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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension or revocation of a state-issued license |
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if the applicant for the license makes a false statement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 2005, Government Code, is |
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amended to read as follows: |
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CHAPTER 2005. MISCELLANEOUS PROVISIONS RELATING TO STATE LICENSES |
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AND PERMITS [PERMIT PROCESSING] |
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SECTION 2. Sections 2005.001-2005.007, Government Code, |
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are designated as Subchapter A, Chapter 2005, Government Code, and |
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a subchapter heading is added to read as follows: |
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SUBCHAPTER A. PERMIT PROCESSING |
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SECTION 3. Chapter 2005, Government Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. SUSPENSION OR REVOCATION FOR FALSE STATEMENT |
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Sec. 2005.051. DEFINITIONS. In this subchapter: |
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(1) "License" means a license, certificate, |
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registration, permit, or other authorization: |
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(A) that is issued by a licensing authority; |
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(B) that is subject before expiration to |
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suspension, revocation, forfeiture, or termination by the issuing |
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licensing authority; and |
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(C) that a person must obtain to: |
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(i) practice or engage in a particular |
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business, occupation, or profession; |
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(ii) operate a motor vehicle; or |
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(iii) engage in any other regulated |
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activity, including hunting, fishing, or other recreational |
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activity for which a license or permit is required. |
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(2) "Licensing authority" means an agency of the |
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executive, legislative, or judicial branch of state government that |
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issues a license. |
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Sec. 2005.052. SUSPENSION OR REVOCATION FOR FALSE |
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STATEMENT. (a) A licensing authority may suspend or revoke a |
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person's license if the licensing authority determines, after |
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notice and hearing, that the person knowingly made a false |
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statement in connection with applying for or renewing the license. |
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(b) A suspension or revocation by a licensing authority |
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under this section is governed by the administrative procedures |
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that apply to other disciplinary actions taken by the licensing |
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authority. |
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SECTION 4. Section 2005.001, Government Code, is amended to |
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read as follows: |
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Sec. 2005.001. DEFINITIONS. In this subchapter [chapter]: |
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(1) "Permit" means an authorization by a license, |
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certificate, registration, or other form that is required by law or |
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state agency rules to engage in a particular business. |
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(2) "State agency" means a department, board, bureau, |
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commission, division, office, council, or other agency of the |
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state. |
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SECTION 5. Section 2005.002, Government Code, is amended to |
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read as follows: |
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Sec. 2005.002. EXCEPTIONS. This subchapter [chapter] does |
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not apply to a permit: |
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(1) for which an agency's median time during the |
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preceding calendar year for processing a permit application from |
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receipt of the initial application to the final permit decision did |
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not exceed seven days; |
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(2) issued in connection with any form of gaming or |
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gambling; or |
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(3) issued under the Alcoholic Beverage Code. |
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SECTION 6. Section 2005.005, Government Code, is amended to |
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read as follows: |
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Sec. 2005.005. DUTY OF HEAD OF AGENCY. The head of each |
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state agency shall ensure that the agency complies with this |
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subchapter [chapter]. |
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SECTION 7. Section 2005.006(a), Government Code, is amended |
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to read as follows: |
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(a) A state agency subject to this subchapter [chapter] |
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shall establish by rule a complaint procedure through which a |
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permit applicant can: |
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(1) complain directly to the chief administrator of |
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the agency if the agency exceeds the established period for |
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processing permits; and |
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(2) request a timely resolution of any dispute arising |
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from the delay. |
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SECTION 8. Section 2005.007(b), Government Code, is amended |
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to read as follows: |
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(b) The report must include: |
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(1) a statement of the periods the agency has adopted |
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under this subchapter [chapter] for processing each type of permit |
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it issues, specifying any changes the agency made since the last |
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report; |
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(2) a statement of the minimum, maximum, and median |
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times for processing each type of permit during the period since the |
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last report from the date the agency receives the initial permit |
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application to the final permit decision; |
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(3) a description of the complaint procedure required |
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by Section 2005.006; |
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(4) a summary of the number and disposition of |
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complaints received by the agency under Section 2005.006 since the |
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last report; and |
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(5) a description of specific actions taken by the |
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agency since the last report to simplify and improve its permit |
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application, processing, and paperwork requirements. |
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SECTION 9. Subchapter B, Chapter 2005, Government Code, as |
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added by this Act, applies only to a statement made, in connection |
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with applying for or renewing a license, on or after the effective |
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date of this Act. |
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SECTION 10. This Act takes effect September 1, 2007. |