Tex. Health & Safety Code Section 242.321
Offense


(a)

A person commits an offense if the person knowingly or intentionally violates Section 242.305 (Practicing Without a License).

(b)

An offense under this section is a Class B misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997.

(b)

Within 20 days after the date the person receives the notice, the person in writing may accept the determination and the penalty recommended by the department or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(c)

If the person accepts the determination and the penalty recommended by the department, or if the person fails to timely respond to the notice, the department shall impose the recommended penalty.

(d)

If the person requests a hearing, the department shall set a hearing and give notice of the hearing to the person. The hearing shall be held in accordance with the rules on contested case hearings adopted by the executive commissioner.

(e)

The notice of the hearing decision given to the person under Chapter 2001 (Administrative Procedure), Government Code, must include a statement of the right of the person to judicial review of the decision.

(f)

Within 30 days after the date the department’s decision is final as provided by Section 2001.144 (Decisions or Orders; When Final), Government Code, the person shall:

(1)

pay the amount of the penalty;

(2)

pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or

(3)

without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(g)

Within the 30-day period, a person who acts under Subsection (f)(3) may:

(1)

stay enforcement of the penalty by:

(A)

paying the amount of the penalty to the court for placement in an escrow account; or

(B)

giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the department’s decision is final; or

(2)

request the court to stay enforcement of the penalty by:

(A)

filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and

(B)

giving a copy of the affidavit to the department by certified mail.

(h)

If the department receives a copy of an affidavit under Subsection (g)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond.

(i)

If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the department may refer the matter to the attorney general for collection of the amount of the penalty.

(j)

Judicial review of the decision of the department:

(1)

is instituted by filing a petition as provided by Section 2001.176 (Petition Initiating Judicial Review), Government Code; and

(2)

is under the substantial evidence rule.

(k)

If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed.

(l)

When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount.

(m)

A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund.

(n)

All proceedings under this section are subject to Chapter 2001 (Administrative Procedure), Government Code.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 5, eff. June 19, 2009.

Source: Section 242.321 — Offense, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­242.­htm#242.­321 (accessed Mar. 23, 2024).

242.001
Scope, Purpose, and Implementation
242.002
Definitions
242.003
Exemptions
242.005
Performance Reports
242.006
Directory of Licensed Institutions
242.007
Consultation and Cooperation
242.008
Employment of Personnel
242.009
Federal Funds
242.010
Change of Administrators
242.011
Language Requirements Prohibited
242.013
Paperwork Reduction Rules
242.014
Prohibition of Remuneration
242.015
Licensed Administrator
242.016
Fees and Penalties
242.017
Admissibility of Certain Evidence in Civil Actions
242.019
Guardianship Orders
242.020
Civil Liability Related to Misappropriation of Resident’s Funds
242.0021
Controlling Person
242.031
License Required
242.032
License or Renewal Application
242.033
Issuance and Renewal of License
242.034
License Fees
242.035
Licensing Categories
242.036
Grading
242.037
Rules
242.038
Reasonable Time to Comply
242.039
Fire Safety Requirements
242.040
Certification of Institutions that Care for Persons with Alzheimer’s Disease and Related Disorders
242.041
False Communication Concerning Certification
242.042
Posting
242.043
Inspections
242.044
Unannounced Inspections
242.045
Disclosure of Unannounced Inspections
242.046
Open Hearing
242.047
Accreditation Review to Satisfy Inspection or Certification Requirements
242.048
Licensing Surveys
242.049
Quality Improvement
242.051
Notification of Award of Exemplary Damages
242.052
Drug Testing of Employees
242.061
Denial, Suspension, or Revocation of License
242.062
Emergency Suspension or Closing Order
242.063
Injunction
242.064
License Requirement
242.065
Civil Penalty
242.066
Administrative Penalty
242.067
Report Recommending Administrative Penalty
242.068
Hearings on Administrative Penalties
242.069
Notice and Payment of Administrative Penalty
242.070
Application of Other Law
242.071
Amelioration of Violation
242.072
Other Remedies
242.073
Legal Action by the Attorney General
242.074
Notification of Change in Financial Condition
242.091
Findings and Purpose
242.092
Definition
242.093
Appointment by Agreement
242.094
Involuntary Appointment
242.095
Fee
242.096
Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds
242.097
Additional License Fee--nursing and Convalescent Homes
242.098
Reimbursement
242.099
Applicability of Other Law
242.100
Notification of Closing
242.101
Criminal Penalty
242.102
Ineligibility for License
242.151
Physician Services
242.153
Director of Nursing Services
242.154
Nursing Services
242.155
Pediatric Nursing Services
242.156
Required Medical Examination
242.157
Dental Examination
242.158
Identification of Certain Nursing Facility Residents Requiring Mental Health or Intellectual Disability Services
242.159
Automated External Defibrillators
242.181
Definitions
242.182
Respite Care
242.183
Plan of Care
242.184
Notification
242.185
Inspections
242.186
Suspension
242.201
Scope of Subchapter
242.202
Disclosure Required
242.203
Violation
242.204
Rules
242.221
Automated System for Medicaid Patient Care and Reimbursement
242.222
Data Used by System
242.223
Frequency of Data Submission
242.224
Electronic Claims for Reimbursement
242.225
Date of Reimbursement
242.226
Rules
242.251
Scope of Subchapter
242.252
Election of Arbitration
242.253
Arbitration Procedures
242.254
Arbitrator
242.255
Arbitrator
242.256
Duties of Arbitrator
242.257
Scheduling of Arbitration
242.258
Exchange and Filing of Information
242.259
Attendance Required
242.260
Testimony
242.261
Evidence
242.262
Closing Statements
242.263
Ex Parte Contacts Prohibited
242.264
Order
242.265
Effect of Order
242.266
Clerical Error
242.267
Court Vacating Order
242.268
No Arbitration in Case of Emergency Order or Closing Order
242.269
Enforcement of Certain Arbitration Orders
242.301
Definitions
242.302
Powers and Duties of Department and Executive Commissioner
242.303
Nursing Facility Administrators Advisory Committee
242.304
Fees
242.305
Practicing Without a License
242.306
License Application
242.307
Examination
242.308
Licenses
242.309
Provisional License
242.310
License Renewal
242.311
Mandatory Continuing Education
242.312
Complaint Receipt, Investigation, and Disposition
242.313
Sanctions
242.314
Written Reprimand and Continuing Education as Sanctions
242.315
Administrative Penalty as Sanction
242.316
Notice and Hearing
242.317
Informal Proceedings
242.318
Monitoring of License Holder
242.319
Civil Penalty
242.320
Assistance of Attorney General
242.321
Offense
242.322
Protection for Refusal to Engage in Certain Conduct
242.323
Monitoring of License Holder
242.324
Civil Penalty
242.325
Assistance of Attorney General
242.326
Offense
242.327
Protection for Refusal to Engage in Certain Conduct
242.0335
Expedited Issuance of Change of Ownership License to Certain Current License Holders
242.0336
Temporary Change of Ownership License
242.0371
Notice of Certain Employment Policies
242.0373
Restraint and Seclusion
242.0385
Early Compliance Review
242.0395
Registration with Texas Information and Referral Network
242.401
Quality of Life
242.402
Quality of Care
242.403
Standards for Quality of Life and Quality of Care
242.404
Policies, Procedures, and Practices for Quality of Care and Quality of Life
242.0405
Notice of Alzheimer’s Disease and Related Disorders Certification
242.0441
Follow-up Inspections
242.0442
Commission Evaluation of Regulatory Capacity
242.0445
Reporting of Violations
242.501
Resident’s Rights
242.502
Rights Cumulative
242.503
Duties of Institution
242.504
Information About Resident’s Rights and Violations
242.505
Prescription of Psychoactive Medication
242.551
Complaint Requesting Inspection
242.552
Disclosure of Substance of Complaint
242.553
Confidentiality
242.554
Preliminary Review of Complaint
242.601
Medication Administration
242.602
Pharmacist Services
242.603
Storage and Disposal of Medications
242.604
Reports of Medication Errors and Adverse Reactions
242.605
Medication Reference Sources
242.606
Permits to Administer Medication
242.607
Exemptions for Nursing Students and Medication Aide Trainees
242.608
Rules for Administration of Medication
242.609
Training Programs to Administer Medication
242.610
Issuance and Renewal of Permit to Administer Medication
242.611
Fees for Issuance and Renewal of Permit to Administer Medication
242.612
Violation of Permits to Administer Medication
242.613
Emergency Suspension of Permits to Administer Medication
242.614
Administration of Medication
242.0615
Exclusion
242.0661
Administrative Penalty for Confiscation or Misappropriation of Federal Payments
242.0663
Violation of Law Relating to Advance Directives
242.0665
Right to Correct
242.0695
Use of Administrative Penalty
242.841
Definitions
242.842
Criminal and Civil Liability
242.843
Covert Use of Electronic Monitoring Device
242.844
Required Form on Admission
242.845
Authorized Electronic Monitoring: Who May Request
242.846
Authorized Electronic Monitoring: Form of Request
242.847
Authorized Electronic Monitoring: General Provisions
242.848
Reporting Abuse and Neglect
242.849
Use of Tape or Recording by Agency or Court
242.850
Notice at Entrance to Institution
242.851
Enforcement
242.852
Criminal Offense
242.901
Definition
242.902
Family Council
242.903
Duties of Institution
242.904
Meetings
242.905
Visiting
242.906
Administration
242.0945
Qualifications of Trustees
242.0946
Nepotism Prohibition
242.951
Definition
242.952
Applicability
242.953
Services Provided by Certain Vocational Nursing Students
242.0965
Assisted Living Facility Trust Fund and Emergency Assistance Funds
242.0975
Additional License Fee--assisted Living Facilities
242.3061
Applicability of Other Law
242.3115
Applicability of Other Law
242.6101
Results of Examination for Issuance of Permit
242.6111
Applicability of Other Law

Accessed:
Mar. 23, 2024

§ 242.321’s source at texas​.gov