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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of an administrative penalty for certain |
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violations of the law regulating plumbing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1301.704, Occupations Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) Failure to request a hearing or accept the determination |
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and recommended penalty within the time provided by this section |
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waives the right to a hearing under this chapter. |
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(d) If the board determines without a hearing that the |
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person committed a violation and a penalty is to be imposed, the |
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board shall: |
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(1) provide written notice to the person of the board's |
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findings; and |
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(2) enter an order requiring the person to pay the |
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recommended penalty. |
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SECTION 2. Section 1301.705(a), Occupations Code, is |
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amended to read as follows: |
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(a) If the person requests a hearing [or fails to respond in
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a timely manner to the notice], the enforcement committee shall set |
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a hearing and give written notice of the hearing to the person. An |
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administrative law judge of the State Office of Administrative |
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Hearings shall hold the hearing. |
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SECTION 3. The change in law made by this Act to Section |
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1301.704, Occupations Code, applies only to imposition of an |
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administrative penalty against a person who receives notice under |
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Section 1301.703(b), Occupations Code, on or after the effective |
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date of this Act. An administrative penalty for which notice under |
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that section is received before the effective date of this Act is |
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governed by the law in effect on the date the notice was received, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |