reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter F. Records › Section 716.251. Crematory Establishment Records

Sec. 716.251.  CREMATORY ESTABLISHMENT RECORDS.  (a)  A crematory establishment shall maintain a record at its place of business of each cremation.  The record must contain:
(1)  the name of the deceased person;
(2)  the date of the cremation;
(3)  the final disposition of the cremated remains;  and
(4)  any other document required by this chapter.
(b)  A record must be kept on file at least until the fifth anniversary of the cremation.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter G. Disposition of Remains › Section 716.301. Transport of Cremated Remains

Sec. 716.301.  TRANSPORT OF CREMATED REMAINS.  On delivery of the cremated remains by a crematory establishment, an authorizing agent or the representative delegated by the authorizing agent as provided by Section 716.053 may transport the remains without a permit in any manner in this state and finally dispose of the cremated remains in accordance with this subchapter.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter G. Disposition of Remains › Section 716.302. Disposition of Cremated Remains

Sec. 716.302.  DISPOSITION OF CREMATED REMAINS.  (a)  An authorizing agent shall provide to a crematory establishment a signed written statement disclosing the final disposition of the cremated remains, if known.  The crematory establishment shall retain a copy of the statement in the crematory establishment's records.
(b)  The authorizing agent is responsible for disposing of cremated remains.
(c)  Not earlier than the 121st day following the date of cremation, if the authorizing agent or the agent's representative has not specified the final disposition of or claimed the cremated remains, the crematory establishment or funeral establishment, if the cremated remains have been released to an employee of the funeral establishment in accordance with the authorization form, may dispose of the cremated remains in accordance with this subchapter.  The crematory establishment or funeral establishment, as applicable, shall retain a record of the disposition in the establishment's records.
(d)  An authorizing agent is responsible for all reasonable expenses incurred in disposing of the cremated remains under Subsection (c).
(e)  A person may dispose of cremated remains only:
(1)  in a crypt, niche, grave, or scattering area of a dedicated cemetery;
(2)  by scattering the remains over uninhabited public land, sea, or other public waterways in accordance with Section 716.304;  or
(3)  on private property as directed by the authorizing agent with the written consent of the property owner in accordance with Section 716.304.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter G. Disposition of Remains › Section 716.303. Commingling of Remains

Sec. 716.303.  COMMINGLING OF REMAINS.  Unless authorized in writing by the authorizing agent, a person may not:
(1)  dispose of or scatter cremated remains in a manner or at a location that commingles the remains with other cremated remains, except by air over a scattering area or by sea;  or
(2)  place the cremated remains of more than one deceased person in the same urn or other container.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter G. Disposition of Remains › Section 716.304. Scattering Remains

Sec. 716.304.  SCATTERING REMAINS.  A person may scatter cremated remains over uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner.  Unless the container is biodegradable, the cremated remains must be removed from the container before being scattered.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 17, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter H. Penalty › Section 716.351. Criminal Penalty

Sec. 716.351.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  cremates human remains without receipt of:
(A)  a cremation authorization form signed by an authorizing agent; or
(B)  written directions for the disposition by cremation of the deceased person's human remains as provided in Section 711.002(g);
(2)  signs a cremation authorization form with actual knowledge that the form contains false or incorrect information; or
(3)  represents to the public that the person may cremate human remains without being licensed as provided by Subchapter N, Chapter 651, Occupations Code.
(b)  An offense under Subsection (a) is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 18, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.001. Short Title

Sec. 751.001.  SHORT TITLE.  This chapter may be cited as the Texas Mass Gatherings Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.002. Definitions

Sec. 751.002.  DEFINITIONS.  In this chapter:
(1)  "Mass gathering" means a gathering:
(A)  that is held outside the limits of a municipality;
(B)  that attracts or is expected to attract:
(i)  more than 2,500 persons; or
(ii)  more than 500 persons, if 51 percent or more of those persons may reasonably be expected to be younger than 21 years of age and it is planned or may reasonably be expected that alcoholic beverages will be sold, served, or consumed at or around the gathering; and
(C)  at which the persons will remain:
(i)  for more than five continuous hours; or
(ii)  for any amount of time during the period beginning at 10 p.m. and ending at 4 a.m.
(2)  "Person" means an individual, group of individuals, firm, corporation, partnership, or association.
(3)  "Promote" includes organize, manage, finance, or hold.
(4)  "Promoter" means a person who promotes a mass gathering.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 553, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 692 (S.B. 270), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.0021. Applicability to Certain Horse and Greyhound Races

Sec. 751.0021.  APPLICABILITY TO CERTAIN HORSE AND GREYHOUND RACES.
(a)  This chapter applies to a horse or greyhound race that attracts or is expected to attract at least 100 persons, except that this chapter does not apply if the race is held at a location at which pari-mutuel wagering is authorized under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act).
(b)  This section does not legalize any activity prohibited under the Penal Code or other state law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1274 (S.B. 917), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.05, eff. April 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.003. Permit Requirement

Sec. 751.003.  PERMIT REQUIREMENT.  A person may not promote a mass gathering without a permit issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.004. Application Procedure

Sec. 751.004.  APPLICATION PROCEDURE.  (a)  At least 45 days before the date on which a mass gathering will be held, the promoter shall file a permit application with the county judge of the county in which the mass gathering will be held.
(b)  The application must include:
(1)  the promoter's name and address;
(2)  a financial statement that reflects the funds being supplied to finance the mass gathering and each person supplying the funds;
(3)  the name and address of the owner of the property on which the mass gathering will be held;
(4)  a certified copy of the agreement between the promoter and the property owner;
(5)  the location and a description of the property on which the mass gathering will be held;
(6)  the dates and times that the mass gathering will be held;
(7)  the maximum number of persons the promoter will allow to attend the mass gathering and the plan the promoter intends to use to limit attendance to that number;
(8)  the name and address of each performer who has agreed to appear at the mass gathering and the name and address of each performer's agent;
(9)  a description of each agreement between the promoter and a performer;
(10)  a description of each step the promoter has taken to ensure that minimum standards of sanitation and health will be maintained during the mass gathering;
(11)  a description of all preparations being made to provide traffic control, to ensure that the mass gathering will be conducted in an orderly manner, and to protect the physical safety of the persons who attend the mass gathering;
(12)  a description of the preparations made to provide adequate medical and nursing care;  and
(13)  a description of the preparations made to supervise minors who may attend the mass gathering.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.005. Investigation

Sec. 751.005.  INVESTIGATION.  (a)  After a permit application is filed with the county judge, the county judge shall send a copy of the application to the county health authority, the county fire marshal or the person designated under Subsection (c), and the sheriff.
(b)  The county health authority shall inquire into preparations for the mass gathering.  At least five days before the date on which the hearing prescribed by Section 751.006 is held, the county health authority shall submit to the county judge a report stating whether the health authority believes that the minimum standards of health and sanitation prescribed by state and local laws, rules, and orders will be maintained.
(c)  The county fire marshal shall investigate preparations for the mass gathering.  If there is no county fire marshal in that county, the commissioners court shall designate a person to act under this section.  At least five days before the date on which the hearing prescribed by Section 751.006 is held, the county fire marshal or the commissioners court designee shall submit to the county judge a report stating whether the fire marshal or designee believes that the minimum standards for ensuring public fire safety and order as prescribed by state and local laws, rules, and orders will be maintained.
(d)  The sheriff shall investigate preparations for the mass gathering.  At least five days before the date on which the hearing prescribed by Section 751.006 is held, the sheriff shall submit to the county judge a report stating whether the sheriff believes that the minimum standards for ensuring public safety and order that are prescribed by state and local laws, rules, and orders will be maintained.
(e)  The county judge may conduct any additional investigation that the judge considers necessary.
(f)  The county health authority, county fire marshal or commissioners court designee, and sheriff shall be available at the hearing prescribed by Section 751.006 to give testimony relating to their reports.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 553, Sec. 2, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.0055. Delegation of Duties of County Judge

Sec. 751.0055.  DELEGATION OF DUTIES OF COUNTY JUDGE.  (a)  The county judge of a county may file an order with the commissioners court of the county delegating to another county officer the duty to hear applications for a permit under this chapter.  The order may provide for allowing the county officer to revoke a permit under Section 751.008.
(b)  An order of a county officer acting under the delegated authority of the county judge in regard to a permit has the same effect as an order of the county judge.
(c)  During the period in which the order is in effect, the county judge may withdraw the authority delegated in relation to an application and the county judge may hear the application.
(d)  The county judge may at any time revoke an order delegating duties under this section.
Added by Acts 2001, 77th Leg., ch. 1, Sec. 1, effective March 26, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.006. Hearing

Sec. 751.006.  HEARING.  (a)  Not later than the 10th day before the date on which a mass gathering will begin, the county judge shall hold a hearing on the application.  The county judge shall set the date and time of the hearing.
(b)  Notice of the time and place of the hearing shall be given to the promoter and to each person who has an interest in whether the permit is granted or denied.
(c)  At the hearing, any person may appear and testify for or against granting the permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.007. Findings and Decision of County Judge

Sec. 751.007.  FINDINGS AND DECISION OF COUNTY JUDGE.  (a)  After the completion of the hearing prescribed by Section 751.006, the county judge shall enter his findings in the record and shall either grant or deny the permit.
(b)  The county judge may deny the permit if he finds that:
(1)  the application contains false or misleading information or omits required information;
(2)  the promoter's financial backing is insufficient to ensure that the mass gathering will be conducted in the manner stated in the application;
(3)  the location selected for the mass gathering is inadequate for the purpose for which it will be used;
(4)  the promoter has not made adequate preparations to limit the number of persons attending the mass gathering or to provide adequate supervision for minors attending the mass gathering;
(5)  the promoter does not have assurance that scheduled performers will appear;
(6)  the preparations for the mass gathering do not ensure that minimum standards of sanitation and health will be maintained;
(7)  the preparations for the mass gathering do not ensure that the mass gathering will be conducted in an orderly manner and that the physical safety of persons attending will be protected;
(8)  adequate arrangements for traffic control have not been provided;  or
(9)  adequate medical and nursing care will not be available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.008. Permit Revocation

Sec. 751.008.  PERMIT REVOCATION.  (a)  The county judge may revoke a permit issued under this chapter if the county judge finds that preparations for the mass gathering will not be completed by the time the mass gathering will begin or that the permit was obtained by fraud or misrepresentation.
(b)  The county judge must give notice to the promoter that the permit will be revoked at least 24 hours before the revocation.  If requested by the promoter, the county judge shall hold a hearing on the revocation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.009. Appeal

Sec. 751.009.  APPEAL.  A promoter or a person affected by the granting, denying, or revoking of a permit may appeal that action to a district court having jurisdiction in the county in which the mass gathering will be held.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1, Sec. 2, eff. March 26, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.010. Rules

Sec. 751.010.  RULES.  (a)  After notice and a public hearing, the executive commissioner of the Health and Human Services Commission shall adopt rules relating to minimum standards of health and sanitation to be maintained at mass gatherings.
(b)  After notice and a public hearing, the Department of Public Safety shall adopt rules relating to minimum standards that must be maintained at a mass gathering to protect public safety and maintain order.
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. 3.1507, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.011. Criminal Penalty

Sec. 751.011.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 751.003.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000, confinement in the county jail for not more than 90 days, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.012. Inspections

Sec. 751.012.  INSPECTIONS.  (a)  The county health authority may inspect a mass gathering during the mass gathering to ensure that the minimum standards of health and sanitation prescribed by state and local laws, rules, and orders are being maintained.  If the county health authority determines a violation of the minimum standards is occurring, the health authority may order the promoter of the mass gathering to correct the violation.
(b)  The county fire marshal or the person designated under Section 751.005(c) may inspect a mass gathering during the mass gathering to ensure that the minimum standards for ensuring public fire safety and order as prescribed by state and local laws, rules, and orders are being maintained.  If the marshal or commissioners court designee determines a violation of the minimum standards is occurring, the marshal or designee may order the promoter of the mass gathering to correct the violation.
(c)  The sheriff may inspect a mass gathering during the mass gathering to ensure that the minimum standards for ensuring public safety and order prescribed by state and local laws, rules, and orders are being maintained.  If the sheriff determines a violation of the minimum standards is occurring, the sheriff may order the promoter of the mass gathering to correct the violation.
(d)  A promoter who fails to comply with an order issued under this section commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 553, Sec. 3, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 751 - Mass Gatherings › Section 751.013. Inspection Fees

Sec. 751.013.  INSPECTION FEES.  (a)  A commissioners court may establish and collect a fee for an inspection performed under Section 751.012.  The fee may not exceed the amount necessary to defray the costs of performing the inspections.  The fee shall be deposited into the general fund of the county.
(b)  A commissioners court may use money collected under this section to reimburse the county department or, if a state agency performs the inspection on behalf of the county, the state agency, the cost of performing the inspection.
Added by Acts 1999, 76th Leg., ch. 553, Sec. 3, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 752 - High Voltage Overhead Lines › Section 752.001. Definitions

Sec. 752.001.  DEFINITIONS.  In this chapter:
(1)  "High voltage" means more than 600 volts measured between conductors or between a conductor and the ground.
(2)  "Overhead line" means a bare or insulated electrical conductor installed above ground but does not include a conductor that is de-energized and grounded or that is enclosed in a rigid metallic conduit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 752 - High Voltage Overhead Lines › Section 752.002. Exemption for Certain Employees and Activities

Sec. 752.002.  EXEMPTION FOR CERTAIN EMPLOYEES AND ACTIVITIES.  (a)  This chapter does not apply to the construction, reconstruction, operation, or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures and associated equipment that are part of a rail transportation system, an electrical generating, transmission, or distribution system, or a communication system.
(b)  In this section, "authorized person" means:
(1)  an employee of a light and power company, an electric cooperative, or a municipality working on his employer's electrical system;
(2)  an employee of a transportation system working on the system's electrical circuits;
(3)  an employee of a communication utility;
(4)  an employee of a state, county, or municipal agency that has authorized circuit construction on the poles or structures that belong to an electric power company, an electric cooperative, a municipal or transportation system, or a communication system;
(5)  an employee of an industrial plant who works on the plant's electrical system;  or
(6)  an employee of an electrical or communications contractor who is working under the contractor's supervision.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 752 - High Voltage Overhead Lines › Section 752.003. Temporary Clearance of Lines

Sec. 752.003.  TEMPORARY CLEARANCE OF LINES.  (a)  A person, firm, corporation, or association responsible for temporary work or a temporary activity or function closer to a high voltage overhead line than the distances prescribed by this chapter must notify the operator of the line at least 48 hours before the work begins.
(b)  A person, firm, corporation, or association may not begin the work, activity, or function under this section until the person, firm, corporation, or association responsible for the work, activity, or function and the owner or operator, or both, of the high voltage overhead line have negotiated a satisfactory mutual arrangement to provide temporary de-energization and grounding, temporary relocation or raising of the line, or temporary mechanical barriers to separate and prevent contact between the line and the material or equipment or the person performing the work, activity, or function.
(c)  The person, firm, corporation, or association responsible for the work, activity, or function shall pay the operator of the high voltage overhead line the actual expense incurred by the operator in providing the clearance prescribed in the agreement.  The operator may require payment in advance and is not required to provide the clearance until the person, firm, corporation, or association responsible for the work, activity, or function makes the payment.
(d)  If the actual expense of providing the clearance is less than the amount paid, the operator of the high voltage overhead line shall refund the surplus amount.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 752 - High Voltage Overhead Lines › Section 752.004. Restriction on Activities Near Lines

Sec. 752.004.  RESTRICTION ON ACTIVITIES NEAR LINES.  (a)  Unless a person, firm, corporation, or association effectively guards against danger by contact with the line as prescribed by Section 752.003, the person, firm, corporation, or association, either individually or through an agent or employee, may not perform a function or activity on land, a building, a highway, or other premises if at any time it is possible that the person performing the function or activity may:
(1)  move or be placed within six feet of a high voltage overhead line while performing the function or activity;  or
(2)  bring any part of a tool, equipment, machine, or material within six feet of a high voltage overhead line while performing the function or activity.
(b)  A person, firm, corporation, or association may not require an employee to perform a function or activity prohibited by Subsection (a).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 752 - High Voltage Overhead Lines › Section 752.005. Restriction on Operation of Machinery and Placement of Structures Near Lines

Sec. 752.005.  RESTRICTION ON OPERATION OF MACHINERY AND PLACEMENT OF STRUCTURES NEAR LINES.  Unless a person, firm, corporation, or association effectively guards against danger by contact with the line as prescribed by Section 752.003, the person, firm, corporation, or association, either individually or through an agent or employee, may not:
(1)  erect, install, transport, or store all or any part of a house, building, or other structure within six feet of a high voltage overhead line;
(2)  install, operate, transport, handle, or store all or any part of a tool, machine, or equipment within six feet of a high voltage overhead line;  or
(3)  transport, handle, or store all or any part of supplies or materials within six feet of a high voltage overhead line.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 752 - High Voltage Overhead Lines › Section 752.007. Criminal Penalty

Sec. 752.007.  CRIMINAL PENALTY.  (a)  A person, firm, corporation, or association or an agent or employee of a person, firm, corporation, or association commits an offense if the person, firm, corporation, association, agent, or employee violates this chapter.
(b)  An offense under this section is punishable by a fine of not less than $100 or more than $1,000, confinement in jail for not more than one year, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 752 - High Voltage Overhead Lines › Section 752.008. Liability for Damages

Sec. 752.008.  LIABILITY FOR DAMAGES.  If a violation of this chapter results in physical or electrical contact with a high voltage overhead line, the person, firm, corporation, or association that committed the violation is liable to the owner or operator of the line for all damages to the facilities and for all liability that the owner or operator incurs as a result of the contact.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.001. Definitions

Sec. 753.001.  DEFINITIONS.  In this chapter and in the rules adopted under this chapter:
(1)  "Board" means the State Board of Insurance.
(2)  "Bulk plant" means that portion of a property operated in conjunction with a retail service station where flammable liquids are received by tank vessel, tank car, or tank vehicle and are stored or blended in bulk for distribution by tank car, tank vehicle, or container.
(3)  "Flammable liquid" means a liquid having a flash point below 140%A1 Fahrenheit and having a vapor pressure of not more than 40 pounds per square inch (absolute) at 100%A1 Fahrenheit.  The term does not include a liquefied petroleum gas.
(4)  "Mobile service unit" means a vehicle, tank truck, or other mobile device from which a flammable liquid used as motor fuel may be dispensed as an act of retail sale into the fuel tank of a motor vehicle parked on an off-street parking facility.
(5)  "Person" means an individual, firm, association, corporation, or other private entity.
(6)  "Retail service station" means that portion of a property where a flammable liquid used as motor fuel is stored and dispensed as an act of retail sale from fixed equipment into the fuel tank of a motor vehicle. The term does not include a marina.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 223, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.0011. Transfer of Powers and Duties; References in Chapter

Sec. 753.0011.  TRANSFER OF POWERS AND DUTIES;  REFERENCES IN CHAPTER.  The powers and duties assigned to the State Board of Insurance under this chapter are transferred to the Texas Commission on Fire Protection.  All references in this chapter to the State Board of Insurance mean the Texas Commission on Fire Protection.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 7, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.002. Mobile Service Units

Sec. 753.002.  MOBILE SERVICE UNITS.  (a)  The board shall adopt rules for the safe movement and operation of mobile service units and the safe dispensing of flammable liquids by mobile service units.
(b)  A municipality may require a license for the operation of each mobile service unit in the municipality and may charge a reasonable license fee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.003. Flammable Liquid at Retail Service Stations

Sec. 753.003.  FLAMMABLE LIQUID AT RETAIL SERVICE STATIONS.  (a)  The board shall administer this chapter through the state fire marshal and shall adopt rules for the safe storage, handling, and use of flammable liquids at retail service stations.
(b)  The rules must substantially conform to the most recent published standards of the National Fire Protection Association, including standards in effect on or after August 1, 1989, for the storage, handling, and use of flammable liquids at retail service stations.
(c)  In adopting rules, the board may use recognized standards, including:
(1)  standards recognized by the federal government;
(2)  standards published by a nationally recognized standards-making organization;  and
(3)  specifications and instructions of manufacturers.
(d)  This chapter or a rule adopted under this chapter does not prohibit or permit the prohibition of an unattended self-service gasoline station operation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 224, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.005. Vehicle Regulations

Sec. 753.005.  VEHICLE REGULATIONS.  The size and weight of and load carried by a vehicle used to transport or deliver flammable liquid from a point of origin to a point of destination may not be limited unless the limitation is in accordance with an applicable state motor vehicle and highway law and a municipal or county ordinance or rule in effect on September 1, 1969.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.006. Uniformity and Conformity

Sec. 753.006.  UNIFORMITY AND CONFORMITY.  (a)  A county or municipality may not enact or enforce an ordinance or rule that is inconsistent with this chapter or the board's rules unless allowed by this chapter.
(b)  If a municipality by ordinance adopted rules relating to mobile service units not later than 180 days after the board adopted rules relating to mobile service units and the rules adopted by the municipality are more restrictive than the board's rules, the rules are not invalid under Subsection (a).
(c)  This chapter does not invalidate a municipal or county ordinance or rule that was in effect on September 1, 1969, and that relates to the storage of flammable liquids or relates to or prohibits mobile service units.
(d)  The board rules must provide that a facility that is in service before the effective date of an applicable rule and that is not in strict conformity with the rule may continue in service if the facility does not constitute a distinct hazard to life or property.  The rules may delineate the type of nonconformities that should be considered distinctly hazardous and the nonconformities that should be evaluated in light of local conditions.  The rules must provide that a person who owns a facility affected by the rules receives reasonable notice of intent to evaluate the need for compliance and the time and place at which the person may appear to offer evidence on that issue.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.007. Citation in Action for Declaratory Judgment

Sec. 753.007.  CITATION IN ACTION FOR DECLARATORY JUDGMENT.  In an action for declaratory judgment on the validity or applicability of a rule adopted by the board under this chapter, citation shall be served on the state fire marshal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 226, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.008. Enforcement

Sec. 753.008.  ENFORCEMENT.  (a)  The Texas Natural Resource Conservation Commission has concurrent jurisdiction with the board regarding the inspection of initial installation and other administrative supervision of aboveground tanks authorized and regulated by this chapter.  The Texas Natural Resource Conservation Commission has the primary authority for inspection of initial installation of the tanks.  The Texas Natural Resource Conservation Commission shall report all violations of this chapter in regard to aboveground storage tanks to the state fire marshal for enforcement proceedings.
(b)  Under the board's supervision, the state fire marshal and each county fire marshal and municipal fire marshal shall enforce this chapter and the rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 227, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.253, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.009. Injunctive Relief

Sec. 753.009.  INJUNCTIVE RELIEF.  (a)  The board may bring suit against a person who appears to be violating or threatening to violate a rule adopted under this chapter to restrain the person from violating or continuing to violate the rule.
(b)  The suit shall be brought in the district court having jurisdiction in the county in which the violation or threat of violation occurs.  At the board's request, the attorney general shall represent the board.
(c)  In the suit, the court may grant the board any prohibitory or mandatory injunction the facts warrant, including a temporary restraining order, temporary injunction, or permanent injunction.  The court may grant the relief without requiring a bond or other undertaking.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.010. Civil Penalty

Sec. 753.010.  CIVIL PENALTY.  (a)  A person who violates a rule adopted under this chapter is liable to the state for a civil penalty of not more than $100 for each day the person violates the rule.
(b)  The civil penalty is recoverable in a district court in:
(1)  Travis County;
(2)  the county in which the person resides;  or
(3)  the county in which the violation occurs.
(c)  At the board's request, the attorney general shall institute and conduct a suit in the name of the state to recover the penalty.
(d)  The civil penalty provided by this section may be in addition to or in lieu of the criminal penalty prescribed by Section 753.011.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 753 - Flammable Liquids › Section 753.011. Criminal Penalty

Sec. 753.011.  CRIMINAL PENALTY.  (a)  A person who is engaged in the business of storing, selling, or handling flammable liquids commits an offense if the person violates a rule adopted under this chapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  Each day a person continues to violate a rule adopted under this chapter constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 228, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0111. Exemptions

Sec. 754.0111.  EXEMPTIONS.  (a)  This chapter does not apply to equipment in a private building for a labor union, trade association, private club, or charitable organization that has two or fewer floors.
(b)  This chapter does not apply to an elevator located in a single-family dwelling, except as provided by Section 754.0141.
(c)  This chapter does not apply to equipment located in a building owned and operated by the federal government.
(d)  This chapter does not apply to equipment in an industrial facility, or in a grain silo, radio antenna, bridge tower, underground facility, or dam, to which access is limited primarily to employees of or working in that facility or structure.
Added by Acts 1995, 74th Leg., ch. 974, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0112. Institution of Higher Education: Employee Duties and Insurance Requirement

Sec. 754.0112.  INSTITUTION OF HIGHER EDUCATION:  EMPLOYEE DUTIES AND INSURANCE REQUIREMENT.  (a)  In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(b)  Notwithstanding any contrary provision of this chapter, this chapter does not prohibit a registered elevator inspector or registered contractor from performing an activity regulated by this chapter or the rules adopted under this chapter if the inspector or contractor is performing the activity as an employee of an institution of higher education.
(c)  Notwithstanding any contrary provision of this chapter, this chapter does not prohibit a registered elevator inspector or registered contractor performing an activity described by Subsection (b) as an employee of an institution of higher education from providing written evidence of self-insurance coverage to satisfy an insurance requirement under this chapter or rules adopted under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.012. Elevator Advisory Board

Sec. 754.012.  ELEVATOR ADVISORY BOARD.  (a)  The elevator advisory board is composed of nine members appointed by the presiding officer of the commission, with the commission's approval, as follows:
(1)  a representative of the insurance industry or a registered elevator inspector;
(2)  a representative of equipment constructors;
(3)  a representative of owners or managers of a building having fewer than six stories and having equipment;
(4)  a representative of owners or managers of a building having six stories or more and having equipment;
(5)  a representative of independent equipment maintenance companies;
(6)  a representative of equipment manufacturers;
(7)  a licensed or registered engineer or architect;
(8)  a public member; and
(9)  a public member with a physical disability.
(b)  Board members serve at the will of the commission.
(c)  The presiding officer of the commission, with the commission's approval, shall appoint a presiding officer of the board to serve for two years.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(3), eff. September 1, 2021.
(e)  A board member serves without compensation but is entitled to reimbursement for travel as provided for in the General Appropriations Act.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 4, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(3), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.013. Board Duties

Sec. 754.013.  BOARD DUTIES.  To protect public safety and to identify and correct potential hazards, the board shall advise the commission on:
(1)  the adoption of appropriate standards for the installation, maintenance, alteration, operation, testing, and inspection of equipment;
(2)  the status of equipment used by the public in this state;
(3)  sources of information relating to equipment safety;
(4)  public awareness programs related to elevator safety, including programs for sellers and buyers of single-family dwellings with elevators, chairlifts, or platform lifts; and
(5)  any other matter considered relevant by the commission.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0141. Standards for Equipment in Single-Family Dwellings; Required Information

Sec. 754.0141.  STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY DWELLINGS;  REQUIRED INFORMATION.  (a)  Elevators, chairlifts, or platform lifts installed in a single-family dwelling on or after January 1, 2004, must comply with the ASME Code A17.1 or A18.1, as applicable, and must be inspected by a registered elevator inspector after the installation is complete.  The inspector shall provide the dwelling owner a copy of the inspection report.
(b)  The commission shall adopt rules containing minimum safety standards that must be used by registered elevator inspectors when inspecting elevators, chairlifts, and platform lifts installed in single-family dwellings.
(c)  A municipality may withhold a certificate of occupancy for a dwelling or for the installation of the elevator or chairlift until the owner provides a copy of the inspection report to the municipality.
(d)  A contractor is not required to report to the department any information concerning equipment in a single-family dwelling or the contractor's work on the equipment.
(e)  On completing installation of equipment in a single-family dwelling, a contractor shall provide the dwelling owner with relevant information, in writing, about use, safety, and maintenance of the equipment, including the advisability of having the equipment periodically and timely inspected by a registered elevator inspector.
(f)  An inspection by a registered elevator inspector of equipment in a single-family dwelling may be performed only at the request and with the consent of the owner.  The owner of a single-family dwelling is not subject to Section 754.0231, 754.0232, 754.0233, 754.0234, or 754.0235.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 110 (S.B. 972), Sec. 1, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.016. Inspection Reports and Certificates of Compliance

Sec. 754.016.  INSPECTION REPORTS AND CERTIFICATES OF COMPLIANCE.  (a)  Inspection reports and certificates of compliance required under this chapter must cover all equipment in a building or structure appurtenant to the building, including a parking facility, that are owned by the same person or persons.
(b)  A registered elevator inspector shall issue an inspection report to the owner not later than the fifth calendar day after the date of inspection in accordance with the procedures established by commission rule.
(c)  The executive director shall issue a certificate of compliance to the owner.
(d)  The commission by rule shall:
(1)   require that a certificate of compliance for any equipment be posted in a publicly visible area of the building; and
(2)  determine what constitutes a "publicly visible area" under Subdivision (1).
(e)  The department shall prescribe the format and the required information contained in the inspection reports, the certificates of compliance, and other documents.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 9, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 10.002, eff. September 1, 2015.