| 1 | 1 | | 85R3442 JCG-F |
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| 2 | 2 | | By: Guillen H.B. No. 3277 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the imposition of an administrative penalty for certain |
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| 8 | 8 | | violations of the law regulating plumbing. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1301.704, Occupations Code, is amended |
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| 11 | 11 | | by adding Subsections (c) and (d) to read as follows: |
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| 12 | 12 | | (c) Failure to request a hearing or accept the determination |
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| 13 | 13 | | and recommended penalty within the time provided by this section |
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| 14 | 14 | | waives the right to a hearing under this chapter. |
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| 15 | 15 | | (d) If the board determines without a hearing that the |
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| 16 | 16 | | person committed a violation and a penalty is to be imposed, the |
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| 17 | 17 | | board shall: |
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| 18 | 18 | | (1) provide written notice to the person of the board's |
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| 19 | 19 | | findings; and |
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| 20 | 20 | | (2) enter an order requiring the person to pay the |
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| 21 | 21 | | recommended penalty. |
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| 22 | 22 | | SECTION 2. Section 1301.705(a), Occupations Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (a) If the person requests a hearing [or fails to respond in |
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| 25 | 25 | | a timely manner to the notice], the enforcement committee shall set |
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| 26 | 26 | | a hearing and give written notice of the hearing to the person. An |
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| 27 | 27 | | administrative law judge of the State Office of Administrative |
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| 28 | 28 | | Hearings shall hold the hearing. |
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| 29 | 29 | | SECTION 3. The change in law made by this Act to Section |
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| 30 | 30 | | 1301.704, Occupations Code, applies only to imposition of an |
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| 31 | 31 | | administrative penalty against a person who receives notice under |
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| 32 | 32 | | Section 1301.703(b), Occupations Code, on or after the effective |
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| 33 | 33 | | date of this Act. An administrative penalty for which notice under |
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| 34 | 34 | | that section is received before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect on the date the notice was received, |
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| 36 | 36 | | and the former law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2017. |
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