State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2005-miscellaneous-provisions-relating-to-state-licenses-and-permits

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE

CHAPTER 2005. MISCELLANEOUS PROVISIONS RELATING TO STATE LICENSES

AND PERMITS

SUBCHAPTER A. PERMIT PROCESSING

Sec. 2005.001. DEFINITIONS. In this subchapter:

(1) "Permit" means an authorization by a license, certificate,

registration, or other form that is required by law or state

agency rules to engage in a particular business.

(2) "State agency" means a department, board, bureau,

commission, division, office, council, or other agency of the

state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 4, eff. September 1, 2007.

Sec. 2005.002. EXCEPTIONS. This subchapter does not apply to a

permit:

(1) for which an agency's median time during the preceding

calendar year for processing a permit application from receipt of

the initial application to the final permit decision did not

exceed seven days;

(2) issued in connection with any form of gaming or gambling; or

(3) issued under the Alcoholic Beverage Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 5, eff. September 1, 2007.

Sec. 2005.003. PERMIT PROCESSING PERIODS. (a) A state agency

that issues permits shall adopt procedural rules for processing

permit applications and issuing permits.

(b) The rules must specify:

(1) the period, beginning on the date the agency receives an

initial permit application, in which the agency must provide

written notice to the applicant:

(A) stating that the permit application is complete and accepted

for filing; or

(B) stating that the permit application is incomplete and

specifying the additional information required for acceptance;

and

(2) the period, beginning on the date the agency receives a

complete permit application, in which the agency must deny or

approve the permit application.

(c) A state agency may establish separate rules under this

section for contested and uncontested cases.

(d) A state agency shall publish with rules proposed under this

section:

(1) a statement of the agency's minimum, maximum, and median

times for processing a permit application from the date the

agency received an initial permit application to the date of the

final permit decision using the agency's performance in the 12

months preceding the date the proposed rules are published; and

(2) a justification of the periods proposed by the rules.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2005.004. GOOD CAUSE. A state agency has good cause to

exceed the period it establishes for processing a permit

application if:

(1) the number of permit applications to be processed exceeds by

at least 15 percent the number of permit applications processed

in the same quarter of the previous calendar year;

(2) the agency must rely on another public or private entity to

process all or a part of the permit applications received by the

agency, and the delay is caused by that entity; or

(3) other conditions exist that give the agency good cause for

exceeding the established period.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2005.005. DUTY OF HEAD OF AGENCY. The head of each state

agency shall ensure that the agency complies with this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 6, eff. September 1, 2007.

Sec. 2005.006. COMPLAINT PROCEDURE. (a) A state agency subject

to this subchapter shall establish by rule a complaint procedure

through which a permit applicant can:

(1) complain directly to the chief administrator of the agency

if the agency exceeds the established period for processing

permits; and

(2) request a timely resolution of any dispute arising from the

delay.

(b) The rules must provide for the reimbursement of all filing

fees paid by the applicant for a permit application if the chief

administrator of the state agency determines that:

(1) the agency exceeded the established period for permit

processing; and

(2) the agency did not establish good cause for exceeding the

established period.

(c) The state agency shall include information about the

complaint procedure in permit application forms issued by the

agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 7, eff. September 1, 2007.

Sec. 2005.007. REPORTS. (a) A state agency that issues permits

shall report biennially to the governor and the legislature on

its permit application system.

(b) The report must include:

(1) a statement of the periods the agency has adopted under this

subchapter for processing each type of permit it issues,

specifying any changes the agency made since the last report;

(2) a statement of the minimum, maximum, and median times for

processing each type of permit during the period since the last

report from the date the agency receives the initial permit

application to the final permit decision;

(3) a description of the complaint procedure required by Section

2005.006;

(4) a summary of the number and disposition of complaints

received by the agency under Section 2005.006 since the last

report; and

(5) a description of specific actions taken by the agency since

the last report to simplify and improve its permit application,

processing, and paperwork requirements.

(c) A state agency shall include the information required by

Subsection (b) in each performance report the agency submits to

the Legislative Budget Board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 8, eff. September 1, 2007.

SUBCHAPTER B. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE

STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION

Sec. 2005.051. DEFINITIONS. In this subchapter:

(1) "License" means a license, certificate, registration,

permit, or other authorization:

(A) that is issued by a licensing authority;

(B) that is subject before expiration to suspension, revocation,

forfeiture, or termination by the issuing licensing authority;

and

(C) that a person must obtain to:

(i) practice or engage in a particular business, occupation, or

profession; or

(ii) engage in any other regulated activity, including hunting,

fishing, or other recreational activity for which a license or

permit is required.

(2) "Licensing authority" means an agency of the executive,

legislative, or judicial branch of state government that issues a

license.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.

Sec. 2005.052. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE

STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION.

(a) A licensing authority may deny a person's application for a

license or suspend or revoke a person's license if the licensing

authority determines, after notice and hearing, that the person

knowingly:

(1) made a false statement in connection with applying for or

renewing the license;

(2) made a material misrepresentation to the licensing authority

in connection with applying for or renewing the license;

(3) refused to provide information requested by the licensing

authority; or

(4) failed to provide all of the person's criminal history

information in response to the licensing authority's request for

the information.

(b) A denial, suspension, or revocation by a licensing authority

under this section is governed by the administrative procedures

that apply to other disciplinary actions taken by the licensing

authority.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.

Sec. 2005.053. CRIMINAL PROSECUTION. A person who knowingly

makes a false statement in connection with applying for or

renewing a license may be subject to criminal prosecution under

Section 37.10, Penal Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.

State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2005-miscellaneous-provisions-relating-to-state-licenses-and-permits

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE

CHAPTER 2005. MISCELLANEOUS PROVISIONS RELATING TO STATE LICENSES

AND PERMITS

SUBCHAPTER A. PERMIT PROCESSING

Sec. 2005.001. DEFINITIONS. In this subchapter:

(1) "Permit" means an authorization by a license, certificate,

registration, or other form that is required by law or state

agency rules to engage in a particular business.

(2) "State agency" means a department, board, bureau,

commission, division, office, council, or other agency of the

state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 4, eff. September 1, 2007.

Sec. 2005.002. EXCEPTIONS. This subchapter does not apply to a

permit:

(1) for which an agency's median time during the preceding

calendar year for processing a permit application from receipt of

the initial application to the final permit decision did not

exceed seven days;

(2) issued in connection with any form of gaming or gambling; or

(3) issued under the Alcoholic Beverage Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 5, eff. September 1, 2007.

Sec. 2005.003. PERMIT PROCESSING PERIODS. (a) A state agency

that issues permits shall adopt procedural rules for processing

permit applications and issuing permits.

(b) The rules must specify:

(1) the period, beginning on the date the agency receives an

initial permit application, in which the agency must provide

written notice to the applicant:

(A) stating that the permit application is complete and accepted

for filing; or

(B) stating that the permit application is incomplete and

specifying the additional information required for acceptance;

and

(2) the period, beginning on the date the agency receives a

complete permit application, in which the agency must deny or

approve the permit application.

(c) A state agency may establish separate rules under this

section for contested and uncontested cases.

(d) A state agency shall publish with rules proposed under this

section:

(1) a statement of the agency's minimum, maximum, and median

times for processing a permit application from the date the

agency received an initial permit application to the date of the

final permit decision using the agency's performance in the 12

months preceding the date the proposed rules are published; and

(2) a justification of the periods proposed by the rules.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2005.004. GOOD CAUSE. A state agency has good cause to

exceed the period it establishes for processing a permit

application if:

(1) the number of permit applications to be processed exceeds by

at least 15 percent the number of permit applications processed

in the same quarter of the previous calendar year;

(2) the agency must rely on another public or private entity to

process all or a part of the permit applications received by the

agency, and the delay is caused by that entity; or

(3) other conditions exist that give the agency good cause for

exceeding the established period.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2005.005. DUTY OF HEAD OF AGENCY. The head of each state

agency shall ensure that the agency complies with this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 6, eff. September 1, 2007.

Sec. 2005.006. COMPLAINT PROCEDURE. (a) A state agency subject

to this subchapter shall establish by rule a complaint procedure

through which a permit applicant can:

(1) complain directly to the chief administrator of the agency

if the agency exceeds the established period for processing

permits; and

(2) request a timely resolution of any dispute arising from the

delay.

(b) The rules must provide for the reimbursement of all filing

fees paid by the applicant for a permit application if the chief

administrator of the state agency determines that:

(1) the agency exceeded the established period for permit

processing; and

(2) the agency did not establish good cause for exceeding the

established period.

(c) The state agency shall include information about the

complaint procedure in permit application forms issued by the

agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 7, eff. September 1, 2007.

Sec. 2005.007. REPORTS. (a) A state agency that issues permits

shall report biennially to the governor and the legislature on

its permit application system.

(b) The report must include:

(1) a statement of the periods the agency has adopted under this

subchapter for processing each type of permit it issues,

specifying any changes the agency made since the last report;

(2) a statement of the minimum, maximum, and median times for

processing each type of permit during the period since the last

report from the date the agency receives the initial permit

application to the final permit decision;

(3) a description of the complaint procedure required by Section

2005.006;

(4) a summary of the number and disposition of complaints

received by the agency under Section 2005.006 since the last

report; and

(5) a description of specific actions taken by the agency since

the last report to simplify and improve its permit application,

processing, and paperwork requirements.

(c) A state agency shall include the information required by

Subsection (b) in each performance report the agency submits to

the Legislative Budget Board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 8, eff. September 1, 2007.

SUBCHAPTER B. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE

STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION

Sec. 2005.051. DEFINITIONS. In this subchapter:

(1) "License" means a license, certificate, registration,

permit, or other authorization:

(A) that is issued by a licensing authority;

(B) that is subject before expiration to suspension, revocation,

forfeiture, or termination by the issuing licensing authority;

and

(C) that a person must obtain to:

(i) practice or engage in a particular business, occupation, or

profession; or

(ii) engage in any other regulated activity, including hunting,

fishing, or other recreational activity for which a license or

permit is required.

(2) "Licensing authority" means an agency of the executive,

legislative, or judicial branch of state government that issues a

license.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.

Sec. 2005.052. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE

STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION.

(a) A licensing authority may deny a person's application for a

license or suspend or revoke a person's license if the licensing

authority determines, after notice and hearing, that the person

knowingly:

(1) made a false statement in connection with applying for or

renewing the license;

(2) made a material misrepresentation to the licensing authority

in connection with applying for or renewing the license;

(3) refused to provide information requested by the licensing

authority; or

(4) failed to provide all of the person's criminal history

information in response to the licensing authority's request for

the information.

(b) A denial, suspension, or revocation by a licensing authority

under this section is governed by the administrative procedures

that apply to other disciplinary actions taken by the licensing

authority.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.

Sec. 2005.053. CRIMINAL PROSECUTION. A person who knowingly

makes a false statement in connection with applying for or

renewing a license may be subject to criminal prosecution under

Section 37.10, Penal Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2005-miscellaneous-provisions-relating-to-state-licenses-and-permits

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE

CHAPTER 2005. MISCELLANEOUS PROVISIONS RELATING TO STATE LICENSES

AND PERMITS

SUBCHAPTER A. PERMIT PROCESSING

Sec. 2005.001. DEFINITIONS. In this subchapter:

(1) "Permit" means an authorization by a license, certificate,

registration, or other form that is required by law or state

agency rules to engage in a particular business.

(2) "State agency" means a department, board, bureau,

commission, division, office, council, or other agency of the

state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 4, eff. September 1, 2007.

Sec. 2005.002. EXCEPTIONS. This subchapter does not apply to a

permit:

(1) for which an agency's median time during the preceding

calendar year for processing a permit application from receipt of

the initial application to the final permit decision did not

exceed seven days;

(2) issued in connection with any form of gaming or gambling; or

(3) issued under the Alcoholic Beverage Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 5, eff. September 1, 2007.

Sec. 2005.003. PERMIT PROCESSING PERIODS. (a) A state agency

that issues permits shall adopt procedural rules for processing

permit applications and issuing permits.

(b) The rules must specify:

(1) the period, beginning on the date the agency receives an

initial permit application, in which the agency must provide

written notice to the applicant:

(A) stating that the permit application is complete and accepted

for filing; or

(B) stating that the permit application is incomplete and

specifying the additional information required for acceptance;

and

(2) the period, beginning on the date the agency receives a

complete permit application, in which the agency must deny or

approve the permit application.

(c) A state agency may establish separate rules under this

section for contested and uncontested cases.

(d) A state agency shall publish with rules proposed under this

section:

(1) a statement of the agency's minimum, maximum, and median

times for processing a permit application from the date the

agency received an initial permit application to the date of the

final permit decision using the agency's performance in the 12

months preceding the date the proposed rules are published; and

(2) a justification of the periods proposed by the rules.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2005.004. GOOD CAUSE. A state agency has good cause to

exceed the period it establishes for processing a permit

application if:

(1) the number of permit applications to be processed exceeds by

at least 15 percent the number of permit applications processed

in the same quarter of the previous calendar year;

(2) the agency must rely on another public or private entity to

process all or a part of the permit applications received by the

agency, and the delay is caused by that entity; or

(3) other conditions exist that give the agency good cause for

exceeding the established period.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2005.005. DUTY OF HEAD OF AGENCY. The head of each state

agency shall ensure that the agency complies with this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 6, eff. September 1, 2007.

Sec. 2005.006. COMPLAINT PROCEDURE. (a) A state agency subject

to this subchapter shall establish by rule a complaint procedure

through which a permit applicant can:

(1) complain directly to the chief administrator of the agency

if the agency exceeds the established period for processing

permits; and

(2) request a timely resolution of any dispute arising from the

delay.

(b) The rules must provide for the reimbursement of all filing

fees paid by the applicant for a permit application if the chief

administrator of the state agency determines that:

(1) the agency exceeded the established period for permit

processing; and

(2) the agency did not establish good cause for exceeding the

established period.

(c) The state agency shall include information about the

complaint procedure in permit application forms issued by the

agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 7, eff. September 1, 2007.

Sec. 2005.007. REPORTS. (a) A state agency that issues permits

shall report biennially to the governor and the legislature on

its permit application system.

(b) The report must include:

(1) a statement of the periods the agency has adopted under this

subchapter for processing each type of permit it issues,

specifying any changes the agency made since the last report;

(2) a statement of the minimum, maximum, and median times for

processing each type of permit during the period since the last

report from the date the agency receives the initial permit

application to the final permit decision;

(3) a description of the complaint procedure required by Section

2005.006;

(4) a summary of the number and disposition of complaints

received by the agency under Section 2005.006 since the last

report; and

(5) a description of specific actions taken by the agency since

the last report to simplify and improve its permit application,

processing, and paperwork requirements.

(c) A state agency shall include the information required by

Subsection (b) in each performance report the agency submits to

the Legislative Budget Board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 8, eff. September 1, 2007.

SUBCHAPTER B. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE

STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION

Sec. 2005.051. DEFINITIONS. In this subchapter:

(1) "License" means a license, certificate, registration,

permit, or other authorization:

(A) that is issued by a licensing authority;

(B) that is subject before expiration to suspension, revocation,

forfeiture, or termination by the issuing licensing authority;

and

(C) that a person must obtain to:

(i) practice or engage in a particular business, occupation, or

profession; or

(ii) engage in any other regulated activity, including hunting,

fishing, or other recreational activity for which a license or

permit is required.

(2) "Licensing authority" means an agency of the executive,

legislative, or judicial branch of state government that issues a

license.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.

Sec. 2005.052. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE

STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION.

(a) A licensing authority may deny a person's application for a

license or suspend or revoke a person's license if the licensing

authority determines, after notice and hearing, that the person

knowingly:

(1) made a false statement in connection with applying for or

renewing the license;

(2) made a material misrepresentation to the licensing authority

in connection with applying for or renewing the license;

(3) refused to provide information requested by the licensing

authority; or

(4) failed to provide all of the person's criminal history

information in response to the licensing authority's request for

the information.

(b) A denial, suspension, or revocation by a licensing authority

under this section is governed by the administrative procedures

that apply to other disciplinary actions taken by the licensing

authority.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.

Sec. 2005.053. CRIMINAL PROSECUTION. A person who knowingly

makes a false statement in connection with applying for or

renewing a license may be subject to criminal prosecution under

Section 37.10, Penal Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 3, eff. September 1, 2007.


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