CHAPTER 1202. INDUSTRIALIZED HOUSING AND BUILDINGS - Texas Statutes

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.