Texas · statute · Tex. Occupations Code · 6,998 active provisions
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute…
Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.
A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
(a) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inco…
In this chapter: (1) "Advisory board" means an entity with multiple members that has as its primary function advising the commission or department. (1-a) "Commission" means the Texas Commission of Licensing and Regulation. (1-b) "Communicate directly with" has the meaning assigned by Section 305.002, Government Code. (…
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). Unless continued in existence as provided by that chapter, the commission and the department are abolished September 1, 2033.
This chapter applies to each regulatory program administered by the department, including any program under which a license is issued by the department.
(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 are regulated by the state and assigned to the department by the legislature. (b) The department is governed by the 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 national origin of the appointee.
(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; (2) is employed by or participates in the management of a business entity or other organi…
(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 mutual business or professional problems and in promoting their common inter…
(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 section. (b) The training program must provide the person with in…
(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 unexpired term.
(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 Robert's Rules of Order.
(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 Section 51.053; (3) is ineligible for membership under Section 51.0535; (4…
(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 any applicable limitation on reimbursement provided by the General Appropriations…
(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.
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.
(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 lottery or bingo game conducted in this state; (3) accept or be entitled to acc…
(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 law enforcement agency relating to an individual the governor intends to appoint to the…
The commission shall appoint the executive director of the department. The executive director serves at the will of the commission.
(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 establishing programs regulated by the department. (b) The executive director may delegate any power…
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.
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.
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 chapter, including information regarding a person's responsibilities under applicable laws…