Title GV, Government Code

Sec. 411.509. CEASE AND DESIST ORDER. The department may issue a cease and desist order if the department determines that the action is necessary to prevent a violation of a law or rule governing a program or person subject to this subchapter. Added by Acts 2019, 86th Leg., R.S.,…

Sec. 411.510. INJUNCTIVE RELIEF. (a) On request of the department, the attorney general shall institute an action for injunctive relief to restrain a person in violation of or threatening to violate a law or rule governing a program or person subject to this subchapter. (b) An ac…

Sec. 411.511. STAGGERED RENEWAL; PRORATION OF LICENSE FEE. (a) The commission by rule may adopt a system under which licenses expire on various dates during the year. (b) A license issued under a program governed by this subchapter may not expire later than the second anniversary…

Sec. 411.512. ANNUAL REGULATORY REPORT. (a) The department shall annually make available on the department's Internet website a report of regulatory statistics for the preceding state fiscal year for each program subject to this subchapter and aggregate information on all the pro…

Sec. 411.521. DEFINITION. In this subchapter, "license" has the meaning assigned by Section 411.501. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.

Sec. 411.522. APPLICABILITY. This subchapter applies to a program, and persons regulated under the program, to which Section 411.502 applies. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.

Sec. 411.523. IMPOSITION OF PENALTY. The commission may impose an administrative penalty against a person who violates: (1) a law establishing a program subject to this subchapter; or (2) a rule adopted or order issued by the commission under a law described by Subdivision (1). A…

Sec. 411.524. AMOUNT OF PENALTY. (a) If the relevant law establishing a program subject to this subchapter does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission in an amount not to exceed $5,00…

Sec. 411.525. IMPOSITION OF SANCTION. A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter …

Sec. 411.526. NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating…

Sec. 411.527. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the respondent receives the notice, the respondent may: (1) accept the department's determination and recommended administrative penalty; or (2) make a written request for a hear…

Sec. 411.528. HEARING ON RECOMMENDATIONS. (a) If the respondent requests a hearing, the hearing shall be conducted by the department or the State Office of Administrative Hearings. (b) The State Office of Administrative Hearings shall consider the department's applicable substant…

Sec. 411.529. DECISION BY COMMISSION. (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that: (1) a violation occurred and impose an administrative penalty; or (2) a violation did not occur. (b) The department …

Sec. 411.530. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the commission's order becomes final, the respondent shall: (1) pay the penalty; or (2) file a petition for judicial review contesting the order and: (A) forward the penalty to…

Sec. 411.531. COLLECTION OF PENALTY. If the person on whom the administrative penalty is imposed violates Section 411.530(a), the department or the attorney general may bring an action to collect the penalty. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, ef…

Sec. 411.532. REMITTANCE OF PENALTY AND INTEREST. (a) If, after judicial review, the administrative penalty is reduced or not imposed, the department shall: (1) remit to the person the appropriate amount, plus accrued interest, if the person paid the amount of the penalty; or (2)…

Sec. 411.533. ADMINISTRATIVE PROCEDURE. (a) The commission by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty. (b) A proceeding under this subchapter to impose an administrative penalty is a contested case under C…

Sec. 411.551. DEFINITIONS. In this subchapter: (1) "Chief" means the chief of the division appointed under Section 411.552. (2) "Division" means the Homeland Security Division of the department established under this subchapter. (3) "Local government" means any municipality, coun…

Sec. 411.552. HOMELAND SECURITY DIVISION; CHIEF. (a) The Homeland Security Division is established in the department to lead multi-agency, multi-jurisdictional, and public-private efforts to enhance law enforcement initiatives and operations in support of homeland security object…

Sec. 411.553. DEPUTY CHIEFS AND OTHER EMPLOYEES; DELEGATION. (a) The chief may employ deputy chiefs and other employees as necessary to perform the duties or exercise the powers of the division or perform any duty or exercise any power of the department assigned to the division. …

Sec. 411.554. BORDER SECURITY: PLANNING AND COORDINATION. (a) The division shall, in collaboration with any other person who by law performs similar duties: (1) provide the strategic and operational planning for border security operations of this state; and (2) support the border…

Sec. 411.555. BORDER SECURITY: INTELLIGENCE. (a) The division shall coordinate the collection, dissemination, and analysis of intelligence for this state's border security operations and shall operate intelligence centers dedicated to this purpose. (b) The division shall establis…

Sec. 411.556. HOMELAND SECURITY PLANNING AND PREPAREDNESS. (a) The division shall, in collaboration with any other person who by law performs similar duties: (1) regularly develop a comprehensive homeland security strategic plan for this state; (2) plan and facilitate homeland se…

Sec. 411.557. PLANNING FOR PHYSICAL PROTECTION OF CRITICAL INFRASTRUCTURE. (a) The division shall coordinate multi-agency, multi-jurisdictional, and public-private efforts to protect the critical infrastructure in this state from criminal actors and organizations. Within the 16 c…

Sec. 411.558. INFRASTRUCTURE LIAISON OFFICER PROGRAM. (a) The division shall operate a program to train volunteers from public and private organizations to: (1) collect or receive intelligence information related to threats to critical infrastructure; and (2) properly identify th…

Sec. 411.559. WORK GROUPS; STUDY OF TECHNOLOGIES. (a) The division may establish and appoint members to one or more work groups to: (1) study any issue related to the division's duties or the law enforcement initiatives or operations of this state; and (2) advise or produce writt…

Sec. 411.560. RESEARCH. (a) The division shall annually propose to the commission the research priorities and a research agenda for the department. (b) The division shall coordinate with institutions of higher education, as defined by Section 61.003, Education Code, to enhance th…

Sec. 411.561. COUNSEL AND BUDGETING. (a) In this section, "homeland security activity" means any activity related to the prevention or discovery of, response to, or recovery from: (1) a terrorist attack; (2) a hostile military or paramilitary action; or (3) an extraordinary law e…

Sec. 411.562. WEBSITE AND REPORTS. The division shall maintain a publicly accessible Internet website and publish assessments and other reports produced by the division that are not excepted from disclosure under Section 552.021 and not confidential. Added by Acts 2025, 89th Leg.…

Sec. 411.563. SENSITIVE INFORMATION PROVIDED BY PRIVATE ORGANIZATIONS. (a) If in performing any duty or exercising any authority under this subchapter the division or a work group or task force of the division is provided information by a private organization that the private org…

Sec. 411.951. CONFIDENTIALITY OF IWATCHTEXAS COMMUNITY REPORTING SYSTEM REPORTS. All suspicious activity reports and school safety reports included in the iWatchTexas community reporting system operated by the department are confidential and not subject to disclosure under Chapte…