reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 792 - Smoke Detectors in Hotels › Section 792.002. Smoke Detectors in Hotels; Criminal Penalty

Sec. 792.002.  SMOKE DETECTORS IN HOTELS;  CRIMINAL PENALTY.  (a)  A person who operates a hotel commits an offense if the person:
(1)  does not maintain a smoke detector in good working order in every room of the hotel that is regularly used for sleeping;
(2)  does not maintain smoke detectors for hearing-impaired persons as prescribed by Subsection (b);  or
(3)  does not comply with the requirements of Subsection (c) if a hotel patron requests a room with a smoke detector for hearing-impaired persons.
(b)  A person who operates a hotel shall maintain one smoke detector for hearing-impaired persons for each 60, or fraction of 60, rooms of the hotel that are regularly used for sleeping, except that the operator is not required to maintain more than five smoke detectors for hearing-impaired persons.
(c)  If a hotel patron requests a room with a smoke detector for hearing-impaired persons, the operator of the hotel shall:
(1)  assign the patron to a room in which a hard-wired smoke detector for hearing-impaired persons has been properly installed;  or
(2)  install in the patron's room a portable smoke detector for hearing-impaired persons using a receptacle that cannot be controlled by a wall switch.
(d)  An offense under this section is a Class B misdemeanor.
(e)  A person commits a separate offense under this section on each calendar day the person commits the offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 792 - Smoke Detectors in Hotels › Section 792.003. Smoke Detector List

Sec. 792.003.  SMOKE DETECTOR LIST.  (a)  To qualify for use under this chapter, a smoke detector must be listed by the state fire marshal after the device has been tested and shown to be effective by the state fire marshal or by a testing laboratory under conditions and procedures approved by the state fire marshal.
(b)  In lieu of or in addition to the list made under Subsection (a), the state fire marshal may substitute or use a list of devices that comply with standards of manufacture and installation adopted under Article 5.43-2, Insurance Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 9, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 793 - Disabling Fire Exit Alarms › Section 793.001. Definitions

Sec. 793.001.  DEFINITIONS.  In this chapter:
(1)  "Fire exit" means a door, window, or other means of egress from a building that has been expressly designated as a fire escape or emergency exit by a sign, light, or other device located on or in the immediate vicinity of the fire escape or exit.
(2)  "Fire exit alarm" means a device designed to sound an alarm when a fire exit is opened or an attempt to open a fire exit is made.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 793 - Disabling Fire Exit Alarms › Section 793.002. Criminal Penalty

Sec. 793.002.  CRIMINAL PENALTY.  (a)  A person commits an offense if:
(1)  the person intentionally or knowingly causes a fire exit alarm to fail to sound an alarm;  and
(2)  the person is not authorized to do so by a person having lawful custody or control of the building or the part of the building in which the fire exit is located.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 795 - Use of Certain Fire Trucks › Section 795.001. Definition

Sec. 795.001.  DEFINITION.  In this chapter, "fire department" means:
(1)  a volunteer fire department;  or
(2)  a department of a municipality, county, or special district or authority that provides fire-fighting services.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 279, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 795 - Use of Certain Fire Trucks › Section 795.002. Good and Dependable Condition Required

Sec. 795.002.  GOOD AND DEPENDABLE CONDITION REQUIRED.  (a)  This chapter applies only to a fire truck in a good and dependable operating condition.  A fire truck is considered to be in a good and dependable operating condition if:
(1)  the truck complies with the standards established by or under state law for the operating condition of a fire truck;  and
(2)  the fire department that uses the truck has secured certification by an underwriters laboratory that meets NATIONAL FIRE PROTECTION STANDARDS 1901.
(b)  A fire truck may not be considered to be in a condition other than a good and dependable operating condition solely because the truck is 25 years old or older.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 279, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 795 - Use of Certain Fire Trucks › Section 795.003. Certain Restrictions Involving Age of Fire Truck Prohibited

Sec. 795.003.  CERTAIN RESTRICTIONS INVOLVING AGE OF FIRE TRUCK PROHIBITED.  A contract, including any form of an insurance contract, or an order, ordinance, rule, or similar decree of a local government or state agency may not:
(1)  restrict a fire department from using a fire truck that is 25 years old or older;  or
(2)  prevent any benefit from being claimed because the claim arises out of circumstances in which a fire truck that is 25 years old or older is used.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 279, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.001. Definitions

Sec. 796.001.  DEFINITIONS.  In this chapter:
(1)  "Agent" means a person licensed by the comptroller to purchase and affix adhesive or meter stamps on packages of cigarettes.
(2)  "Cigarette" means a roll for smoking:
(A)  that is made of tobacco or tobacco mixed with another ingredient and wrapped or covered with a material other than tobacco; or
(B)  that is wrapped in any substance containing tobacco that, because of the roll's appearance, the type of tobacco used in the filler, or the roll's packaging and labeling, is likely to be offered to or purchased by a consumer as a cigarette.
(3)  "Manufacturer" means:
(A)  a person that manufactures or otherwise produces cigarettes for sale in this state, including cigarettes intended to be sold through an importer; or
(B)  the first purchaser that intends to resell in this state cigarettes manufactured anywhere that the original manufacturer does not intend to be sold in this state.
(4)  "Retailer" means a person, other than a wholesale dealer, engaged in selling cigarettes or tobacco products.
(5)  "Sale" means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement.  The term includes, in addition to sales using cash or credit, the giving of a cigarette as a sample, prize, or gift and the exchange of a cigarette for any consideration other than money.
(6)  "Sell" means to sell or to offer or agree to sell.
(7)  "Wholesale dealer" means a person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, including a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in premises owned or occupied by another person.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.002. Requirements for Sale of Cigarette

Sec. 796.002.  REQUIREMENTS FOR SALE OF CIGARETTE.  A cigarette may not be sold or offered for sale in this state unless:
(1)  the cigarette has been tested in accordance with Section 796.003;
(2)  the cigarette meets the performance standard under Section 796.003;
(3)  a written certification has been filed by the manufacturer with the state fire marshal in accordance with Section 796.005; and
(4)  the cigarette has been marked in accordance with Section 796.006.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.004. Alternative Test Methods

Sec. 796.004.  ALTERNATIVE TEST METHODS.  (a)  A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with Section 796.003 shall propose a test method and performance standard for the cigarette to the state fire marshal.  If the state fire marshal determines that the performance standard proposed by the manufacturer is equivalent to the performance standard under Section 796.003, the manufacturer may use the proposed test method.
(b)  Unless the state fire marshal demonstrates a reasonable basis why an alternative test should not be accepted under this chapter, the state fire marshal shall authorize a manufacturer to employ the alternative test method and performance standard to certify a cigarette for sale in this state if the state fire marshal:
(1)  determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter; and
(2)  finds that the officials responsible for implementing those requirements have approved an alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.005. Certification

Sec. 796.005.  CERTIFICATION.  (a)  Before a cigarette may be sold or offered for sale in this state, the cigarette's manufacturer must certify in writing to the state fire marshal that the cigarette has been tested in accordance with and meets the performance standard in Section 796.003 or 796.004.
(b)  A certification filed under this section must include the following information:
(1)  brand or trade name on the package;
(2)  style, such as light or ultra light;
(3)  length in millimeters;
(4)  circumference in millimeters;
(5)  flavor, such as menthol or chocolate, if applicable;
(6)  filter or nonfilter;
(7)  package description, such as soft pack or box;
(8)  marking approved in accordance with Section 796.006;
(9)  the name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test; and
(10)  the date that the testing occurred.
(c)  The state fire marshal shall retain a copy of a certification and provide a copy to the comptroller to ensure compliance with this chapter.
(d)  A cigarette certified under this section shall be recertified every three years.
(e)  For each cigarette included in a certification, a manufacturer shall pay to the state fire marshal a fee in the amount of $250, to be deposited only to the Texas Department of Insurance operating account in the general revenue fund.
(f)  A cigarette certified under this section that is altered by the manufacturer in a way likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter may not be sold or offered for sale in this state unless the manufacturer retests the cigarette in accordance with Section 796.003 or 796.004 and maintains the records required by Section 796.007.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.006. Marking of Package

Sec. 796.006.  MARKING OF PACKAGE.  (a)  A manufacturer shall mark, in eight-point or larger type, cigarettes certified by the manufacturer in accordance with Section 796.005 to indicate compliance with the requirements of Section 796.003.  The marking must consist of:
(1)  modification of the product Universal Product Code to include a visible mark printed at or around the area of the Universal Product Code and permanently stamped, engraved, embossed, or printed in conjunction with the Universal Product Code;
(2)  a visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(3)  other printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this chapter.
(b)  A manufacturer shall present its proposed marking to the state fire marshal for approval.  Proposed markings are considered approved if the state fire marshal fails to disapprove the proposed markings on or before the 10th business day after the date the proposed markings are received.  The state fire marshal must approve a marking:
(1)  in use and approved for sale in another state; or
(2)  with the letters "FSC" for Fire Standards Compliant appearing in eight-point or larger type and permanently printed, stamped, engraved, or embossed on the package at or near the Universal Product Code.
(c)  A manufacturer shall use only one type of marking and shall apply the marking uniformly to all packages, including packs, cartons, and cases, and brands marketed by the manufacturer in this state.
(d)  A manufacturer may not modify its approved marking unless the state fire marshal has approved the modification.
(e)  A manufacturer shall provide sufficient copies of an illustration of the package marking to a wholesale dealer and agent to which the manufacturer sells cigarettes and provide sufficient copies of an illustration of the package marking used by the manufacturer under this section for each retailer to which the wholesale dealers or agents will sell cigarettes.  A wholesale dealer and an agent shall provide a copy of package markings received from a manufacturer to a retail dealer to which the wholesale dealer or agent sells cigarettes.  A wholesale dealer, agent, and retail dealer shall permit the state fire marshal, the comptroller, and the attorney general to inspect markings of cigarette packaging marked in accordance with this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.007. Manufacturer Records and Reporting

Sec. 796.007.  MANUFACTURER RECORDS AND REPORTING.  (a)  A manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for the previous three years and shall make copies of the reports available to the state fire marshal on the state fire marshal's written request.
(b)  A manufacturer that fails to make copies of the reports available not later than 60 days after the date the manufacturer receives a written request shall be subject to a civil penalty, imposed as provided by Section 796.010, in an amount not to exceed $10,000 per violation.  Each day that the manufacturer does not make the copies available is a separate violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.008. Rules

Sec. 796.008.  RULES.  The state fire marshal may adopt rules to administer this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.009. Inspection

Sec. 796.009.  INSPECTION.  (a)  The state fire marshal may inspect the records and the stock of cigarettes of a person who manufactures, stores, or sells cigarettes to establish whether the person is complying with this chapter.
(b)  The comptroller may, in the course of an inspection under Chapter 154, Tax Code, inspect cigarettes for a marking required under Section 796.006 and report the comptroller's findings to the state fire marshal.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.010. Civil Penalty; Injunction

Sec. 796.010.  CIVIL PENALTY; INJUNCTION.  (a)  A person who knowingly violates this chapter or a rule adopted under this chapter is subject to a civil penalty in the following amounts:
(1)  if the person is a manufacturer, wholesale dealer, or agent knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $100,000 for all violations occurring within a 30-day period;
(2)  if the person is a retailer knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $25,000 for all violations occurring within a 30-day period;
(3)  if the person knowingly makes a false certification under Section 796.005, a civil penalty not to exceed $75,000 for a first violation or $250,000 for a second or subsequent violation; and
(4)  if the person violates another provision of this chapter, other than Section 796.007(b), or another rule adopted under this chapter, a civil penalty not to exceed $1,000 for a first violation or $5,000 for a second or subsequent violation.
(b)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the attorney general, as determined by the attorney general or on request of the state fire marshal, may bring a civil action in a district court for:
(1)  injunctive relief to restrain the person from continuing the violation or threat of violation;
(2)  the assessment of a civil penalty; or
(3)  both injunctive relief and a civil penalty.
(c)  A cigarette sold or offered for sale in violation of this chapter is subject to forfeiture under Chapter 154, Tax Code, except that before a forfeited cigarette may be destroyed, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette.
(d)  A civil penalty collected under this section shall be deposited to the credit of the fire prevention and public safety account.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.011. Fire Prevention and Public Safety Account

Sec. 796.011.  FIRE PREVENTION AND PUBLIC SAFETY ACCOUNT.  (a)  The fire prevention and public safety account is a separate account in the general revenue fund.
(b)  The account consists of civil penalties collected under Section 796.010.
(c)  Money in the account may be appropriated only to the state fire marshal to support fire safety and prevention programs.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.012. Sale Outside of Texas

Sec. 796.012.  SALE OUTSIDE OF TEXAS.  This chapter does not prohibit a person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if:
(1)  the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States; and
(2)  the person has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.013. Interpretation

Sec. 796.013.  INTERPRETATION.  This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform this chapter with the laws of those states that have enacted reduced cigarette ignition propensity laws.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.014. Consumer Testing

Sec. 796.014.  CONSUMER TESTING.  This chapter does not prohibit the sale of a cigarette solely for the purpose of the cigarette's assessment conducted by a manufacturer, or under the control and direction of a manufacturer, to evaluate consumer acceptance of the cigarette by using only the quantity of cigarettes that is reasonably necessary for the assessment.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.015. Local Regulation

Sec. 796.015.  LOCAL REGULATION.  A political subdivision of this state may not adopt or enforce any ordinance or other regulation conflicting with, or preempted by, any provision of this chapter or with any policy of this state expressed by this chapter, whether that policy be expressed by inclusion of a provision in the chapter or by exclusion of that subject from the chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.016. Federal Regulation

Sec. 796.016.  FEDERAL REGULATION.  On and after the date that a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective, this chapter has no effect.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 796 - Cigarette Fire Safety Standards › Section 796.017. Reports

Sec. 796.017.  REPORTS.  Not later than January 1 of each odd-numbered year, the state fire marshal shall:
(1)  review the effectiveness of this chapter;
(2)  submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate committees of the legislature on the state fire marshal's administration of this chapter; and
(3)  make recommendations to improve the effectiveness of this chapter, if appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch. 909 (H.B. 2935), Sec. 1, eff. January 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 797 - Portable Fire Extinguishers › Section 797.001. Definitions

Sec. 797.001.  DEFINITIONS.  In this chapter:
(1)  "NFPA" means the National Fire Protection Association.
(2)  "Portable fire extinguisher" means a device that contains liquid, powder, or gases for suppressing or extinguishing fires.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1004 (H.B. 2447), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle C - Fire › Chapter 797 - Portable Fire Extinguishers › Section 797.002. Portable Fire Extinguishers

Sec. 797.002.  PORTABLE FIRE EXTINGUISHERS.  A person may not use the term "portable fire extinguisher" or "fire extinguisher" in the sale or advertisement of an aerosol fire suppression device or similar fire suppression device unless the device conforms to NFPA Standard 10 (2010), "Standard for Portable Fire Extinguishers," or a successor standard adopted by the commissioner of insurance that is at least as stringent as the NFPA Standard 10, and is specifically listed for that use by a testing laboratory approved by the Texas Department of Insurance.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1004 (H.B. 2447), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.001. Definitions

Sec. 810.001.  DEFINITIONS.  In this chapter:
(1)  "Client" means a child, an individual with a disability, or an elderly individual receiving services or care from a participating state agency, a designated user, or a facility or entity that is licensed, certified, or otherwise regulated by a participating state agency.
(2)  "Department" means the Department of Information Resources.
(3)  "Designated user" means a person designated by the department or a participating state agency under Section 810.004 to use the search engine.
(4)  "License" has the meaning assigned by Section 2001.003, Government Code.
(5)  "Participating state agency" means a state agency listed in Section 810.002.
(6)  "Reportable conduct" means a participating state agency's determination:
(A)  that an individual engaged in abuse, neglect, exploitation, or misconduct; and
(B)  for which the agency has:
(i)  provided any required notice or opportunity to contest the determination; and
(ii)  issued a final determination.
(7)  "Search engine" means the interagency reportable conduct search engine established under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.002. Applicability

Sec. 810.002.  APPLICABILITY.  This chapter applies to the following state agencies:
(1)  the Department of Family and Protective Services;
(2)  the Health and Human Services Commission;
(3)  the Texas Education Agency; and
(4)  the Texas Juvenile Justice Department.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.003. Establishment of Interagency Reportable Conduct Search Engine

Sec. 810.003.  ESTABLISHMENT OF INTERAGENCY REPORTABLE CONDUCT SEARCH ENGINE.  (a)  The department, in collaboration with each participating state agency, shall establish an interagency reportable conduct search engine for persons to search information on reportable conduct in accordance with this chapter and rules adopted under this chapter maintained by:
(1)  the Department of Family and Protective Services in the central registry established under Section 261.002, Family Code;
(2)  the Health and Human Services Commission in the employee misconduct registry established under Chapter 253;
(3)  the Texas Education Agency in the registry established under Section 22.092, Education Code; and
(4)  the Texas Juvenile Justice Department in the integrated certification information system and in any informal list the Texas Juvenile Justice Department maintains.
(b)  The department shall ensure the search engine results are machine-readable and accessible to each participating state agency and designated users in accordance with this chapter for the purpose of identifying individuals who may be ineligible for employment, a contract, certification, or licensure based on reportable conduct.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.005. Information Accessible Through Search Engine; Additional Information Sharing

Sec. 810.005.  INFORMATION ACCESSIBLE THROUGH SEARCH ENGINE; ADDITIONAL INFORMATION SHARING.  (a)  For each individual identified by a participating state agency as having engaged in reportable conduct, the search engine results for that individual must include:
(1)  the individual's full name;
(2)  at least one of the following:
(A)  the individual's date of birth; or
(B)  the last four digits of the individual's social security number;
(3)  at least one of the following:
(A)  information relevant to determining whether the individual is eligible for employment, a contract, certification, or licensure; or
(B)  the type or a description of the reportable conduct;
(4)  any available date on which:
(A)  the reportable conduct occurred; or
(B)  a final determination was issued on the reportable conduct; and
(5)  the participating state agency that maintains the reportable conduct information.
(b)  An individual who engaged in reportable conduct that requires the individual's inclusion in search engine results is not entitled to notice or an opportunity for a hearing before the individual's information is included in the search engine results or shared with the department, a participating state agency, or a designated user in accordance with this chapter and rules adopted under this chapter.
(c)  A participating state agency may share with other participating agencies additional information on an individual included in search engine results to supplement the information contained in those results for purposes authorized under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.006. Required Search Query and Use of Search Engine Results

Sec. 810.006.  REQUIRED SEARCH QUERY AND USE OF SEARCH ENGINE RESULTS.  (a)  Each participating state agency and designated user shall conduct a search query using the search engine to determine whether an individual who may have access to a client has engaged in reportable conduct and, if the individual has engaged in reportable conduct, whether the individual is ineligible for:
(1)  employment, a volunteer position, or a contract with the agency, the user, or a facility or entity licensed, certified, or otherwise regulated by the agency; or
(2)  licensure or certification by the agency in a profession or for the operation of a facility or entity that the agency regulates.
(b)  A participating state agency's or designated user's determination under Subsection (a) that an individual is ineligible for employment, a volunteer position, a contract, a license, or a certification must be based on standards authorized or required by law, including agency rules.
(c)  A participating state agency or designated user must conduct a search query required under Subsection (a) before the agency or user employs, places in a volunteer position, enters into a contract with, or issues a license or certification to an individual.  Each participating state agency by rule shall establish procedures for conducting periodic search queries using the search engine to monitor whether an individual the agency or a designated user employs, places in a volunteer position, contracts with, or issues a license or certification to engages in reportable conduct.
(d)  Each participating state agency, including the Texas Education Agency in collaboration with the State Board for Educator Certification, by rule may:
(1)  authorize an individual who is determined to have engaged in reportable conduct to be employed or placed in a volunteer position by, enter into a contract with, or receive a license or certification from the agency or a designated user in accordance with standards prescribed by agency rules and as otherwise permitted by law; and
(2)  prescribe the manner in which information contained in search engine results may be used based on:
(A)  the nature of the reportable conduct;
(B)  the date the reportable conduct occurred;
(C)  the severity of the reportable conduct; and
(D)  any other factors the agency determines necessary.
(e)  Notwithstanding any provision of this chapter, a private school is not required to conduct search queries using the search engine for the purposes described by this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.007. Notice and Hearing

Sec. 810.007.  NOTICE AND HEARING.  (a)  A participating state agency or designated user that does not enter into a contract with or issue a license or certification to an individual based on a determination of the individual's ineligibility under Section 810.006 shall notify the individual of that determination.
(b)  Each participating state agency may provide an individual to whom notice is provided under this section an opportunity for a hearing regarding the determination of the individual's ineligibility under Section 810.006 on the individual's written request.  The hearing must be conducted in accordance with Chapter 2001, Government Code.
(c)  Notwithstanding any other law, in a hearing conducted under this section a participating state agency:
(1)  is not required to prove that an individual engaged in reportable conduct; and
(2)  must prove by a preponderance of the evidence that an individual is ineligible under Section 810.006.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.008. Office of Interagency Coordination on Reportable Conduct

Sec. 810.008.  OFFICE OF INTERAGENCY COORDINATION ON REPORTABLE CONDUCT.  (a)  The Office of Interagency Coordination on Reportable Conduct is established within the Department of Family and Protective Services to facilitate:
(1)  coordination among the department and each participating state agency in administering this chapter; and
(2)  communication between the department, each participating state agency, designated users, interested persons, and the public regarding any relevant search engine information.
(b)  The Department of Family and Protective Services, in collaboration with the department and each other participating state agency, shall adopt rules on the establishment and operation of the Office of Interagency Coordination on Reportable Conduct.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.009. Memorandum of Understanding

Sec. 810.009.  MEMORANDUM OF UNDERSTANDING.  The department and each participating state agency shall enter into a memorandum of understanding on the implementation and administration of this chapter.  The memorandum must specify each agency's roles and duties with respect to establishing and maintaining the search engine.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle D - Interagency Safety Initiatives › Chapter 810 - Interagency Reportable Conduct Search Engine › Section 810.010. Confidentiality

Sec. 810.010.  CONFIDENTIALITY.  Information contained in search engine results and additional information shared by a participating state agency under Section 810.005(c), including documents, is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter A. Treatment of Animals › Section 821.001. Definition

Sec. 821.001.  DEFINITION.  In this subchapter, "animal" includes every living nonhuman creature.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1593, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter A. Treatment of Animals › Section 821.002. Treatment of Impounded Animals

Sec. 821.002.  TREATMENT OF IMPOUNDED ANIMALS.  (a)  A person who impounds or causes the impoundment of an animal under state law or municipal ordinance shall supply the animal with sufficient wholesome food and water during its confinement.
(b)  If an animal impounded under Subsection (a) continues to be without necessary food and water for more than 12 successive hours, any person may enter the pound or corral as often as necessary to supply the animal with necessary food and water.  That person may recover the reasonable cost of the food and water from the owner of the animal.  The animal is not exempt from levy and sale on execution of a judgment issued to recover those costs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter A. Treatment of Animals › Section 821.003. Treatment of Live Birds

Sec. 821.003.  TREATMENT OF LIVE BIRDS.  (a)  This section applies to a person who receives live birds for transportation or for confinement:
(1)  on wagons or stands;
(2)  by a person who owns a grocery store, commission house, or other market house;  or
(3)  by any other person if the birds are to be closely confined.
(b)  The person shall immediately place the birds in coops, crates, or cages that are made of open slats or wire on at least three sides and that are of a height so that the birds can stand upright without touching the top.
(c)  The person shall keep clean water and suitable food in troughs or other receptacles in the coops, crates, or cages.  The troughs or other receptacles must be easily accessible to the confined birds and must be placed so that the birds cannot defile their contents.
(d)  The person shall keep the coops, crates, or cages in a clean and wholesome condition and may place in each coop, crate, or cage only the number of birds that have room to move around and to stand without crowding each other.
(e)  The person may not expose the birds to undue heat or cold and shall immediately remove all injured, diseased, or dead birds from the coops, crates, or cages.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter A. Treatment of Animals › Section 821.004. Knowledge or Acts of Corporate Agent or Employee

Sec. 821.004.  KNOWLEDGE OR ACTS OF CORPORATE AGENT OR EMPLOYEE.  The knowledge and acts of an agent or employee of a corporation in regard to an animal transported, owned, or used by or in the custody of the corporation are the knowledge and acts of the corporation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter B. Disposition of Cruelly Treated Animals › Section 821.021. Definitions

Sec. 821.021.  DEFINITIONS.  In this subchapter:
(1)  "Cruelly treated" includes tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confined, caused to fight with another animal, or subjected to conduct prohibited by Section 21.09, Penal Code.
(2)  "Nonprofit animal welfare organization" means a nonprofit organization that has as its purpose:
(A)  the prevention of cruelty to animals; or
(B)  the sheltering of, caring for, and providing homes for lost, stray, and abandoned animals.
(3)  "Owner" includes a person who owns or has custody or control of an animal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1278 (H.B. 963), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter B. Disposition of Cruelly Treated Animals › Section 821.0211. Additional Definition

Text of section effective until January 01, 2025
Sec. 821.0211.  ADDITIONAL DEFINITION.  In this subchapter, "magistrate" means any officer as defined in Article 2.09, Code of Criminal Procedure, except that the term does not include justices of the supreme court, judges of the court of criminal appeals, or courts of appeals, judges or associate judges of statutory probate courts, or judges or associate judges of district courts that give preference to family law matters or family district courts under Subchapter D, Chapter 24, Government Code.
Acts 2003, 78th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 10, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.126, eff. January 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter B. Disposition of Cruelly Treated Animals › Section 821.0211. Additional Definition

Text of section effective on January 01, 2025
Sec. 821.0211.  ADDITIONAL DEFINITION.  In this subchapter, "magistrate" means any officer as defined in Article 2A.151, Code of Criminal Procedure, except that the term does not include justices of the supreme court, judges of the court of criminal appeals, or courts of appeals, judges or associate judges of statutory probate courts, or judges or associate judges of district courts that give preference to family law matters or family district courts under Subchapter D, Chapter 24, Government Code.
Acts 2003, 78th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 10, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.126, eff. January 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter B. Disposition of Cruelly Treated Animals › Section 821.022. Seizure of Cruelly Treated Animal

Sec. 821.022.  SEIZURE OF CRUELLY TREATED ANIMAL.  (a)  If a peace officer or an officer who has responsibility for animal control in a county or municipality has reason to believe that an animal has been or is being cruelly treated, the officer may apply to a justice court or magistrate in the county or to a municipal court in the municipality in which the animal is located for a warrant to seize the animal.
(b)  On a showing of probable cause to believe that the animal has been or is being cruelly treated, the court or magistrate shall issue the warrant and set a time within 10 calendar days of the date of issuance for a hearing in the appropriate justice court or municipal court to determine whether the animal has been cruelly treated.
(c)  The officer executing the warrant shall cause the animal to be impounded and shall give written notice to the owner of the animal of the time and place of the hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 1, eff. June 7, 1991;  Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter B. Disposition of Cruelly Treated Animals › Section 821.024. Sale or Disposition of Cruelly Treated Animal

Sec. 821.024.  SALE OR DISPOSITION OF CRUELLY TREATED ANIMAL.  (a)  Notice of an auction ordered under this subchapter must be posted on a public bulletin board where other public notices are posted for the county or municipality.  At the auction, a bid by the former owner of a cruelly treated animal or the owner's representative may not be accepted.
(b)  Proceeds from the sale of the animal shall be applied first to any costs owed by the former owner under Section 821.023(e). The officer conducting the auction shall pay any excess proceeds to the justice or municipal court ordering the auction.  The court shall return the excess proceeds to the former owner of the animal.
(c)  If the officer is unable to sell the animal at auction, the officer may cause the animal to be humanely destroyed or may give the animal to a municipal or county animal shelter or a nonprofit animal welfare organization.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 2, eff. June 7, 1991;  Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1278 (H.B. 963), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter B. Disposition of Cruelly Treated Animals › Section 821.025. Appeal

Sec. 821.025.  APPEAL.  (a)  An owner divested of ownership of an animal under Section 821.023 may appeal the order to a county court or county court at law in the county in which the justice or municipal court is located.
(b)  As a condition of perfecting an appeal, not later than the 10th calendar day after the date the order is issued, the owner must file a notice of appeal and a cash bond or surety bond in an amount set by the court under Section 821.023(e-2).
(c)  Not later than the fifth calendar day after the date the notice of appeal and bond is filed, the court from which the appeal is taken shall deliver a copy of the clerk's record to the clerk of the county court or county court at law to which the appeal is made.
(d)  Not later than the 10th calendar day after the date the county court or county court at law, as appropriate, receives a copy of the clerk's record, the court shall consider the matter de novo and dispose of the appeal.  A party to the appeal is entitled to a jury trial on request.
(e)  The decision of the county court or county court at law under this section is final and may not be further appealed.
(f)  Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal.
(g)  Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section.
(h)  While an appeal under this section is pending, the animal may not be:
(1)  sold or given away as provided by Sections 821.023 and 821.024; or
(2)  destroyed, except under circumstances which would require the humane destruction of the animal to prevent undue pain to or suffering of the animal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 11(a), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1278 (H.B. 963), Sec. 4, eff. September 1, 2011.