Title OC, Occupations Code

Sec. 651.506. DISCIPLINARY PROCEEDINGS; HEARING PROCEEDINGS. (a) A proceeding conducted by the commission relating to the denial of a license or provisional license, the suspension or revocation of a license, the issuance of a reprimand, or the imposition of an administrative pen…

Sec. 651.5061. WAIVER OF HEARING BY FUNERAL OR CREMATORY ESTABLISHMENT. A funeral or crematory establishment alleged to have violated this chapter or a rule adopted under this chapter may waive the right to a hearing as provided by Section 651.506 by written notification to the c…

Sec. 651.507. EFFECT OF MULTIPLE VIOLATIONS. (a) The commission or an administrative law judge employed by the State Office of Administrative Hearings shall review each disciplinary proceeding to determine whether the license holder has previously violated the same provision of t…

Sec. 651.508. ENFORCEMENT OF LAW REGULATING CREMATORIES. For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter. Added by Acts 2003, 78th Leg., ch. 178, Sec. 4, eff. Sept. 1, 2003. SUBCHAPTER…

Sec. 651.551. ASSESSMENT OF ADMINISTRATIVE PENALTY. (a) The commission may assess an administrative penalty against a person regulated under this chapter if the commission determines that the person has violated this chapter or a rule adopted under this chapter. (b) The penalty m…

Sec. 651.5515. PENALTY GUIDELINES. (a) The commission by rule shall adopt guidelines that define and summarize the violations that occur under this subchapter to assist the commission in maintaining consistency in determining the amount of an administrative penalty assessed under…

Sec. 651.552. AMOUNT OF PENALTY. (a) The amount of the administrative penalty shall be not less than $100 or more than $5,000 for each violation. (b) In determining the amount of the penalty, the commission shall base its decision on: (1) the seriousness of the violation; (2) the…

Sec. 651.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) If, after examining a possible violation and the facts relating to that violation, the commission determines that a violation has occurred, the commission shall issue a preliminary report stating: (1) the facts on whic…

Sec. 651.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 30th day after the date the preliminary report is sent, the person charged may: (1) make a written request for a hearing; or (2) pay the administrative penalty to the commission. (b) Failure to request …

Sec. 651.555. OPTIONS AFTER DECISION: PAY OR APPEAL. (a) If an administrative penalty is assessed after a hearing conducted under Section 651.506, not later than the 30th day after the date the order is sent or a motion for rehearing is denied, the person charged shall: (1) pay t…

Sec. 651.556. COLLECTION OF PENALTY. On the commission's request, the attorney general shall bring a civil action to recover an administrative penalty owed under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 651.557. REMITTANCE OF PENALTY. If, after judicial review, the court determines that a violation did not occur, the court shall order, when the court's judgment becomes final, the release of the bond if the person gave a supersedeas bond. If the person gave a supersedeas bon…

Sec. 651.558. LICENSE SUSPENSION FOR FAILURE TO COMPLY. (a) The commission shall suspend for six months the license of a person who fails to pay an administrative penalty or post a supersedeas bond within the time required by Section 651.555, or within a longer period agreed to b…

Sec. 651.559. ENFORCEMENT OF LAW REGULATING CREMATORIES. For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter. Added by Acts 2003, 78th Leg., ch. 178, Sec. 5, eff. Sept. 1, 2003. SUBCHAPTER…

Sec. 651.601. INJUNCTION. (a) The commission in its own name or an adversely affected party may bring an action for appropriate injunctive relief against a funeral establishment, an embalmer, or a funeral director who violates this chapter or a rule adopted under this chapter. (a…

Sec. 651.602. CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) acts or holds the person out as a funeral director, embalmer, or provisional license holder without being licensed under this chapter; (2) makes a first call in a manner that violates Section 651.4…

Sec. 651.603. REFUND. (a) The commission may order a license holder to pay a refund to a person harmed by the license holder's violation of this chapter or failure to fulfill the terms of a purchase agreement with the person. (b) The amount of a refund ordered under this section …

Sec. 651.651. DEFINITIONS. In this subchapter: (1) "Cremation" means the irreversible process of reducing human remains to bone fragments through direct flame, extreme heat, and evaporation. The term may include pulverization, which is the process of reducing identifiable bone fr…

Sec. 651.652. APPLICABILITY. (a) This subchapter applies only to a crematory that sells goods or services related to the burial or final disposition of a body. (b) Repealed by Acts 2003, 78th Leg., R.S., Ch. 562, Sec. 44, eff. March 1, 2004. Added by Acts 2001, 77th Leg., ch. 682…

Sec. 651.656. CREMATORY ESTABLISHMENT LICENSE REQUIRED. (a) A person may not conduct a crematory business in this state unless the person who is the owner or operator of the crematory holds a crematory establishment license issued by the commission. (b) A person may not hold a cr…

Sec. 651.657. CREMATORY ESTABLISHMENT LICENSE APPLICATION. (a) An applicant for a crematory establishment license must: (1) submit a written license application to the commission; (2) pay the application fee; and (3) provide proof satisfactory to the commission that the owner or …

Sec. 651.658. CREMATORY ESTABLISHMENT LICENSE RENEWAL AND ANNUAL REPORT; PENALTY. (a) A crematory establishment must annually file a report with the commission that lists the number of cremations performed at the crematory during the previous year. (a-1) An applicant for renewal …

Sec. 701.001. SHORT TITLE. This chapter may be cited as the Licensed Dietitian Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.002. DEFINITIONS. In this chapter: (1) "Advisory board" means the Dietitians Advisory Board. (1-a) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Department" means the Texas Department of Licensing and Regulation. (3) "Dietetics" means the prof…

Sec. 701.051. DIETITIANS ADVISORY BOARD MEMBERSHIP. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) six licensed dietitian members, each of whom has been licensed under this c…

Sec. 701.0511. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.194, eff. September 1, 2015.

Sec. 701.054. TERMS; VACANCIES. (a) Members of the advisory board serve staggered six-year terms. (b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for …

Sec. 701.057. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of two years. The presiding officer of the advisory board may vote on any matter before the a…

Sec. 701.058. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.197, eff. Septembe…

Sec. 701.151. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (b) The commission or the department, as appropriate, shall: (1) adopt and publish a code of ethics; (2) establish the qualifications of applicants for licenses, includi…

Sec. 701.251. LICENSE REQUIRED; COMMISSION REGISTRATION. (a) In this section, "Commission on Dietetic Registration" means the commission that is a member of the National Commission on Health Certifying Agencies. (b) Unless the person holds an appropriate license issued under this…

Sec. 701.252. LICENSE APPLICATION. (a) Each applicant for a dietitian license must submit an application in the manner and on a form prescribed by the executive director accompanied by the application fee. (b) The commission by rule shall determine the information and documentati…

Sec. 701.253. LICENSE EXAMINATION. (a) In this section, "Commission on Dietetic Registration" has the meaning assigned by Section 701.251(a). (b) Except as provided by Subsection (f), an applicant must pass a license examination to qualify for a license under this chapter. (c) Th…

Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify for the licensing examination under this chapter, an applicant must: (1) possess a baccalaureate or postbaccalaureate degree, conferred by a college or university regionally accredited at the time of conferral, with: (A) a …

Sec. 701.2575. JURISPRUDENCE EXAMINATION. (a) The department shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, commission rules under this chapter, and any other applicable laws of thi…

Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The department shall issue a license as a licensed dietitian to a person qualified for a license under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B…

Sec. 701.301. LICENSE RENEWAL. (a) A license is valid for two years after the date of issuance and may be renewed biennially. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(208), eff. September 1, 2015. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. …

Sec. 701.302. CONTINUING EDUCATION REQUIREMENTS. The commission by rule shall adopt and the department shall monitor and enforce a program for the continuing education of license holders as a condition for license renewal. The rules must: (1) require a license holder to complete …

Sec. 701.303. CONTINUING EDUCATION IN NUTRITION AND METABOLIC HEALTH. (a) As part of the continuing education requirements under Section 701.302, a license holder shall complete, in accordance with this section and rules adopted under this section, continuing education regarding …

Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission or department may refuse to renew the license of a person who fails to: (1) pay an administrative penalty imposed against the person under Subchapter F, Chapter 51, unless enforcement of the penalty is stayed or a court h…

Sec. 701.351. DISPLAY OF LICENSE. (a) A license holder shall display the person's license in an appropriate and public manner as prescribed by commission rule. (b) A license issued by the department is the property of the department and shall be surrendered on demand. Acts 1999, …

Sec. 701.352. LICENSE HOLDER INFORMATION. A license holder shall keep the department informed of the license holder's current address as provided by commission rule. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 2…

Sec. 701.401. GROUNDS FOR DISCIPLINARY ACTION. The commission or executive director shall refuse to renew a license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter, a rule or…

Sec. 702.001. SHORT TITLE. This chapter may be cited as the Health Spa Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 702.002. PURPOSE AND CONSTRUCTION. (a) The purpose of this chapter is to protect the public against fraud, deceit, imposition, and financial hardship and to foster and encourage competition, fair dealing, and prosperity in the field of health spa operations and services by p…

Sec. 702.003. DEFINITIONS. In this chapter: (1) "Closed" means a condition in which: (A) the facilities of a health spa are no longer available to the health spa's members and equivalent facilities located not more than 10 miles from the health spa have not been made available to…