Tex. Occ. Code § 164.005 · Subchapter A. GENERAL PROVISIONS
INITIATION OF CHARGES; FORMAL COMPLAINT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "formal complaint" means a written statement made by a credible person that is filed and presented by a board representative charging a person with having committed an act that, if proven, could affect the legal rights or privileges of a license holder or other person under the board's jurisdiction.
(b) Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.
(c) A charge must:
(1) be filed with the board's records custodian or assistant records custodian; and
(2) detail the nature of the charge as required by this subtitle or other applicable law.
(d) The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent's counsel of record.
(e) The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.
(f) A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule. The formal complaint must be specific enough to:
(1) enable a person of common understanding to know what is meant by the formal complaint; and
(2) give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.
(g) The board shall adopt rules to promote discovery by each party to a contested case.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 12, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.164.htm
- Text hash
- sha256 870aa3a8e948a7f9a5d9dfb2b270d7d3eb3dd12cf671c6bc14c4fa347b723dd1
- 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 3 provisions
Provisions in this library whose text cites Tex. Occ. Code § 164.005. 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.