Tex. Health & Safety Code § 436.035 · Subchapter C. ENFORCEMENT
ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The department may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing.
(b) If a hearing is to be held, the department shall refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office shall make findings of fact and shall issue a written proposal for decision regarding the violation and the amount of the penalty.
(c) If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty.
(d) The department shall issue an order requiring a person to pay a penalty assessed under this section.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1102, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.436.htm
- Text hash
- sha256 7f0296b1ad6ac49d3f0ff43c855baf4906b2adfb27866b1e09ae9933d75e28ab
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Health & Safety Code § 436.035. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.