CHAPTER 352. OPTICIANS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE F. PROFESSIONS RELATED TO EYES AND VISION
CHAPTER 352. OPTICIANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 352.001. SHORT TITLE. This chapter may be cited as the
Opticians' Registry Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Contact lens dispensing" means fabricating, ordering,
mechanically adjusting, dispensing, selling, and delivering to a
consumer contact lenses in accordance with a prescription from a
physician, optometrist, or therapeutic optometrist, along with
appropriate instructions for the care and handling of the lenses.
The term does not include, unless directed or approved by a
physician:
(A) taking any measurements of the eye or the cornea; or
(B) evaluating the physical fit of contact lenses.
(3) "Contact lens prescription" means a written specification
from a physician, optometrist, or therapeutic optometrist for
therapeutic, corrective, or cosmetic contact lenses that states
the refractive power of the product and other information
required to be in the specification by the physician,
optometrist, therapeutic optometrist, Texas State Board of
Medical Examiners, or Texas Optometry Board.
(4) "Department" means the Texas Department of Health.
(5) "Dispensing optician" or "ophthalmic dispenser" means a
person who provides or offers to provide spectacle or contact
lens dispensing services or products to the public.
(6) "Spectacle dispensing" means designing, verifying, fitting,
adjusting, selling, or delivering to a consumer fabricated and
finished ophthalmic devices, including spectacle lenses and
frames but excluding contact lenses, in accordance with a
prescription from a physician, therapeutic optometrist, or
optometrist. The term includes:
(A) prescription analysis and interpretation;
(B) the measurement of the face, including interpupillary
distances, to determine the size, shape, and specifications of
the spectacle lenses or frames best suited to the wearer's needs;
(C) the preparation and delivery of a work order to a laboratory
technician engaged in grinding lenses and fabricating spectacles;
(D) the verification of the quality of finished spectacle
lenses;
(E) the adjustment of spectacle lenses or frames to the wearer's
face; and
(F) the adjustment, repair, replacement, or reproduction of a
previously prepared, specially fabricated ophthalmic device.
(7) "Spectacle prescription" means a written specification by a
physician, therapeutic optometrist, or optometrist for
therapeutic or corrective lenses that states the refractive power
of the lenses and other information included in the specification
by the physician, therapeutic optometrist, or optometrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.003. EFFECT OF CHAPTER. (a) This chapter does not:
(1) authorize a dispensing optician to perform an act on the
optician's own authority that the optician is not otherwise
authorized to perform, including an act that constitutes the
practice of medicine, therapeutic optometry, or optometry;
(2) prevent or restrict a person licensed in this state under
another law from engaging in the profession or occupation for
which the person is licensed without being registered under this
chapter;
(3) prevent or restrict an employee of a person licensed in this
state from performing an employment duty required by the licensed
person without being registered under this chapter;
(4) prevent or restrict an individual, firm, or corporation from
employing a person registered under this chapter or from engaging
in spectacle or contact lens dispensing through a person
registered under this chapter who is employed at the location at
which the dispensing occurs;
(5) prevent or restrict an individual, firm, or corporation from
employing a person as an assistant, trainee, or apprentice to:
(A) engage in spectacle or contact lens dispensing; or
(B) provide instruction in the care and handling of contact
lenses;
(6) prohibit the Texas State Board of Medical Examiners, the
Texas Optometry Board, the attorney general, or another person
authorized by law from bringing an appropriate action to enforce
a state statute relating to the practice of medicine, therapeutic
optometry, or optometry without a license; or
(7) require that a person be registered:
(A) under this chapter to sell or dispense contact lenses; or
(B) as a contact lens dispenser to work in a contact lens
manufacturing facility that does not sell its finished product
directly to the public.
(b) This chapter or another state law relating to a dispensing
optician does not prevent or restrict a physician from:
(1) treating or prescribing for a patient; or
(2) directing or instructing a person under the physician's
control or supervision to aid or minister to the needs of a
patient according to a specific direction, order, instruction, or
prescription.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT AND BOARD
Sec. 352.051. ADMINISTRATION OF CHAPTER. The department shall
administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.052. DEPARTMENT STAFF. The department may employ
administrative and clerical staff as necessary to carry out this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.053. RULEMAKING. (a) The board shall adopt procedural
rules to implement the registration procedures under this
chapter.
(b) The board may adopt substantive and procedural rules
relating to:
(1) establishing minimum requirements for the registration of a
dispensing optician;
(2) suspending, denying, or revoking a certificate of
registration or placing a certificate holder on probation;
(3) prescribing fees under this chapter; and
(4) adopting forms required by this chapter.
(c) The board may not adopt substantive rules relating to this
chapter other than substantive rules described by Subsection (b)
of this section, Section 352.055, and Section 352.153.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.158(a), eff.
Sept. 1, 2001.
Sec. 352.054. FEES. The board by rule shall prescribe fees in
reasonable amounts sufficient to cover the costs of administering
this chapter, including fees for:
(1) an initial application for a certificate of registration;
(2) issuance of a certificate of registration;
(3) issuance of a renewal certificate of registration; and
(4) issuance of a duplicate certificate of registration or
duplicate renewal certificate of registration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1196, Sec. 1, eff. Sept. 1,
2001.
Sec. 352.055. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a registrant except to
prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a registrant's personal appearance or
voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
registrant; or
(4) restricts the registrant's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.159(a), eff.
Sept. 1, 2001.
SUBCHAPTER C. CERTIFICATE OF REGISTRATION
Sec. 352.101. REPRESENTATION TO PUBLIC. (a) A person may not
represent to the public that the person is a "Registered
Dispensing Optician" or "Registered Spectacle Dispenser" unless
the person is registered as a spectacle dispensing optician and
complies with this chapter.
(b) A person may not represent to the public that the person is
a "Registered Contact Lens Dispenser" or "Registered Contact Lens
Technician" unless the person is registered as a contact lens
dispenser and complies with this chapter.
(c) A person may not use abbreviations or other letters to
represent that the person is registered.
(d) A person properly registered under this chapter may
represent to the public that the person is a "Registered
Dispensing Optician," "Registered Spectacle Dispenser,"
"Registered Contact Lens Technician," or "Registered Contact Lens
Dispenser."
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.102. ISSUANCE OF CERTIFICATE; QUALIFICATIONS. (a) The
department shall issue a certificate of registration to an
applicant who:
(1) applies and pays a registration fee;
(2) presents evidence satisfactory to the department that the
applicant has successfully completed the number of classroom
hours of training required by the board; and
(3) passes the appropriate examination required under Section
352.103.
(b) The board may not require more than 30 classroom hours of
training as a prerequisite to registration.
(c) A person may qualify and be registered as a spectacle
dispenser, contact lens dispenser, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.103. EXAMINATIONS. (a) At least once a year, the
department shall administer to applicants for certificates of
registration a written qualifying spectacle dispensing
examination and a written qualifying contact lens dispensing
examination.
(b) The examinations shall be professionally constructed and
validated and objectively administered and scored.
(c) A person who fails an examination may apply to take a
subsequent examination. A person who fails two successive
examinations may not apply to take a subsequent examination until
the person completes remedial work required by the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.1031. NOTICE OF EXAMINATION RESULTS. (a) Not later
than the 30th day after the date a person takes a qualifying
examination under this chapter, the department shall notify the
person of the results of the examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the department shall notify the person of the results of the
examination not later than the 14th day after the date the
department receives the results from the testing service; and
(2) if notice of the examination results will be delayed for
longer than 90 days after the examination date, the department
shall notify the person of the reason for the delay before the
90th day.
(c) The department may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails a qualifying
examination administered under this chapter, the department shall
provide to the person an analysis of the person's performance on
the examination.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.160(a), eff.
Sept. 1, 2001.
Sec. 352.104. CERTIFICATE DISPLAY; SURRENDER. (a) A person
issued a certificate of registration shall publicly display the
certificate in an appropriate manner specified by board rule.
(b) The certificate is the property of the department and shall
be surrendered on demand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. RENEWAL OF CERTIFICATE OF REGISTRATION
Sec. 352.151. TERM OF CERTIFICATE. (a) A certificate of
registration is valid for one year after the date of issuance.
(b) The department shall adopt a system under which certificates
of registration expire and are renewed on various dates.
(c) Not later than the 30th day before the date a person's
certificate of registration is scheduled to expire, the
department shall send written notice of the impending expiration
to the person at the person's last known address according to the
records of the department.
(d) A person whose certificate of registration has expired may
not make a representation for which a certificate of registration
is required under Section 352.101 until the certificate has been
renewed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(a), eff.
Sept. 1, 2001.
Sec. 352.152. RENEWAL OF CERTIFICATE. (a) To renew a
certificate of registration, a person must submit an application
for renewal in the manner prescribed by the board.
(b) The application must be accompanied by evidence that the
applicant has successfully completed the continuing education
courses required by board rule.
(c) A person who is otherwise eligible to renew a certificate of
registration may renew an unexpired certificate by paying the
required renewal fee to the department before the expiration date
of the certificate.
(d) A person whose certificate of registration has been expired
for 90 days or less may renew the certificate by paying to the
department a renewal fee that is equal to 1-1/2 times the
normally required renewal fee.
(e) A person whose certificate of registration has been expired
for more than 90 days but less than one year may renew the
certificate by paying to the department a renewal fee that is
equal to two times the normally required renewal fee.
(f) A person whose certificate of registration has been expired
for one year or more may not renew the certificate. The person
may obtain a new certificate of registration by complying with
the requirements and procedures, including the examination
requirements, for an original certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(b), eff.
Sept. 1, 2001.
Sec. 352.153. CONTINUING EDUCATION. (a) The board shall
recognize, prepare, or administer continuing education programs
for its registrants. A person registered under this chapter must
participate in the programs to the extent required by the board
to keep the person's certificate of registration.
(b) The board may not require more than 10 classroom hours of
continuing education courses each year.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(c), eff.
Sept. 1, 2001.
Sec. 352.154. RENEWAL OF EXPIRED CERTIFICATE BY OUT-OF-STATE
PRACTITIONER. (a) A person who was registered in this state,
moved to another state, and is currently licensed or registered
and has been in practice in the other state for the two years
preceding the date of application may obtain a new certificate of
registration without reexamination.
(b) The person must pay to the department a fee that is equal to
two times the normally required renewal fee for the certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(c), eff.
Sept. 1, 2001.
SUBCHAPTER E. PRACTICE BY CERTIFICATE HOLDER
Sec. 352.201. DIRECTIONS FOR DISPENSING OPTICIAN. A physician's
directions, instructions, or orders may be performed or a
physician's prescription may be filled by a registered dispensing
optician who is separate from and independent of the physician's
office only if the directions, instructions, orders, or
prescription is:
(1) in writing;
(2) of a scope and content and communicated to the dispensing
optician in a form and manner that, in the physician's
professional judgment, best serves the health, safety, and
welfare of the physician's patient; and
(3) in a form and detail consistent with the particular
dispensing optician's skill and knowledge.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.202. CONTACT LENS DISPENSING. (a) A person registered
under this chapter may not dispense contact lenses other than
from a contact lens prescription that specifies that the
prescription is for contact lenses.
(b) Except as provided by Section 351.005 or 352.203, a
registered contact lens dispenser may not:
(1) dispense contact lenses from the prescription of a
physician, optometrist, or therapeutic optometrist in a manner
that adjusts or alters the specific, written instructions of the
prescribing practitioner; or
(2) unless directed or approved by a physician:
(A) take any measurements of the eye or the cornea; or
(B) evaluate the physical fit of contact lenses.
(c) A person who violates this section is considered to be
practicing medicine or optometry or therapeutic optometry without
a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.203. DELEGATION BY PHYSICIAN. A registered contact
lens dispenser may take measurements of the eye or cornea and
evaluate the physical fit of lenses for a patient of a physician
if the physician has delegated in writing to the dispenser those
responsibilities for that specific patient in accordance with
Sections 351.005 and 352.201.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. DISCIPLINARY PROCEDURES
Sec. 352.251. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. The
department shall deny an application for a certificate of
registration, suspend or revoke a certificate of registration, or
reprimand a person who is registered under this chapter if the
person:
(1) obtains a certificate of registration by means of fraud,
misrepresentation, or concealment of a material fact;
(2) sells, barters, or offers to sell or barter a certificate of
registration;
(3) violates a rule adopted by the board;
(4) violates Section 352.101; or
(5) practices medicine, therapeutic optometry, or optometry
without a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.162(a), eff.
Sept. 1, 2001.
Sec. 352.252. INVESTIGATION. The department shall investigate:
(1) a person who engages in a practice that violates this
chapter; and
(2) each complaint filed with the department against a person
registered under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.2525. PROBATION. The board may place on probation a
person whose certificate of registration is suspended. If the
suspension is probated, the board may require the person to:
(1) report regularly to the department on matters that are the
basis of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review professional education until the person
attains a degree of skill satisfactory to the board in those
areas that are the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.162(b), eff.
Sept. 1, 2001.
Sec. 352.253. HEARING. (a) A person whose application for a
certificate of registration is denied, whose certificate of
registration is suspended or revoked, or who is reprimanded is
entitled to a hearing before the department if the person submits
to the department a written request for the hearing.
(b) A hearing is governed by department rules for a contested
hearing and by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.162(c), eff.
Sept. 1, 2001.
Sec. 352.254. EMERGENCY SUSPENSION. (a) The department shall
temporarily suspend the certificate of registration of a
certificate holder if the department determines from the evidence
or information presented to it that continued practice by the
certificate holder would constitute a continuing and imminent
threat to the public welfare.
(b) A certificate of registration may be suspended under this
section without notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a hearing before
the State Office of Administrative Hearings simultaneously with
the temporary suspension; and
(2) a hearing is held as soon as practicable under this chapter
and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause
to believe that a continuing and imminent threat to the public
welfare still exists. A final hearing on the matter shall be held
not later than the 61st day after the date of the temporary
suspension.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 2, eff. Sept. 1,
2003.
SUBCHAPTER G. ADMINISTRATIVE PENALTY
Sec. 352.301. IMPOSITION OF PENALTY. The department may assess
an administrative penalty against a person who violates this
chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.302. AMOUNT OF PENALTY. (a) The amount of the
administrative penalty may not exceed $1,000 for each violation.
Each day of a continuing violation is a separate violation.
(b) The amount shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct the violation; and
(5) any other matter that justice requires.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.303. 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 give written notice of
the violation to the person alleged to have committed the
violation. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the proposed administrative penalty
based on the factors set forth in Section 352.302(b); and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not
later than the 20th day after the date the person receives the
notice, the person may:
(1) accept the department's determination and proposed
administrative penalty; or
(2) make a written request for a hearing on that determination.
(b) If the person accepts the department's determination, the
commissioner of public health or the commissioner's designee by
order shall approve the determination and assess the proposed
penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.305. HEARING. (a) If the person requests a hearing in
a timely manner, the department shall:
(1) set a hearing;
(2) give written notice of the hearing to the person; and
(3) designate a hearings examiner to conduct the hearing.
(b) The hearings examiner shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the commissioner of public health or the
commissioner's designee a proposal for decision as to the
occurrence of the violation and the amount of any proposed
administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.306. DECISION BY BOARD. (a) Based on the findings of
fact, conclusions of law, and proposal for decision, the
commissioner of public health or the commissioner's designee by
order may determine that:
(1) a violation occurred and assess an administrative penalty;
or
(2) a violation did not occur.
(b) The department shall give notice of the order to the person.
The notice must include:
(1) separate statements of the findings of fact and conclusions
of law;
(2) the amount of any penalty assessed; and
(3) a statement of the person's right to judicial review of the
order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)
Not later than the 30th day after the date the order becomes
final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review
contesting the fact of the violation, the amount of the penalty,
or both; or
(3) without paying the penalty, file a petition for judicial
review contesting the fact of the violation, the amount of the
penalty, or both.
(b) Not later than the 30th day after the date the order is
final, a person who acts under Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving to the court a supersedeas bond approved by the court
that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of the order is final;
or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the department by
certified mail.
(c) If the department receives a copy of an affidavit under
Subsection (b)(2), the department may file with the court, not
later than the fifth day after the date the department receives
the copy, a contest to the affidavit.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay enforcement of
the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the amount of the penalty and
to give a supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.308. DETERMINATION BY COURT. (a) If the court
sustains the occurrence of the violation, the court may uphold or
reduce the amount of the administrative penalty and order the
person to pay the full or reduced penalty.
(b) If the court does not sustain the occurrence of the
violation, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.309. REMITTANCE OF PENALTY AND INTEREST. (a) If after
judicial review, the administrative penalty is reduced or not
imposed by the court, the court shall, after the judgment becomes
final:
(1) order that the appropriate amount, plus accrued interest, be
remitted to the person if the person paid the amount of the
penalty; or
(2) order the release of the bond in full if the penalty is not
imposed or order the release of the bond after the person pays
the penalty imposed if the person posted a supersedeas bond.
(b) The interest paid under Subsection (a)(1) is the rate
charged on loans to depository institutions by the New York
Federal Reserve Bank. The interest shall be paid for the period
beginning on the date the penalty is paid and ending on the date
the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.310. COLLECTION OF PENALTY. (a) In this section,
"reasonable expenses and costs" includes expenses incurred by the
department and the attorney general in the investigation,
initiation, or prosecution of an action, including reasonable
investigative costs, court costs, attorney's fees, witness fees,
and deposition expenses.
(b) If the person does not pay the amount of the administrative
penalty and the enforcement of the penalty is not stayed, the
department may refer the matter to the attorney general for
collection of the amount of the penalty.
(c) The department may assess reasonable expenses and costs
against a person in an administrative hearing if, as a result of
the hearing, an administrative penalty is assessed against the
person. The person shall pay expenses and costs assessed under
this subsection not later than the 30th day after the date the
order of the commissioner of public health or the commissioner's
designee requiring the payment of expenses and costs is final.
The department may refer the matter to the attorney general for
collection of expenses and costs.
(d) If the attorney general brings an action against a person to
enforce an administrative penalty assessed under this chapter and
the person is found liable for an administrative penalty, the
attorney general may recover, on behalf of the attorney general
and the department, reasonable expenses and costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.311. ADMINISTRATIVE PROCEDURE. A proceeding for the
assessment of an administrative penalty under this subchapter is
subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER H. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 352.351. ENFORCEMENT PROCEEDINGS; INJUNCTION. (a) The
board, the attorney general, or the district or county attorney
for the county in which an alleged violation of this chapter
occurs shall, on receipt of a verified complaint, bring an
appropriate administrative or judicial proceeding to enforce this
chapter or a rule adopted under this chapter.
(b) The attorney general or an attorney representing the state
may initiate an action for an injunction to prohibit a person
from violating this chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.352. CIVIL PENALTY. In addition to any other remedy
provided by law, including injunctive relief, a court may impose
a civil penalty for a violation of this chapter or a rule adopted
under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 352.353. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.