Title HS, Health and Safety Code

Sec. 432.005. LICENSE REQUIRED. (a) A person may not operate a salvage establishment in this state without a salvage operator license issued by the department. (b) A person may not act as a salvage broker in this state without a salvage broker license issued by the department. (c…

Sec. 432.006. LICENSE APPLICATION. An applicant for a salvage broker license or salvage operator license must: (1) file a license application on a form prescribed by the department; (2) pay a nonrefundable license fee to the department; and (3) cooperate with the department in an…

Sec. 432.007. ISSUANCE OF LICENSE. (a) The department shall issue a license to an applicant who complies with Section 432.006 and who meets the minimum qualifications established by department rule. (b) A license issued under this chapter expires two years after the date of issua…

Sec. 432.008. LICENSE RENEWAL. (a) A license holder under this chapter may renew the license by filing with the department, before the expiration date of the current license, a renewal application on a form prescribed by the department, accompanied by a nonrefundable renewal fee.…

Sec. 432.009. FEES. (a) The executive commissioner by rule shall adopt, and the department shall collect, fees for each license application or renewal application submitted under this chapter and for inspections performed to enforce this chapter and the department rules adopted u…

Sec. 432.0095. PROCESSING OF FOOD SALVAGE ESTABLISHMENT LICENSING FEES. (a) The commissioner shall establish a system for processing food salvage establishment licensing fees. (b) Under the fee processing system, the maximum time for processing a fee payment made by a negotiable …

Sec. 432.010. DEPOSIT OF FEES. A fee collected by the department under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 2…

Sec. 432.011. MINIMUM STANDARDS. (a) The executive commissioner shall adopt rules prescribing minimum standards or related requirements for: (1) the operation of salvage establishments and salvage warehouses; and (2) qualifications for licenses issued under this chapter. (b) The …

Sec. 432.012. POWERS OF DEPARTMENT. The department may: (1) enter into contracts or agreements necessary to implement this chapter; (2) conduct inspections and secure samples; (3) establish and maintain educational programs for salvage operators and salvage brokers; and (4) compi…

Sec. 432.013. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. (a) The department may deny, suspend, or revoke the license of an applicant or license holder who fails to comply with this chapter or the rules adopted under this chapter. (b) When there is an imminent threat to the hea…

Sec. 432.014. REINSTATEMENT OF LICENSE. (a) Not later than the 30th day after the date of the denial or emergency suspension, a person whose license application has been denied or whose license has been placed under an emergency suspension may request a reinspection for the purpo…

Sec. 432.015. EFFECT OF OPERATION IN OTHER JURISDICTION; REPORTS. (a) A person who operates a salvage establishment or acts as a salvage broker outside this state may sell, distribute, or otherwise traffic in distressed or salvaged merchandise in this state if the person holds a …

Sec. 432.016. MUNICIPAL REGULATION. A municipality by ordinance may regulate salvage operators, salvage brokers, and salvage establishments. An ordinance may be stricter than the minimum standards established under this chapter or by rules adopted under this chapter, but it may n…

Sec. 432.017. USE OF SALVAGE WAREHOUSE. A person may not use a salvage warehouse to recondition merchandise or to sell to consumers. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 432.018. CIVIL PENALTY; INJUNCTION. (a) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter, the commissioner may request the attorney general or a district, county, or municip…

Sec. 432.019. CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) operates a salvage establishment or acts as a salvage broker without a license issued under this chapter; or (2) fails to comply with a rule adopted under Section 432.011. (b) An offense under this…

Sec. 432.020. EMERGENCY ORDER. (a) The commissioner or the commissioner's designee may issue an emergency order, either mandatory or prohibitory, concerning the sale or distribution of distressed foods, drugs, devices, or cosmetics in the department's jurisdiction if the commissi…

Sec. 432.021. ADMINISTRATIVE PENALTY. (a) The department may assess an administrative penalty against a person who violates a rule adopted under Section 432.011 or an order adopted or license issued under this chapter. (b) In determining the amount of the penalty, the department …

Sec. 432.022. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE. (a) An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing. (b) If a hearing is held, an administrative law judge of the State Office of Administrative…

Sec. 432.023. PAYMENT OF ADMINISTRATIVE PENALTY. (a) Not later than the 30th day after the date of issuance of an order finding that a violation has occurred, the department shall inform the person against whom the order is issued of the amount of the penalty. (b) Not later than …

Sec. 432.024. REFUND OF ADMINISTRATIVE PENALTY. On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that: (1) the appropriate amount of any penalty payment plus accrued interest be…

Sec. 432.025. RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY GENERAL. The attorney general, at the request of the commissioner, may bring a civil action to recover an administrative penalty under this chapter. Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.

Sec. 432.026. DETAINED OR EMBARGOED ARTICLE. In accordance with Subchapter C, Chapter 431, the department may detain or embargo an article, including an article that is distressed merchandise, that is in the possession of a person licensed under this chapter and that is being hel…