Title OC, Occupations Code

Sec. 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 be made without regard to the race, color, disability, sex, religion, age, or nationa…

Sec. 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 of the commission if the person or the person's spouse: (1) is regulated by the department; …

Sec. 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 assist its members and its industry or profession in dealing with …

Sec. 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 a member in attendance at a meeting of the commission until the person completes a training program that complies with this se…

Sec. 51.055. TERMS; VACANCY. (a) Members of the commission serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year. (b) If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpi…

Sec. 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 of the governor. (b) The presiding officer may vote on all matters before the commission as provided by…

Sec. 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 required by Section 51.053; (2) does not maintain during service on the commission the qualifications required by …

Sec. 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 expenses incurred in performing functions as a commission member, subject to…

Sec. 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 call of the presiding officer or as provided by commission rules. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Am…

Sec. 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 member. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 51.061. PROHIBITED CONDUCT. (a) A commission member may not: (1) accept any employment or remuneration from: (A) a person that has a significant financial interest in the lottery; or (B) a bingo commercial lessor, bingo distributor, or bingo manufacturer; (2) play any lotter…

Sec. 51.062. ACCESS TO CRIMINAL HISTORY RECORDS. (a) The governor shall conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another…

Sec. 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. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 836, Sec. 13, eff. …

Sec. 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 programs; and (3) issue licenses authorized by the laws establishi…

Sec. 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 the commission and the commission's approval of the budget. Acts 1999, 76th Leg., ch. 3…

Sec. 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 the staff of the department. Acts 1999, 76th…

Sec. 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 the requirements for office or employment under this …

Sec. 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 posting. (b) The executive director shall dev…

Sec. 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 to ensure that all personnel decisions are made withou…

Sec. 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 department's operating budget and the department's …

Sec. 51.2011. POWERS AND DUTIES OF COMMISSION REGARDING STATE LOTTERY AND BINGO REGULATION. (a) The commission has broad authority and shall exercise strict control and close supervision over all activities authorized and conducted in this state under: (1) Chapter 2001; and (2) C…

Sec. 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 by the department; (2) license renewals and late renewals; (3) examinations; and (4) any other progra…

Sec. 51.203. RULES REGARDING PROGRAMS REGULATED BY DEPARTMENT. (a) The commission shall adopt rules as necessary to implement each law establishing a program regulated by the department. (b) Notwithstanding any other law, for each program regulated by the department, including a …

Sec. 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) behavior analysts; (3) dietitians; (4) hearing instrument fitters and dispen…

Sec. 51.2032. RULES REGARDING PODIATRY; PROVISION OF INFORMATION. (a) In this section, "advisory board" means the Podiatric Medical Examiners Advisory Board. (b) The commission may not adopt a new rule relating to the scope of practice of, a health-related standard of care for, o…

Sec. 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) The commission may not include in rules t…

Sec. 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 the department's ability to perform its functions. The technolo…

Sec. 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 adoption of department rules; and (…

Sec. 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. (a-1) An advisory board shall meet at the call of the execu…

Sec. 51.2094. PROGRAM ADVISORY BOARDS. (a) The commission may establish an advisory board to advise the commission or the department regarding a program subject to regulation by the department. (b) Unless otherwise provided by a law establishing a regulatory program administered …

Sec. 51.2095. INTERDISCIPLINARY ADVISORY BOARDS. The executive director or the presiding officer of the commission may appoint interdisciplinary advisory boards consisting of members from various businesses, industries, general trades, or occupations to provide expertise related …

Sec. 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) a credit card issued by a financial institution chartered by a state or the …

Sec. 51.211. RISK-BASED INSPECTIONS. (a) The department shall conduct risk-based inspections that prioritize inspections based on key risk factors identified by the department, including: (1) whether a license holder has previously violated a law establishing a regulatory program…

Sec. 51.212. LOTTERY AND BINGO PROGRAM RECORDS. (a) Except as otherwise provided by law, all commission records relating to the state lottery under Chapter 466, Government Code, and the regulation of charitable bingo under Chapter 2001 are subject to public inspection in accordan…

Sec. 51.213. LEGAL REPRESENTATION. (a) The attorney general shall designate at least one member of the attorney general's staff to counsel and advise the commission and to represent the commission in legal proceedings. The attorney general shall make available to the appropriate …

Sec. 51.214. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR EMPLOYEE. (a) A commission member, the executive director, or an employee of the department may not intentionally or knowingly accept a gift or political contribution from: (1) a person that has a significant financial int…

Sec. 51.215. GIFT OR POLITICAL CONTRIBUTION TO FORMER OFFICER OR EMPLOYEE. (a) A former commission member, former executive director, or former employee of the department may not, before the second anniversary of the date that the person's service in office or employment with the…

Sec. 51.216. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE. (a) A former commission member or former executive director may not: (1) for compensation, represent a person that has made or intends to make a bid to operate the lottery before the department or commission before the se…

Sec. 51.217. LOTTERY ADVISORY COMMITTEE. (a) The commission shall establish a lottery advisory committee to provide external expertise on the lottery. The commission shall appoint to the advisory committee members who represent a balance of interests, including representatives of…

Sec. 51.218. ANNUAL REPORT. (a) The department annually shall submit a report to the governor and the legislature that: (1) includes a summary of lottery revenue, prize disbursements, and other expenses for the state fiscal year preceding the report; (2) includes a comprehensive …

Sec. 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 with and resolved by the commission or executive director. (b) The …

Sec. 51.252. COMPLAINTS. (a) The department shall maintain a system to promptly and efficiently act on complaints filed with the department. The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of …

Sec. 51.2521. COMPLAINT INVESTIGATION. (a) The department shall assign priorities and investigate complaints based on risk to the public of the conduct alleged in the complaint. (b) If the department determines at any time that an allegation made or formal complaint submitted by …

Sec. 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 any issue under the commission's jurisdiction. (b) The commission shall prepare and mai…

Sec. 51.254. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION. (a) In this section, unless the context requires otherwise: (1) "Disciplinary action" includes, with respect to any person subject to regulation by the department or the commission: (A) enforcement activity, …

Sec. 51.255. STATISTICAL ANALYSIS OF COMPLAINTS. (a) The department shall make available on the department's Internet website a statistical analysis of the complaints received by the department. (b) The analysis under this section must include aggregate information on the number,…