Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6 Page: 6,552
6459-7408, S49-S79 p. ; 23 cm.View a full description of this legislative document.
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80th LEGISLATURE REGULAR SESSION
SECTION 1.64. Sections 1951.505(b) and (c), Occupations Code, are
amended to read as follows:
(b) A person whose license is revoked may not apply for a new license until
the first anniversary of the effective date of the revocation. A new license may
not be issued without the approval of the department [bard].
(c) If the commissioner [board] revokes the license of a certified applicator
in one category, the commissioner [beard] may place the applicator on probation
for any other category in which the applicator is licensed.
SECTION 1.65. Subchapter K, Chapter 1951, Occupations Code, is
amended by adding Section 1951.506 to read as follows:
Sec. 1951.506. EMERGENCY SUSPENSION. (a) The commissioner
shall temporarily suspend the license of a person licensed under this chapter if the
commissioner determines from the evidence or information presented to the
commissioner that continued practice by the person would constitute a continuing
and imminent threat to the public welfare or environment.
(b) A license may be suspended under this section without notice or hearing
on the complaint if:
(1) action is taken to initiate proceedings for a hearing before the State
Office of Administrative Hearings simultaneously with the temporary suspension;
and
(2) a hearing is held as soon as practicable under this chapter and
Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a preliminary
hearing not later than the 14th day after the date of the temporary suspension to
determine if there is probable cause to believe that a continuing and imminent
threat to the public welfare or environment still exists. A final hearing on the
matter shall be held not later than the 61st day after the date of the temporary
suspension.
SECTION 1.66. Section 1951.551, Occupations Code, is amended to read
as follows:
Sec. 1951.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The
commissioner [bead] may impose an administrative penalty on a person who
violates this chapter, [ef] a rule adopted or order issued under this chapter, or a
cease and desist order issued under Section 1951.604 [by-the eard].
SECTION 1.67. Section 1951.552(b), Occupations Code, is amended to
read as follows:
(b) In determining the amount of the penalty, the commissioner [bard]
shall consider:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of any prohibited
act; and
(B) the hazard or potential hazard created to the health or safety of
the public;
(2) the economic damage to property or the environment caused by the
violation;
(3) the history of previous violations;6552
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 6, legislative document, 2007; (https://texashistory.unt.edu/ark:/67531/metapth97476/m1/98/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.