Texas Occupations Code Title 2, Chapter 51 - Texas Department Of Licensing And Regulation

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 51.001 - Definitions
  In this chapter: (1) "Advisory board" means a board, committee, council, or other entity with multiple members that has as its primary function advising the...
• Texas Section 51.002 - Application Of Sunset Act
  The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act)....

SUBCHAPTER B DEPARTMENT AND COMMISSION

• Texas Section 51.003 - Applicability
  This chapter applies to each regulatory program administered by the department, including any program under which a license is issued by the department. Added by...
• Texas Section 51.051 - Texas Department Of Licensing And Regulation
  (a) The Texas Department of Licensing and Regulation is the primary state agency responsible for the oversight of businesses, industries, general trades, and occupations that...
• Texas Section 51.052 - Appointment Of Commission
  (a) The commission consists of seven members appointed by the governor with the advice and consent of the senate. (b) Appointments to the commission shall...
• Texas Section 51.053 - Commission Membership; Eligibility
  (a) Each member of the commission must be a representative of the general public. (b) A person is not eligible for appointment as a member...
• Texas Section 51.0535 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
• Texas Section 51.054 - Training
  (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as...
• Texas Section 51.055 - Terms; Vacancy
  (a) Members of the commission serve staggered six-year terms. The terms of one or two members expire on February 1 of each odd-numbered year. (a)...
• Texas Section 51.056 - Presiding Officer
  (a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure...
• Texas Section 51.057 - Grounds For Removal
  (a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications...
• Texas Section 51.058 - Compensation; Reimbursement
  (a) A commission member may not receive compensation for service on the commission. (b) A commission member is entitled to reimbursement for actual and necessary...
• Texas Section 51.059 - Meetings
  (a) The commission shall meet at least once in each quarter of the fiscal year. (b) The commission may meet at other times at the...

SUBCHAPTER C EXECUTIVE DIRECTOR AND OTHER DEPARTMENT PERSONNEL

• Texas Section 51.060 - Civil Liability
  A member of the commission is not liable in a civil action for an act performed in good faith while performing duties as a commission...
• Texas Section 51.101 - Executive Director
  The commission shall appoint the executive director of the department. The executive director serves at the will of the commission. Acts 1999, 76th Leg., ch....
• Texas Section 51.103 - Executive Director Powers And Duties
  (a) The executive director shall: (1) perform any duties assigned by the commission and other duties specified by law; (2) administer and enforce the department's...
• Texas Section 51.104 - Personnel
  The executive director may employ persons to perform the department's work and may prescribe their duties and compensation, subject to the personnel policies adopted by...
• Texas Section 51.105 - Division Of Responsibilities
  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and...
• Texas Section 51.106 - Information On Standards Of Conduct
  The executive director or the executive director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding...
• Texas Section 51.107 - Career Ladder Program; Performance Evaluations
  (a) The executive director shall develop a career ladder program. The program must require intra-agency postings of all nonentry level positions concurrently with any public...

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 51.108 - Equal Employment Opportunity Policy
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity...
• Texas Section 51.201 - General Powers And Duties Of Commission
  (a) The commission shall: (1) supervise the executive director's administration of the department; (2) formulate the policy objectives for the department; and (3) approve the...
• Texas Section 51.202 - Fees
  (a) The commission shall set fees, in amounts reasonable and necessary to cover the costs of administering the programs or activities, for: (1) licenses issued...
• Texas Section 51.203 - Rules Regarding Programs Regulated By Department
  The commission shall adopt rules as necessary to implement each law establishing a program regulated by the department. Acts 1999, 76th Leg., ch. 388, Sec....
• Texas Section 51.2031 - Rules Regarding Health-related Programs; Provision Of Information
  (a) This section applies only to the regulation of the following professions by the department: (1) athletic trainers; (2) dietitians; (3) hearing instrument fitters and...
• Texas Section 51.204 - Rules Restricting Advertising Or Competitive Bidding
  (a) The commission may not adopt rules restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, or deceptive practices. (b)...
• Texas Section 51.207 - Use Of Technology
  (a) The commission shall develop and implement a policy requiring the executive director and department employees to research and propose appropriate technological solutions to improve...
• Texas Section 51.208 - Negotiated Rulemaking And Alternative Dispute Resolution Procedures
  (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
• Texas Section 51.209 - Advisory Boards; Removal Of Advisory Board Member
  (a) This section applies to any advisory board appointed to advise the commission or department regarding a program subject to regulation by the department. (b)...

SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

• Texas Section 51.210 - Method Of Making Payments
  (a) The commission may authorize payment of regulatory fees, fines, penalties, and charges for goods and services through: (1) an electronic payment method; or (2)...
• Texas Section 51.251 - Public Interest Information
  (a) The department shall prepare information of public interest describing the functions of the commission and department and the procedures by which complaints are filed...
• Texas Section 51.252 - Complaints
  (a) The executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the...

SUBCHAPTER F ADMINISTRATIVE PENALTY

• Texas Section 51.253 - Public Participation
  (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on...
• Texas Section 51.301 - Imposition Of Penalty
  The executive director or commission may impose an administrative penalty against a person who violates: (1) a law establishing a regulatory program administered by the...
• Texas Section 51.302 - Amount Of Penalty
  (a) If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law,...
• Texas Section 51.3025 - Imposition Of Sanction
  A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed...
• Texas Section 51.303 - Notice Of Violation And Penalty
  If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue...
• Texas Section 51.304 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the respondent receives the notice, the respondent may: (1) accept the department's determination and recommended...
• Texas Section 51.305 - Hearing On Recommendations
  (a) If the respondent requests a hearing, the hearing shall be conducted by the State Office of Administrative Hearings. (b) The State Office of Administrative...
• Texas Section 51.306 - Decision By Commission
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that: (1) a violation occurred...
• Texas Section 51.307 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the commission's order becomes final, the respondent shall: (1) pay the penalty; or (2) file...
• Texas Section 51.308 - Collection Of Penalty
  If the person on whom the administrative penalty is imposed violates Section 51.307(a), the department or the attorney general may bring an action to collect...
• Texas Section 51.309 - Remittance Of Penalty And Interest
  (a) If, after judicial review, the administrative penalty is reduced or not imposed, the executive director shall: (1) remit to the person the appropriate amount,...

SUBCHAPTER G OTHER PENALTIES AND ENFORCEMENT PROVISIONS

• Texas Section 51.310 - Administrative Procedure
  (a) The executive director by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty. (b) A proceeding...
• Texas Section 51.351 - Inspections And Investigations
  (a) The department may conduct inspections or investigations as necessary to enforce the laws administered by the department. (b) The department, during reasonable business hours,...
• Texas Section 51.3511 - Issuance Of Emergency Orders
  (a) If the executive director determines that an emergency exists requiring immediate action to protect the public health and safety, the executive director may issue...
• Texas Section 51.3512 - Subpoenas
  (a) The department may issue a subpoena as provided by this section. (b) The department may request and, if necessary, compel by subpoena: (1) the...
• Texas Section 51.3513 - Cease And Desist Order
  The executive director may issue a cease and desist order if the executive director determines that the action is necessary to prevent a violation of:...
• Texas Section 51.352 - Injunctive Relief; Civil Penalty
  (a) The attorney general or the executive director may institute an action for injunctive relief to restrain a violation by and to collect a civil...
• Texas Section 51.353 - License Denial; Administrative Sanctions
  (a) The commission may deny, revoke, suspend, or refuse to renew a license or may reprimand a license holder for a violation of this chapter,...
• Texas Section 51.354 - Right To Hearing; Administrative Procedure
  (a) A respondent is entitled to a hearing conducted by the State Office of Administrative Hearings if the executive director proposes to deny, suspend, or...
• Texas Section 51.355 - License Eligibility Of Person Whose License Has Been Revoked
  A person whose license has been revoked by order of the commission or executive director is not eligible for a new license until the first...

SUBCHAPTER H LICENSE REQUIREMENTS

• Texas Section 51.356 - Deferred Adjudication; License Suspension, License Revocation, Or Denial Or Refusal To Renew License
  (a) The commission may deny, suspend, revoke, or refuse to renew a license or other authorization issued by a program regulated by the department if:...
• Texas Section 51.401 - License Expiration And Renewal
  (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department...
• Texas Section 51.4011 - Inactive Status
  (a) The commission may adopt rules to allow a license holder to place a license issued by the department on inactive status by: (1) submitting,...
• Texas Section 51.4012 - License Eligibility Requirements Regarding Applicant's Background; Determination Letter
  (a) Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history or...
• Texas Section 51.4013 - License Eligibility Requirements For Applicants With Military Experience
  (a) Notwithstanding any other law, the department shall credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a...
• Texas Section 51.402 - Examinations
  (a) Not later than the 30th day after the date a person takes a license examination, the department shall notify the person of the results...
• Texas Section 51.403 - Examination Fee Refund
  (a) The department may refund a license examination fee to a person who is unable to take the examination if the person: (1) provides reasonable...
• Texas Section 51.4041 - Alternative Qualifications For License
  (a) The commission, department, or executive director may adopt alternative means of determining or verifying a person's eligibility for a license issued by the department,...
• Texas Section 51.405 - Continuing Education
  The commission shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required...
• Texas Section 51.406 - Staggered Renewal Of Licenses
  The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license...
• Texas Section 51.407 - Temporary License
  (a) The commission by rule may provide for the issuance of a temporary license to an applicant who: (1) submits to the executive director an...

SUBCHAPTER I TELEPHONE INFORMATION SYSTEM

• Texas Section 51.408 - Emergency License
  (a) The executive director may issue an emergency license to a person who meets eligibility requirements provided by: (1) a law establishing a regulatory program...
• Texas Section 51.451 - Definition
  In this subchapter, "licensing entity" means a department, commission, board, office, authority, or other agency or governmental entity of this state that issues an occupational...
• Texas Section 51.452 - Telephone Information System
  The department shall establish and operate a toll-free telephone information system to provide assistance and referral services for persons who inquire about a program regulated...

Last modified: September 28, 2016