CHAPTER 1202. INDUSTRIALIZED HOUSING AND BUILDINGS
OCCUPATIONS CODE
TITLE 7. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND
HOUSING
SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS
CHAPTER 1202. INDUSTRIALIZED HOUSING AND BUILDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1202.001. GENERAL DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of Licensing and
Regulation.
(2) "Construction site building" means a commercial structure
that is:
(A) not open to the public; and
(B) used for any purpose at a commercial site by a person
constructing a building, road, bridge, utility, or other
infrastructure or improvement to real property.
(3) "Council" means the Texas Industrialized Building Code
Council.
(4) "Department" means the Texas Department of Licensing and
Regulation.
(4-a) "Executive director" means the executive director of the
department.
(5) "Modular component" means a structural part of housing or a
building constructed at a location other than the building site
in a manner that prevents the construction from being adequately
inspected for code compliance at the building site without:
(A) damage; or
(B) removal and reconstruction of a part of the housing or
building.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.263(b),
eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
714, Sec. 1, eff. September 1, 2005.
Sec. 1202.002. DEFINITION OF INDUSTRIALIZED HOUSING. (a)
Industrialized housing is a residential structure that is:
(1) designed for the occupancy of one or more families;
(2) constructed in one or more modules or constructed using one
or more modular components built at a location other than the
permanent site; and
(3) designed to be used as a permanent residential structure
when the module or the modular component is transported to the
permanent site and erected or installed on a permanent foundation
system.
(b) Industrialized housing includes the structure's plumbing,
heating, air conditioning, and electrical systems.
(c) Industrialized housing does not include:
(1) a residential structure that exceeds three stories or 49
feet in height;
(2) housing constructed of a sectional or panelized system that
does not use a modular component; or
(3) a ready-built home constructed in a manner in which the
entire living area is contained in a single unit or section at a
temporary location for the purpose of selling and moving the home
to another location.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
698, Sec. 1, eff. September 1, 2009.
Sec. 1202.003. DEFINITION OF INDUSTRIALIZED BUILDING. (a) An
industrialized building is a commercial structure that is:
(1) constructed in one or more modules or constructed using one
or more modular components built at a location other than the
commercial site; and
(2) designed to be used as a commercial building when the module
or the modular component is transported to the commercial site
and erected or installed.
(b) An industrialized building includes the structure's
plumbing, heating, air conditioning, and electrical systems.
(c) Repealed by Acts 2005, 79th Leg., Ch. 714, Sec. 5, eff.
September 1, 2005.
(d) An industrialized building includes a permanent commercial
structure and a commercial structure designed to be transported
from one commercial site to another commercial site but does not
include:
(1) a commercial structure that exceeds three stories or 49 feet
in height; or
(2) a commercial building or structure that is:
(A) installed in a manner other than on a permanent foundation;
and
(B) either:
(i) not open to the public; or
(ii) less than 1,500 square feet in total area and used other
than as a school or a place of religious worship.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.002, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
714, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
714, Sec. 5, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
698, Sec. 2, eff. September 1, 2009.
Sec. 1202.004. RELOCATABLE EDUCATIONAL FACILITIES. (a) In this
section, "relocatable educational facility" means a portable,
modular building capable of being relocated, regardless of
whether the facility is built at the installation site, that is
used primarily as an educational facility for teaching the
curriculum required under Section 28.002, Education Code.
(b) A relocatable educational facility that is purchased or
leased on or after January 1, 2010, must comply with all
provisions applicable to industrialized buildings under this
chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
698, Sec. 3, eff. September 1, 2009.
SUBCHAPTER B. TEXAS INDUSTRIALIZED BUILDING CODE COUNCIL
Sec. 1202.051. COUNCIL MEMBERSHIP. The Texas Industrialized
Building Code Council consists of 12 members appointed by the
governor as follows:
(1) three members who represent the industrialized housing and
building industries;
(2) three members who represent municipal building officials
from municipalities with a population of more than 25,000;
(3) three members who represent general contractors who
construct housing or buildings on-site;
(4) one member who is an engineer licensed in this state who
acts as a structural engineer;
(5) one member who is an engineer licensed in this state who
acts as an electrical engineer; and
(6) one member who is an architect registered in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.052. MEMBERSHIP RESTRICTIONS. An engineer or
architect member of the council may not:
(1) be designated as, be employed by, or have an ownership
interest in, an entity that is a third-party inspector or design
review agency;
(2) have an ownership interest in a business that manufactures
or builds industrialized housing or buildings;
(3) in a capacity relating to a matter subject to council
review, be employed by or be a paid consultant to a manufacturer
or builder of industrialized housing or buildings; or
(4) be an officer, employee, or paid consultant of a trade
association that represents the industrialized housing or
building industry.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.053. TERMS. Council members serve staggered two-year
terms, with the terms of half of the members expiring on February
1 of each even-numbered year and the terms of the other half of
the members expiring on February 1 of each odd-numbered year.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.054. PRESIDING OFFICER. The council shall annually
elect one of its members as the council's presiding officer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.055. SECRETARY; PERSONNEL. The executive director
shall:
(1) act as secretary of the council; and
(2) provide personnel from the department necessary to perform
staff functions for the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.026, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.264, eff.
Sept. 1, 2003.
Sec. 1202.056. REIMBURSEMENT. (a) A council member may be
reimbursed for actual costs of travel to attend meetings but may
not receive a per diem allowance for food or lodging.
(b) The travel costs shall be paid out of fees collected by the
department under Section 1202.104.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.057. QUORUM. The vote of at least seven members
present at a meeting or the written approval of at least seven
members is required for the council to take an action or make a
decision.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
SUBCHAPTER C. COUNCIL AND COMMISSION POWERS AND DUTIES
Sec. 1202.101. RULES; ORDERS. (a) The commission shall adopt
rules and issue orders as necessary to:
(1) ensure compliance with the purposes of this chapter; and
(2) provide for uniform enforcement of this chapter.
(b) The commission shall adopt rules as appropriate to implement
the council's actions, decisions, interpretations, and
instructions.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.003, eff.
Sept. 1, 2003.
Sec. 1202.102. RULES PROVIDING FOR REGISTRATION AND REGULATION.
The commission by rule shall provide for registration and
regulation of manufacturers or builders of industrialized housing
or buildings.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.004, eff.
Sept. 1, 2003.
Sec. 1202.104. FEES. (a) The commission shall set fees, in
amounts sufficient to cover the costs of the inspections
described by this chapter and the administration of this chapter,
for:
(1) the registration of manufacturers or builders of
industrialized housing or buildings;
(2) the inspection of industrialized housing or buildings; and
(3) the issuance of decals or insignia required under Section
1202.204.
(b) The fees shall be paid to the comptroller and placed in the
general revenue fund, except that a fee for an inspection may be
paid directly to an approved third-party inspector who performs
the inspection.
(c) The building and permit fees charged by a municipality for
an inspection of industrialized housing or buildings to be
located in the municipality may not exceed the fees charged for
the equivalent inspection of a building constructed on-site.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.005, eff.
Sept. 1, 2003.
Sec. 1202.105. APPROVAL OF THIRD-PARTY INSPECTORS AND DESIGN
REVIEW AGENCIES. (a) The council shall establish criteria for
the approval of, and approve accordingly, all third-party
inspectors and design review agencies.
(b) The executive director shall recommend qualified third-party
inspectors and design review agencies to the council.
(c) The executive director shall publish a list of all approved
inspectors and design review agencies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.027, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.266, eff.
Sept. 1, 2003.
Sec. 1202.106. APPLICABILITY OF OTHER LAW. Sections 51.401 and
51.404 do not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 10.006, eff. Sept.
1, 2003.
SUBCHAPTER D. REQUIREMENTS AND STANDARDS FOR INDUSTRIALIZED
HOUSING AND BUILDINGS
Sec. 1202.151. BUILDING CODES. (a) In addition to complying
with Subsection (b) or (c), as applicable, industrialized housing
and buildings must be constructed to meet or exceed the
requirements and standards of the National Electrical Code,
published by the National Fire Protection Association, as that
code existed on January 1, 1985.
(b) Industrialized housing and buildings erected or installed in
a municipality must be constructed to meet or exceed the
requirements and standards of whichever of the following two
groups of codes is used by the municipality:
(1) the Uniform Building Code, Uniform Plumbing Code, and
Uniform Mechanical Code, published by the International
Conference of Building Officials, as those codes existed on
January 1, 1985; or
(2) the Standard Building Code, Standard Mechanical Code,
Standard Plumbing Code, and Standard Gas Code, published by the
Southern Building Code Congress International, Inc., as those
codes existed on January 1, 1985.
(c) Industrialized housing and buildings erected or installed
outside a municipality or in a municipality that does not use a
building code group described by Subsection (b)(1) or (2) must be
constructed to meet or exceed the requirements and standards of
whichever of those building code groups is selected by the
manufacturer of the housing or buildings.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.152. BUILDING CODE AMENDMENT. If a code described by
Section 1202.151 is amended after January 1, 1985, the
requirements and standards of the amended code shall be used in
place of the January 1, 1985, edition if the council determines
that use of the amended code is:
(1) in the public interest; and
(2) consistent with the purposes of this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.153. BUILDING CODE AMENDMENT: MUNICIPALITY OR OTHER
POLITICAL SUBDIVISION. (a) A municipality or other political
subdivision may not require or enforce, as a prerequisite for
granting or approving a building or construction permit or
certificate of occupancy, an amendment to a code described by
Section 1202.151.
(b) On the petition of a local building official and after a
hearing, the council may require a reasonable amendment to a
building code group described by Section 1202.151(b)(1) or (2)
that the council determines to be essential for public health and
safety. The amendment shall be applied uniformly on a statewide
basis.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.1535. EFFECT OF BUILDING CODE AMENDMENT. (a) An
industrialized building that bears an approved decal or insignia
indicating that the building complies with the mandatory building
codes and that has not been modified or altered is considered to
be in compliance with a new mandatory building code adopted by
the council or an amendment to a code approved by the council
under Section 1202.152 or 1202.153.
(b) The owner of an industrialized building designed to be
transported from one commercial site to another that bears an
approved decal or insignia indicating the building complies with
the mandatory building codes and that is modified or altered
after the date the council adopts a new mandatory building code
or the council approves a building code amendment must ensure
that the modified or altered building complies with the
requirements and standards of the new building code or amendment
to the extent required by the most recent edition of the
International Existing Building Code adopted by the council.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 10.007, eff. Sept.
1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
698, Sec. 4, eff. September 1, 2009.
Sec. 1202.154. DESIGN REVIEW. To ensure compliance with the
mandatory building codes, the department or approved design
review agency shall review all designs, plans, and specifications
of industrialized housing and buildings in accordance with
council interpretations and instructions.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.008, eff.
Sept. 1, 2003.
Sec. 1202.155. COUNCIL STAMP OF APPROVAL. (a) The department
or approved design review agency shall place the council's stamp
of approval on each page of the designs, plans, and
specifications of industrialized housing and buildings that:
(1) meet or exceed the code standards and requirements under
council interpretations and instructions; and
(2) are approved by the department or design review agency.
(b) Each page of the designs, plans, and specifications must
bear the council's stamp of approval if the designs, plans, and
specifications satisfy the requirements of Subsection (a)(1) and
are approved in accordance with Subsection (a)(2).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.156. COUNCIL DETERMINATION OF CERTAIN QUESTIONS
RELATED TO INDUSTRIALIZED HOUSING AND BUILDINGS. (a) The
council shall determine all questions raised by a municipality in
connection with the review of designs, plans, and specifications
of industrialized housing and buildings, as authorized by Section
1202.252.
(b) With reference to the standards and requirements of the
mandatory building codes, the council shall determine, from an
engineering performance standpoint, all questions concerning:
(1) code equivalency; or
(2) alternative materials or methods of construction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.009, eff.
Sept. 1, 2003.
Sec. 1202.157. COUNCIL DECISIONS BINDING. The decisions,
actions, and interpretations of the council are binding on the
department, third-party inspectors, design review agencies, and
municipalities and other political subdivisions.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
SUBCHAPTER E. INSPECTIONS
Sec. 1202.201. INSPECTION PROCEDURES. The council may issue
instructions to establish procedures for inspecting the
construction and installation of industrialized housing and
buildings to ensure compliance with approved designs, plans, and
specifications.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1202.202. DEPARTMENT INSPECTIONS. (a) To ensure
compliance with the mandatory building codes or approved designs,
plans, and specifications, the department shall inspect the
construction of industrialized housing and buildings. The
executive director may designate approved third-party inspectors
to perform the inspections subject to the rules of the
commission.
(b) Local building officials may witness department inspections
to enable the local officials to make recommendations on
inspection procedures to the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.010, eff.
Sept. 1, 2003.
Sec. 1202.203. ON-SITE INSPECTIONS. (a) A municipal building
official shall inspect all construction involving industrialized
housing and buildings to be located in the municipality to ensure
compliance with designs, plans, and specifications, including
inspection of:
(1) the construction of the foundation system; and
(2) the erection and installation of the modules or modular
components on the foundation.
(b) An approved third-party inspector shall perform on-site
inspections of industrialized housing to be located outside the
municipality.
(c) An inspection under Subsection (a) shall be conducted:
(1) at the permanent site, if the inspection is of
industrialized housing; and
(2) at the commercial site, if the inspection is of
industrialized buildings.
(d) If required by commission rule, an approved third-party
inspector shall perform on-site inspections of industrialized
buildings to be located outside the municipality.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.011, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
714, Sec. 3, eff. September 1, 2005.
Sec. 1202.204. RULES PROVIDING FOR DECALS OR INSIGNIA. (a) The
commission by rule shall provide for the placement of decals or
insignia on each transportable modular section or modular
component to indicate compliance with the mandatory building
codes.
(b) The commission by rule shall exempt a construction site
building from the requirements of this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.012, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
714, Sec. 4, eff. September 1, 2005.
Sec. 1202.205. RECIPROCITY. (a) The commission by rule may
authorize an inspection of industrialized housing or buildings
constructed in another state to be performed by an inspector of
the equivalent regulatory agency of the other state.
(b) The commission by rule may authorize an inspection of
industrialized housing or buildings constructed in this state for
use in another state.
(c) The commission shall enter into a reciprocity agreement with
the equivalent regulatory agency of the other state as necessary
to implement this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.013, eff.
Sept. 1, 2003.
SUBCHAPTER F. MUNICIPAL AUTHORITY
Sec. 1202.251. RESERVATION OF MUNICIPAL AUTHORITY. (a)
Municipal authority is specifically and entirely reserved to a
municipality, including, as applicable:
(1) land use and zoning requirements;
(2) building setback requirements;
(3) side and rear yard requirements;
(4) site planning and development and property line
requirements;
(5) subdivision control; and
(6) landscape architectural requirements.
(b) Except as provided by Section 1202.253, requirements and
regulations not in conflict with this chapter or with other state
law relating to transportation, erection, installation, or use of
industrialized housing or buildings must be reasonably and
uniformly applied and enforced without distinctions as to whether
the housing or buildings are manufactured or are constructed
on-site.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 363, Sec. 1, eff. June
18, 2003; Acts 2003, 78th Leg., ch. 816, Sec. 10.014, eff. Sept.
1, 2003.
Sec. 1202.252. MUNICIPAL REGULATION OF INDUSTRIALIZED HOUSING
AND BUILDINGS. (a) A municipality that regulates the on-site
construction or installation of industrialized housing and
buildings may:
(1) require and review, for compliance with mandatory building
codes, a complete set of designs, plans, and specifications
bearing the council's stamp of approval for each installation of
industrialized housing or buildings in the municipality;
(2) require that all applicable local permits and licenses be
obtained before construction begins on a building site;
(3) require, in accordance with commission rules, that all
modules or modular components bear an approved decal or insignia
indicating inspection by the department; and
(4) establish procedures for the inspection of:
(A) the erection and installation of industrialized housing or
buildings to be located in the municipality, to ensure compliance
with mandatory building codes and commission rules; and
(B) all foundation and other on-site construction, to ensure
compliance with approved designs, plans, and specifications.
(b) Procedures described by Subsection (a)(4) may require:
(1) before occupancy, a final inspection or test in accordance
with mandatory building codes; and
(2) correction of any deficiency identified by the test or
discovered in the final inspection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.015, eff.
Sept. 1, 2003.
Sec. 1202.253. MUNICIPAL REGULATION OF SINGLE-FAMILY AND DUPLEX
INDUSTRIALIZED HOUSING. (a) Single-family or duplex
industrialized housing must have all local permits and licenses
that are applicable to other single-family or duplex dwellings.
(b) For purposes of this section, single-family or duplex
industrialized housing is real property.
(c) A municipality may adopt regulations that require
single-family or duplex industrialized housing to:
(1) have a value equal to or greater than the median taxable
value for each single-family dwelling located within 500 feet of
the lot on which the industrialized housing is proposed to be
located, as determined by the most recent certified tax appraisal
roll for each county in which the properties are located;
Text of subsec. (c)(2) as added by Acts 2003, 78th Leg., ch. 816,
Sec. 10.016
(2) have exterior siding, roofing, roofing pitch, foundation
fascia, and fenestration compatible with the single-family
dwellings located within 500 feet of the lot on which the
industrialized housing is proposed to be located;
Text of subsec. (c)(2) as added by Acts 2003, 78th Leg., ch. 363,
Sec. 2
(2) have exterior siding, roofing, roof pitch, foundation
fascia, and fenestration compatible with the single-family
dwellings located within 500 feet of the lot on which the
industrialized housing is proposed to be located;
(3) comply with municipal aesthetic standards, building
setbacks, side and rear yard offsets, subdivision control,
architectural landscaping, square footage, and other site
requirements applicable to single-family dwellings; or
(4) be securely fixed to a permanent foundation.
(d) For purposes of Subsection (c), "value" means the taxable
value of the industrialized housing and the lot after
installation of the housing.
(e) Except as provided by Subsection (c), a municipality may not
adopt a regulation under this section that is more restrictive
for industrialized housing than that required for a new
single-family or duplex dwelling constructed on-site.
(f) This section does not:
(1) limit the authority of a municipality to adopt regulations
to protect historic properties or historic districts; or
(2) affect deed restrictions.
Added by Acts 2003, 78th Leg., ch. 363, Sec. 2, eff. June 18,
2003; Acts 2003, 78th Leg., ch. 816, Sec. 10.016, eff. Sept. 1,
2003.
SUBCHAPTER G. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES
Sec. 1202.301. PROHIBITED PRACTICES. (a) In this section,
"person" means an individual, partnership, company, corporation,
association, or other group, however organized.
(b) A person may not construct, sell or offer to sell, lease or
offer to lease, or transport over a street or highway of this
state any industrialized housing or building, or modular section
or component of a modular section, in violation of this chapter
or a rule of the commission or order of the commission or
executive director.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.017, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.270, eff.
Sept. 1, 2003.
Sec. 1202.302. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. In
addition to imposing sanctions allowed under Section 51.353, the
commission may deny, permanently revoke, or suspend for a
definite period and specified location or geographic area a
certificate of registration if the commission finds that the
applicant or registrant:
(1) provided false information on an application or other
document filed with the department;
(2) failed to pay a fee or file a report required by the
department for the administration or enforcement of this chapter;
(3) engaged in a false, misleading, or deceptive act or practice
as described by Subchapter E, Chapter 17, Business & Commerce
Code; or
(4) violated:
(A) this chapter;
(B) a rule adopted by the commission or order issued by the
commission or the executive director under this chapter; or
(C) a decision, action, or interpretation of the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.018, eff.
Sept. 1, 2003.
SUBCHAPTER H. PENALTIES
Sec. 1202.351. CRIMINAL PENALTY. (a) In this section, "person"
has the meaning assigned by Section 1202.301.
(b) A person commits an offense if the person violates this
chapter or a published rule of the commission or order of the
commission or the executive director.
(c) An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.019, eff.
Sept. 1, 2003.