder has operated at least one health spa in the state for not less than two years before the date the certificate holder first sells a membership in the health spa that is the subject of the exemption;  and
(2)  except as provided by Subsection (b):
(A)  litigation has not been initiated against the certificate holder by a member of a health spa owned or operated by the certificate holder relating to the closing of the health spa or the failure of the health spa to open;  and
(B)  a member of a health spa has not filed a complaint with a governmental authority in this state against the certificate holder, or an owner, officer, or director of a health spa owned or operated by the certificate holder, relating to the closing of the health spa or the failure of the health spa to open.
(b)  The initiation of litigation or filing of a complaint against a certificate holder, or an owner, officer, or director of a health spa owned or operated by the certificate holder, does not preclude the certificate holder from claiming an exemption under Subsection (a) if the basis of the litigation or complaint is that the certificate holder's health spa closed:
(1)  as a result of a natural disaster and the closing did not exceed one month;  or
(2)  to relocate the health spa to a location not more than 10 miles from its location preceding the relocation and the closing did not exceed one month.
(c)  The number of exemptions that a certificate holder may claim under Subsection (a) during a two-year period may not exceed twice the number of health spas operated by the certificate holder on the first day of that two-year period.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter H. Prepayments and Escrow › Section 702.354. Duty of Financial Institution

Sec. 702.354.  DUTY OF FINANCIAL INSTITUTION.  A financial institution in which an escrow account is established under Section 702.352 shall hold each prepayment in the account as escrow agent for the benefit of the member who made the prepayments.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter H. Prepayments and Escrow › Section 702.355. Refund of Escrowed Prepayment

Sec. 702.355.  REFUND OF ESCROWED PREPAYMENT.  (a)  Except as provided by Subsection (b), a member is entitled to receive a full refund of the prepayment made under a contract if the health spa that is the subject of the contract does not open before the 181st day after the date the health spa first sells a membership in the health spa or does not remain open for at least 30 days unless:
(1)  an alternative health spa operated by the seller is located not more than 10 miles from the location of the health spa that is the subject of the contract;  and
(2)  the member is authorized to use the facilities of the alternative health spa.
(b)  A member who is authorized to use the facilities of an alternative health spa under Subsection (a) is entitled to receive a full refund of the prepayment made under the contract if the health spa that is the subject of the contract does not open before the 361st day after the date the health spa first sells a membership in the health spa or does not remain open for at least 30 days.
(c)  For purposes of this section, the date a health spa opens does not depend on whether the services of the health spa that were advertised before the opening, or promised to be made available, are included in the contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter H. Prepayments and Escrow › Section 702.356. Withdrawal of Escrow Funds

Sec. 702.356.  WITHDRAWAL OF ESCROW FUNDS.  A certificate holder may withdraw prepayments deposited in an escrow account under Section 702.352 if:
(1)  the health spa for which the prepayments are made remains open for not less than 30 days;
(2)  the certificate holder files with the secretary of state an affidavit certifying that all obligations of the health spa for which a lien may be claimed under Chapter 53, Property Code, have been paid;  and
(3)  no person is eligible to claim a lien under Chapter 53, Property Code, during the period the certificate holder or an assignee or agent of the certificate holder accepts prepayments for memberships in the certificate holder's health spa.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter I. Prohibited Practices › Section 702.401. Waiver Prohibited

Sec. 702.401.  WAIVER PROHIBITED.  A person, including a person who buys a health spa membership from a former member, may not waive a provision of this chapter by contract or other means.  A purported waiver of this chapter is void.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter I. Prohibited Practices › Section 702.402. Prohibited Acts

Sec. 702.402.  PROHIBITED ACTS.  (a)  A seller or certificate holder may not:
(1)  offer a special offer or discount to fewer than all prospective members of the health spa, except that a seller or certificate holder may offer a special group price or discount;  or
(2)  make a material misrepresentation to a member, prospective member, or purchaser regarding:
(A)  the qualifications of the health spa staff;
(B)  the availability, quality, or extent of the facilities or services of the health spa;
(C)  the results obtained through exercise, diet, weight control, or physical fitness conditioning programs;
(D)  membership rights;  or
(E)  the period during which a special offer or discount will be available.
(b)  A certificate holder may not:
(1)  fail or refuse to:
(A)  file or amend an application for registration as required by Subchapter C;
(B)  file or post, or maintain, the security required by Subchapter D;  or
(C)  deposit prepayments in an escrow account as required by Subchapter H;
(2)  advertise that the certificate holder is bonded by the state;  or
(3)  sell a membership plan that is not included in the list required by Section 702.302(a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter I. Prohibited Practices › Section 702.403. Application of Deceptive Trade Practices Act

Sec. 702.403.  APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.  (a)  A person who violates this chapter commits a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code.
(b)  A public or private right or remedy under Chapter 17, Business & Commerce Code, may be used to enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter I. Prohibited Practices › Section 702.404. Information Required in Advertisement

Sec. 702.404.  INFORMATION REQUIRED IN ADVERTISEMENT.  A health spa operator may not advertise in any print or electronic medium unless the advertisement includes the health spa operator's certificate of registration number or an identification number issued as provided by Section 702.301(b).
Added by Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter J. Administrative Enforcement and Disciplinary Actions › Section 702.451. Disciplinary Actions

Sec. 702.451.  DISCIPLINARY ACTIONS.  (a)  After notice and opportunity for hearing, the secretary of state may deny an application for a certificate of registration, or may permanently revoke a health spa operator's certificate of registration, on a finding by the secretary that the applicant or certificate holder:
(1)  provided false information on an application or other document filed with the secretary;
(2)  failed to file or post, or maintain, the security for each health spa location as required by Subchapter D; or
(3)  failed to provide the contract disclosure language required by Subchapter G.
(b)  The secretary of state may permanently revoke a certificate of registration under Subsection (a) based on the certificate holder's failure to maintain the required security only after a finding by the secretary that, within the 30-day period following the cancellation or lapse of the security, the certificate holder failed to file or post replacement security in the required amount.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter J. Administrative Enforcement and Disciplinary Actions › Section 702.452. Notice Requirement Before Health Spa Closing

Sec. 702.452.  NOTICE REQUIREMENT BEFORE HEALTH SPA CLOSING.  (a)  At least 30 days before the date a health spa is scheduled to close or relocate, the certificate holder shall contemporaneously:
(1)  post, inside and outside each entrance to the health spa, a notice stating:
(A)  the date the health spa is scheduled to close or relocate;
(B)  that a member of the health spa may, not later than the 90th day after the date notice of the closure or relocation is first posted on the secretary of state's Internet website, file with the secretary of state a claim to recover actual financial loss suffered by the member as a result of the health spa closing; and
(C)  the procedures for perfecting a security claim; and
(2)  notify the secretary of state in writing of the health spa closing or relocation and the date that the notice was first posted.
(b)  The notice posted under Subsection (a)(1) must be:
(1)  at least 8-1/2 by 11 inches in size; and
(2)  posted continuously for at least 30 days.
(c)   After receiving a notice under Subsection (a)(2) or otherwise discovering that a health spa is closed, the secretary of state shall post on the secretary of state's Internet website a notice containing the information specified in Subsection (a)(1).  The notice must be posted continuously for at least 30 days.
(d)  The secretary of state shall, not later than the 10th day after the date the secretary receives notice or otherwise discovers that a health spa is closed, notify the appropriate surety company or obligor of the administrative proceedings pending under Subsection (a)(1).
(e)  The notice required under Subsection (a) is not required in the case of a fire, flood, or act of God that is not within the reasonable control of a health spa.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 756, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 908 (H.B. 135), Sec. 9, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter K. Civil Remedy › Section 702.501. Filing of Suit; Venue

Sec. 702.501.  FILING OF SUIT;  VENUE.  (a)  A member may file suit against a seller if:
(1)  the seller violates this chapter;  and
(2)  the seller's violation causes injury to the member.
(b)  Venue for a suit filed under Subsection (a) is in a court located in:
(1)  Travis County;  or
(2)  the county in which:
(A)  the seller resides;
(B)  the seller's principal place of business is located;
(C)  the seller is doing business;
(D)  the member resides;  or
(E)  the transaction that is the subject of the suit occurred.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter K. Civil Remedy › Section 702.502. Statute of Limitations

Sec. 702.502.  STATUTE OF LIMITATIONS.  A member must file a suit under Section 702.501 not later than the later of:
(1)  the first anniversary of the date the attorney general or district or county attorney concludes a suit filed under Section 702.552;  or
(2)  the second anniversary of the date the seller's violation of this chapter is discovered.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter K. Civil Remedy › Section 702.503. Recovery

Sec. 702.503.  RECOVERY.  In a suit filed under Section 702.501, a court may award:
(1)  actual damages;
(2)  equitable relief;
(3)  punitive damages;  or
(4)  reasonable attorney's fees and court costs to the prevailing party.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter K. Civil Remedy › Section 702.504. Temporary Closing

Sec. 702.504.  TEMPORARY CLOSING.  For purposes of this subchapter, the closing of a health spa is not a violation of this chapter if the closing does not exceed one month and:
(1)  is a result of a natural disaster;  or
(2)  is to relocate the health spa not more than 10 miles from its location preceding the relocation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.551. Investigative and Enforcement Authority

Sec. 702.551.  INVESTIGATIVE AND ENFORCEMENT AUTHORITY.  (a)  The attorney general or a district or county attorney may:
(1)  investigate an alleged violation of this chapter;  and
(2)  enforce any penalty or remedy authorized by this chapter.
(b)  The attorney general, a district or county attorney, or the secretary of state may recover reasonable expenses, including court costs, attorney's fees, investigative costs, witness fees, and deposition expenses, incurred in obtaining an injunction or recovering a civil penalty under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.552. Suit for Enforcement

Sec. 702.552.  SUIT FOR ENFORCEMENT.  (a)  The attorney general or a district or county attorney may file suit against a person who violates, or threatens to violate, this chapter to:
(1)  obtain an injunction to enjoin the person from violating this chapter;  or
(2)  recover a civil penalty under Section 702.553.
(b)  Venue for a suit filed under this section is in a district court located in:
(1)  Travis County;  or
(2)  the county in which the defendant resides.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.553. Amount of Civil Penalty

Sec. 702.553.  AMOUNT OF CIVIL PENALTY.  (a)  Except as provided by Subsection (b) and Section 702.554, a person who violates this chapter is subject to a civil penalty in an amount not to exceed $1,000 for a single violation.
(b)  If more than one civil penalty is assessed against the same person, the total amount of civil penalties assessed may not exceed $25,000.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.554. Violation of Injunction

Sec. 702.554.  VIOLATION OF INJUNCTION.  (a)  The attorney general or a district or county attorney may file suit to recover a civil penalty against a person who violates an injunction issued under this subchapter in an amount not to exceed $25,000 for a single violation.  If more than one civil penalty is assessed against the same person, the total amount of civil penalties assessed under this section may not exceed $50,000.
(b)  Venue for a suit filed under this section is in the district court that issued the injunction that is the subject of the civil penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.555. Deposit in County Fund

Sec. 702.555.  DEPOSIT IN COUNTY FUND.  A civil penalty collected under this subchapter by a district or county attorney shall be deposited to the credit of the general fund of the county.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.556. Criminal Offense: Violation of Chapter

Sec. 702.556.  CRIMINAL OFFENSE:  VIOLATION OF CHAPTER.  (a)  A person commits an offense if the person knowingly operates, or attempts to operate, a health spa in violation of Subchapter C, D, or H.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.557. Criminal Offense: Interference With Investigation

Sec. 702.557.  CRIMINAL OFFENSE:  INTERFERENCE WITH INVESTIGATION.  (a)  A person commits an offense if with actual notice that the attorney general, or a district or county attorney, has initiated, or plans to initiate, an investigation under this chapter the person intentionally conceals, alters, destroys, or falsifies a document or record that is relevant or material to the investigation.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 702 - Health Spas › Subchapter L. Enforcement and Penalties › Section 702.558. Criminal Offense: Noncompliance With Subpoena or Investigative Demand

Sec. 702.558.  CRIMINAL OFFENSE:  NONCOMPLIANCE WITH SUBPOENA OR INVESTIGATIVE DEMAND.  (a)  A person commits an offense if, after receiving a subpoena or civil investigative demand issued under Section 17.61, Business & Commerce Code, the person intentionally falsifies or withholds relevant material, including a document or record, that is not privileged.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $2,000.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. General Provisions › Section 801.001. Short Title

Sec. 801.001.  SHORT TITLE.  This chapter may be cited as the Veterinary Licensing Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. General Provisions › Section 801.003. Application of Sunset Act

Sec. 801.003.  APPLICATION OF SUNSET ACT.  The State Board of Veterinary Medical Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished September 1, 2027.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 4.02(a), eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1103 (S.B. 1414), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. -1. Temporary Regulation by Texas Department of Licensing and Regulation › Section 801.021. Definitions

Sec. 801.021.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Texas Commission of Licensing and Regulation.
(2)  "Department" means the Texas Department of Licensing and Regulation.
Added by Acts 2023, 88th Leg., R.S., Ch. 1103 (S.B. 1414), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. -1. Temporary Regulation by Texas Department of Licensing and Regulation › Section 801.022. Temporary Administration of Chapter by Department; Rules

Sec. 801.022.  TEMPORARY ADMINISTRATION OF CHAPTER BY DEPARTMENT; RULES.  (a)  Notwithstanding any other law, the department shall assume all policy-making powers of the board and administer this chapter.  The department may contract as necessary to administer this chapter.
(b)  A power or duty granted to the board under this chapter is a power or duty of the executive director of the department, the department, or the commission, as applicable.
(c)  The commission or executive director of the department may delegate, or withdraw any delegation of, any power or duty under this chapter to the board or the executive director of the board.  The delegation or withdrawal of delegation must be in writing.
(d)  Except as provided by Section 801.024(c), the commission shall adopt all rules necessary to implement this chapter.
(e)  Not later than December 31, 2026, the department shall conduct a review under Section 2001.039, Government Code, of each rule under 22 T.A.C. Part 24.  In conducting the review under this subsection, the department shall ensure that license holders and the public have a meaningful opportunity to provide input and recommend changes to the rules.
(f)  The department shall propose necessary amendments to a rule, or the repeal of a rule, for which the department determines the board lacks a sufficient reason or authority to adopt or enforce.
(g)  For any rulemaking or contested case for which an expert witness is necessary, the commission or department, as applicable, may have a member of the board who is a veterinarian licensed in good standing in this state serve as the expert witness.
Added by Acts 2023, 88th Leg., R.S., Ch. 1103 (S.B. 1414), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. -1. Temporary Regulation by Texas Department of Licensing and Regulation › Section 801.023. Separation of Administrative Functions of Board

Sec. 801.023.  SEPARATION OF ADMINISTRATIVE FUNCTIONS OF BOARD.  (a)  The executive director of the department shall direct and may dismiss the executive director of the board.  The presiding officer of the commission shall appoint a replacement executive director of the board if necessary.
(b)  Subject to Subsection (a), the executive director of the board is responsible for the administration of financial services, human resources, and workforce development duties of the board, including:
(1)  accounts payable and accounts receivable;
(2)  budgeting, inventory, and asset management;
(3)  payroll;
(4)  personnel and labor issues;
(5)  purchasing;
(6)  recruitment, evaluation, selection, training, and promotion of personnel;
(7)  submitting required reports regarding finances, performance measures, strategic planning, legislative appropriations requests, operating budgets, and similar information as required by law;
(8)  legal support services, including responding to requests for public information; and
(9)  information technology and support.
(c)  If the department provides any of the functions listed in Subsection (b), the board shall reimburse the department for administrative costs incurred in providing those services.
Added by Acts 2023, 88th Leg., R.S., Ch. 1103 (S.B. 1414), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. -1. Temporary Regulation by Texas Department of Licensing and Regulation › Section 801.024. Advisory Board

Sec. 801.024.  ADVISORY BOARD.  (a)  Notwithstanding Subchapter D, the board is an advisory board to the department.
(b)  The board, the equine dental provider advisory committee, and any advisory committee appointed under Section 801.163 shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
(c)  The board shall adopt rules relating to the scope of practice of or a health-related standard of care for the practice of the profession of veterinary medicine.
(d)  The commission shall review each rule adopted under Subsection (c) and, if the commission determines that the rule is not authorized by this chapter or other law or is an unauthorized anticompetitive rule, issue an order stating that determination.  A rule for which an order is issued under this subsection may not take effect or be enforced.
Added by Acts 2023, 88th Leg., R.S., Ch. 1103 (S.B. 1414), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. -1. Temporary Regulation by Texas Department of Licensing and Regulation › Section 801.025. Conflict With Other Law

Sec. 801.025.  CONFLICT WITH OTHER LAW.  (a)  Notwithstanding Section 51.003, to the extent of any conflict between this chapter and Chapter 51, this chapter controls.
(b)  To the extent of any conflict between this subchapter and another provision of this chapter, this subchapter controls.
Added by Acts 2023, 88th Leg., R.S., Ch. 1103 (S.B. 1414), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter A. -1. Temporary Regulation by Texas Department of Licensing and Regulation › Section 801.026. Expiration

Sec. 801.026.  EXPIRATION.  This subchapter expires September 1, 2027.
Added by Acts 2023, 88th Leg., R.S., Ch. 1103 (S.B. 1414), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.051. Board; Membership

Sec. 801.051.  BOARD;  MEMBERSHIP.  (a)  The State Board of Veterinary Medical Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  five veterinarian members, including:
(A)  one veterinarian member who is associated with an animal shelter; and
(B)  one veterinarian member who has at least three years of experience practicing veterinary medicine in this state on horses, livestock, or other large animals;
(2)  one licensed veterinary technician member; and
(3)  three members who represent the public.
(b)  The board may include not more than one veterinarian member who is a faculty member of a college of veterinary medicine.
(c)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.052. Membership Eligibility

Sec. 801.052.  MEMBERSHIP ELIGIBILITY.  (a)  A person is eligible for appointment as a veterinarian member of the board if the person:
(1)  has resided and practiced veterinary medicine in this state for the six years preceding the date of appointment;
(2)  is of good repute;  and
(3)  is not the holder of a special license issued under Section 801.256.
(b)  A person is not eligible for appointment as a public member of the board if the person:
(1)  is licensed by an occupational regulatory agency in the field of health care;
(2)  is employed by or participates in the management of a business entity or other organization that:
(A)  provides health care services;
(B)  sells, manufactures, or distributes health care supplies or equipment; or
(C)  is regulated by or receives funds from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization that:
(A)  provides health care services;
(B)  sells, manufactures, or distributes health care supplies or equipment; or
(C)  is regulated by or receives funds from the board; or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(c)  A person is not eligible for appointment as a public member of the board if the person's spouse:
(1)  is licensed by an occupational regulatory agency in the field of veterinary medicine;
(2)  is employed by or participates in the management of a business entity or other organization that:
(A)  provides veterinary health care services;
(B)  sells, manufactures, or distributes veterinary health care supplies or equipment; or
(C)  is regulated by or receives funds from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization that:
(A)  provides veterinary health care services;
(B)  sells, manufactures, or distributes veterinary health care supplies or equipment; or
(C)  is regulated by or receives funds from the board; or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.053. Membership and Employee Restrictions

Sec. 801.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be an employee of the board employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of veterinary medicine.
(c)   A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.054. Terms; Vacancy

Sec. 801.054.  TERMS;  VACANCY.  (a)  Members of the board are appointed for staggered six-year terms.
(b)  If a vacancy occurs because of the death or resignation of a board member, the governor shall appoint a replacement to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.055. Officers

Sec. 801.055.  OFFICERS.  (a)  The governor shall designate a veterinarian member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.
(b)  At the first meeting of the board each year, the board shall elect from its members any other officer the board considers necessary or convenient.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 4, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 259 (S.B. 1850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.056. Grounds for Removal

Sec. 801.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 801.052;
(2)  does not maintain during service on the board the qualifications required by Section 801.052;
(3)  is ineligible for membership under Section 801.052 or 801.053;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.057. Training

Sec. 801.057.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons in a profession or business the board regulates;
(B)  restrict advertising by persons in a profession or business the board regulates;
(C)  affect the price of goods or services provided by persons in a profession or business the board regulates; or
(D)  restrict participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the board shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each board member.  On receipt of the training manual, each board member shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 6, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.058. Per Diem; Reimbursement

Sec. 801.058.  PER DIEM;  REIMBURSEMENT.  A board member is entitled to receive:
(1)  a per diem, as set by legislative appropriation, for each day that the member engages in board business;  and
(2)  reimbursement for travel expenses, as prescribed by the General Appropriations Act, including expenses for meals and lodging.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter B. State Board of Veterinary Medical Examiners › Section 801.059. Oath of Office

Sec. 801.059.  OATH OF OFFICE.  Before assuming the duties of office, each board member shall file with the secretary of state a signed copy of the constitutional oath of office taken by the member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter C. Executive Director and Personnel › Section 801.101. Executive Director

Sec. 801.101.  EXECUTIVE DIRECTOR.  The board may employ an executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter C. Executive Director and Personnel › Section 801.102. Certain Duties of Executive Director

Sec. 801.102.  CERTAIN DUTIES OF EXECUTIVE DIRECTOR.  (a)  The executive director is responsible for:
(1)  safekeeping the money collected under this chapter;  and
(2)  properly disbursing the veterinary fund account established by this chapter.
(b)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(39).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 25, 31(39), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter C. Executive Director and Personnel › Section 801.103. Personnel

Sec. 801.103.  PERSONNEL.  The board may employ personnel to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter C. Executive Director and Personnel › Section 801.104. Division of Responsibilities

Sec. 801.104.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter C. Executive Director and Personnel › Section 801.105. Qualifications and Standards of Conduct Information

Sec. 801.105.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The board shall provide as often as necessary to its members and employees information regarding their:
(1)  qualifications for office or employment under this chapter;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter C. Executive Director and Personnel › Section 801.106. Career Ladder Program; Performance Evaluations

Sec. 801.106.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay authorized by the executive director must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter C. Executive Director and Personnel › Section 801.107. Equal Employment Opportunity Policy; Report

Sec. 801.107.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel, that are in compliance with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the board workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of the significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must be:
(1)  prepared to cover an annual period;
(2)  updated annually;
(3)  reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as part of other biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter D. Board Powers and Duties › Section 801.151. Rules

Sec. 801.151.  RULES.  (a)  The board may adopt rules as necessary to administer this chapter.
(b)  The board may adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medicine profession.
(c)  The board shall adopt rules to:
(1)  protect the public;
(2)  ensure that alternate therapies, including ultrasound diagnosis and therapy, magnetic field therapy, holistic medicine, homeopathy, chiropractic treatment, acupuncture, and laser therapy, are performed only by a veterinarian or under the supervision of a veterinarian;
(3)  ensure that equine dentistry is performed only by a veterinarian who is active and in good standing or by a licensed equine dental provider who is active and in good standing under the appropriate level of supervision of a veterinarian who is active and in good standing and who has established a veterinarian-client-patient relationship with the owner or other caretaker of an animal in accordance with Section 801.351; and
(4)  provide for the licensing and regulation of licensed veterinary technicians.
(d)  The board may adopt rules regarding the work of a person who  works under the supervision of a veterinarian.
(e)  The board shall adopt rules to implement a jurisprudence examination for licensed equine dental providers and licensed veterinary technicians, including rules relating to the development and administration of the examination, examination fees, guidelines for reexamination, examination grading, and provision of notice of examination results.
(f)  The board may not adopt rules that unreasonably restrict the selection by the owner or other caretaker of an animal of a licensed equine dental provider who is in good standing to provide equine dental services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 481 (S.B. 1312), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter D. Board Powers and Duties › Section 801.152. Exceptions to Rule

Sec. 801.152.  EXCEPTIONS TO RULE.  (a)  The board may consider an exception to a rule adopted by the board on the request of a person subject to board regulation.
(b)  After notice and hearing, the board may approve an exception to a board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.