CHAPTER 352. OPTICIANS

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE F. PROFESSIONS RELATED TO EYES AND VISION

CHAPTER 352. OPTICIANS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 352.001. SHORT TITLE. This chapter may be cited as the

Opticians' Registry Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Health.

(2) "Contact lens dispensing" means fabricating, ordering,

mechanically adjusting, dispensing, selling, and delivering to a

consumer contact lenses in accordance with a prescription from a

physician, optometrist, or therapeutic optometrist, along with

appropriate instructions for the care and handling of the lenses.

The term does not include, unless directed or approved by a

physician:

(A) taking any measurements of the eye or the cornea; or

(B) evaluating the physical fit of contact lenses.

(3) "Contact lens prescription" means a written specification

from a physician, optometrist, or therapeutic optometrist for

therapeutic, corrective, or cosmetic contact lenses that states

the refractive power of the product and other information

required to be in the specification by the physician,

optometrist, therapeutic optometrist, Texas State Board of

Medical Examiners, or Texas Optometry Board.

(4) "Department" means the Texas Department of Health.

(5) "Dispensing optician" or "ophthalmic dispenser" means a

person who provides or offers to provide spectacle or contact

lens dispensing services or products to the public.

(6) "Spectacle dispensing" means designing, verifying, fitting,

adjusting, selling, or delivering to a consumer fabricated and

finished ophthalmic devices, including spectacle lenses and

frames but excluding contact lenses, in accordance with a

prescription from a physician, therapeutic optometrist, or

optometrist. The term includes:

(A) prescription analysis and interpretation;

(B) the measurement of the face, including interpupillary

distances, to determine the size, shape, and specifications of

the spectacle lenses or frames best suited to the wearer's needs;

(C) the preparation and delivery of a work order to a laboratory

technician engaged in grinding lenses and fabricating spectacles;

(D) the verification of the quality of finished spectacle

lenses;

(E) the adjustment of spectacle lenses or frames to the wearer's

face; and

(F) the adjustment, repair, replacement, or reproduction of a

previously prepared, specially fabricated ophthalmic device.

(7) "Spectacle prescription" means a written specification by a

physician, therapeutic optometrist, or optometrist for

therapeutic or corrective lenses that states the refractive power

of the lenses and other information included in the specification

by the physician, therapeutic optometrist, or optometrist.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.003. EFFECT OF CHAPTER. (a) This chapter does not:

(1) authorize a dispensing optician to perform an act on the

optician's own authority that the optician is not otherwise

authorized to perform, including an act that constitutes the

practice of medicine, therapeutic optometry, or optometry;

(2) prevent or restrict a person licensed in this state under

another law from engaging in the profession or occupation for

which the person is licensed without being registered under this

chapter;

(3) prevent or restrict an employee of a person licensed in this

state from performing an employment duty required by the licensed

person without being registered under this chapter;

(4) prevent or restrict an individual, firm, or corporation from

employing a person registered under this chapter or from engaging

in spectacle or contact lens dispensing through a person

registered under this chapter who is employed at the location at

which the dispensing occurs;

(5) prevent or restrict an individual, firm, or corporation from

employing a person as an assistant, trainee, or apprentice to:

(A) engage in spectacle or contact lens dispensing; or

(B) provide instruction in the care and handling of contact

lenses;

(6) prohibit the Texas State Board of Medical Examiners, the

Texas Optometry Board, the attorney general, or another person

authorized by law from bringing an appropriate action to enforce

a state statute relating to the practice of medicine, therapeutic

optometry, or optometry without a license; or

(7) require that a person be registered:

(A) under this chapter to sell or dispense contact lenses; or

(B) as a contact lens dispenser to work in a contact lens

manufacturing facility that does not sell its finished product

directly to the public.

(b) This chapter or another state law relating to a dispensing

optician does not prevent or restrict a physician from:

(1) treating or prescribing for a patient; or

(2) directing or instructing a person under the physician's

control or supervision to aid or minister to the needs of a

patient according to a specific direction, order, instruction, or

prescription.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT AND BOARD

Sec. 352.051. ADMINISTRATION OF CHAPTER. The department shall

administer this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.052. DEPARTMENT STAFF. The department may employ

administrative and clerical staff as necessary to carry out this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.053. RULEMAKING. (a) The board shall adopt procedural

rules to implement the registration procedures under this

chapter.

(b) The board may adopt substantive and procedural rules

relating to:

(1) establishing minimum requirements for the registration of a

dispensing optician;

(2) suspending, denying, or revoking a certificate of

registration or placing a certificate holder on probation;

(3) prescribing fees under this chapter; and

(4) adopting forms required by this chapter.

(c) The board may not adopt substantive rules relating to this

chapter other than substantive rules described by Subsection (b)

of this section, Section 352.055, and Section 352.153.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.158(a), eff.

Sept. 1, 2001.

Sec. 352.054. FEES. The board by rule shall prescribe fees in

reasonable amounts sufficient to cover the costs of administering

this chapter, including fees for:

(1) an initial application for a certificate of registration;

(2) issuance of a certificate of registration;

(3) issuance of a renewal certificate of registration; and

(4) issuance of a duplicate certificate of registration or

duplicate renewal certificate of registration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1196, Sec. 1, eff. Sept. 1,

2001.

Sec. 352.055. RULES REGARDING ADVERTISING OR COMPETITIVE

BIDDING. (a) The board may not adopt rules restricting

advertising or competitive bidding by a registrant except to

prohibit false, misleading, or deceptive practices.

(b) In its rules to prohibit false, misleading, or deceptive

practices, the board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a registrant's personal appearance or

voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

registrant; or

(4) restricts the registrant's advertisement under a trade name.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.159(a), eff.

Sept. 1, 2001.

SUBCHAPTER C. CERTIFICATE OF REGISTRATION

Sec. 352.101. REPRESENTATION TO PUBLIC. (a) A person may not

represent to the public that the person is a "Registered

Dispensing Optician" or "Registered Spectacle Dispenser" unless

the person is registered as a spectacle dispensing optician and

complies with this chapter.

(b) A person may not represent to the public that the person is

a "Registered Contact Lens Dispenser" or "Registered Contact Lens

Technician" unless the person is registered as a contact lens

dispenser and complies with this chapter.

(c) A person may not use abbreviations or other letters to

represent that the person is registered.

(d) A person properly registered under this chapter may

represent to the public that the person is a "Registered

Dispensing Optician," "Registered Spectacle Dispenser,"

"Registered Contact Lens Technician," or "Registered Contact Lens

Dispenser."

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.102. ISSUANCE OF CERTIFICATE; QUALIFICATIONS. (a) The

department shall issue a certificate of registration to an

applicant who:

(1) applies and pays a registration fee;

(2) presents evidence satisfactory to the department that the

applicant has successfully completed the number of classroom

hours of training required by the board; and

(3) passes the appropriate examination required under Section

352.103.

(b) The board may not require more than 30 classroom hours of

training as a prerequisite to registration.

(c) A person may qualify and be registered as a spectacle

dispenser, contact lens dispenser, or both.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.103. EXAMINATIONS. (a) At least once a year, the

department shall administer to applicants for certificates of

registration a written qualifying spectacle dispensing

examination and a written qualifying contact lens dispensing

examination.

(b) The examinations shall be professionally constructed and

validated and objectively administered and scored.

(c) A person who fails an examination may apply to take a

subsequent examination. A person who fails two successive

examinations may not apply to take a subsequent examination until

the person completes remedial work required by the department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.1031. NOTICE OF EXAMINATION RESULTS. (a) Not later

than the 30th day after the date a person takes a qualifying

examination under this chapter, the department shall notify the

person of the results of the examination.

(b) If the examination is graded or reviewed by a testing

service:

(1) the department shall notify the person of the results of the

examination not later than the 14th day after the date the

department receives the results from the testing service; and

(2) if notice of the examination results will be delayed for

longer than 90 days after the examination date, the department

shall notify the person of the reason for the delay before the

90th day.

(c) The department may require a testing service to notify a

person of the results of the person's examination.

(d) If requested in writing by a person who fails a qualifying

examination administered under this chapter, the department shall

provide to the person an analysis of the person's performance on

the examination.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.160(a), eff.

Sept. 1, 2001.

Sec. 352.104. CERTIFICATE DISPLAY; SURRENDER. (a) A person

issued a certificate of registration shall publicly display the

certificate in an appropriate manner specified by board rule.

(b) The certificate is the property of the department and shall

be surrendered on demand.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. RENEWAL OF CERTIFICATE OF REGISTRATION

Sec. 352.151. TERM OF CERTIFICATE. (a) A certificate of

registration is valid for one year after the date of issuance.

(b) The department shall adopt a system under which certificates

of registration expire and are renewed on various dates.

(c) Not later than the 30th day before the date a person's

certificate of registration is scheduled to expire, the

department shall send written notice of the impending expiration

to the person at the person's last known address according to the

records of the department.

(d) A person whose certificate of registration has expired may

not make a representation for which a certificate of registration

is required under Section 352.101 until the certificate has been

renewed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(a), eff.

Sept. 1, 2001.

Sec. 352.152. RENEWAL OF CERTIFICATE. (a) To renew a

certificate of registration, a person must submit an application

for renewal in the manner prescribed by the board.

(b) The application must be accompanied by evidence that the

applicant has successfully completed the continuing education

courses required by board rule.

(c) A person who is otherwise eligible to renew a certificate of

registration may renew an unexpired certificate by paying the

required renewal fee to the department before the expiration date

of the certificate.

(d) A person whose certificate of registration has been expired

for 90 days or less may renew the certificate by paying to the

department a renewal fee that is equal to 1-1/2 times the

normally required renewal fee.

(e) A person whose certificate of registration has been expired

for more than 90 days but less than one year may renew the

certificate by paying to the department a renewal fee that is

equal to two times the normally required renewal fee.

(f) A person whose certificate of registration has been expired

for one year or more may not renew the certificate. The person

may obtain a new certificate of registration by complying with

the requirements and procedures, including the examination

requirements, for an original certificate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(b), eff.

Sept. 1, 2001.

Sec. 352.153. CONTINUING EDUCATION. (a) The board shall

recognize, prepare, or administer continuing education programs

for its registrants. A person registered under this chapter must

participate in the programs to the extent required by the board

to keep the person's certificate of registration.

(b) The board may not require more than 10 classroom hours of

continuing education courses each year.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(c), eff.

Sept. 1, 2001.

Sec. 352.154. RENEWAL OF EXPIRED CERTIFICATE BY OUT-OF-STATE

PRACTITIONER. (a) A person who was registered in this state,

moved to another state, and is currently licensed or registered

and has been in practice in the other state for the two years

preceding the date of application may obtain a new certificate of

registration without reexamination.

(b) The person must pay to the department a fee that is equal to

two times the normally required renewal fee for the certificate.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.161(c), eff.

Sept. 1, 2001.

SUBCHAPTER E. PRACTICE BY CERTIFICATE HOLDER

Sec. 352.201. DIRECTIONS FOR DISPENSING OPTICIAN. A physician's

directions, instructions, or orders may be performed or a

physician's prescription may be filled by a registered dispensing

optician who is separate from and independent of the physician's

office only if the directions, instructions, orders, or

prescription is:

(1) in writing;

(2) of a scope and content and communicated to the dispensing

optician in a form and manner that, in the physician's

professional judgment, best serves the health, safety, and

welfare of the physician's patient; and

(3) in a form and detail consistent with the particular

dispensing optician's skill and knowledge.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.202. CONTACT LENS DISPENSING. (a) A person registered

under this chapter may not dispense contact lenses other than

from a contact lens prescription that specifies that the

prescription is for contact lenses.

(b) Except as provided by Section 351.005 or 352.203, a

registered contact lens dispenser may not:

(1) dispense contact lenses from the prescription of a

physician, optometrist, or therapeutic optometrist in a manner

that adjusts or alters the specific, written instructions of the

prescribing practitioner; or

(2) unless directed or approved by a physician:

(A) take any measurements of the eye or the cornea; or

(B) evaluate the physical fit of contact lenses.

(c) A person who violates this section is considered to be

practicing medicine or optometry or therapeutic optometry without

a license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.203. DELEGATION BY PHYSICIAN. A registered contact

lens dispenser may take measurements of the eye or cornea and

evaluate the physical fit of lenses for a patient of a physician

if the physician has delegated in writing to the dispenser those

responsibilities for that specific patient in accordance with

Sections 351.005 and 352.201.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. DISCIPLINARY PROCEDURES

Sec. 352.251. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. The

department shall deny an application for a certificate of

registration, suspend or revoke a certificate of registration, or

reprimand a person who is registered under this chapter if the

person:

(1) obtains a certificate of registration by means of fraud,

misrepresentation, or concealment of a material fact;

(2) sells, barters, or offers to sell or barter a certificate of

registration;

(3) violates a rule adopted by the board;

(4) violates Section 352.101; or

(5) practices medicine, therapeutic optometry, or optometry

without a license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.162(a), eff.

Sept. 1, 2001.

Sec. 352.252. INVESTIGATION. The department shall investigate:

(1) a person who engages in a practice that violates this

chapter; and

(2) each complaint filed with the department against a person

registered under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.2525. PROBATION. The board may place on probation a

person whose certificate of registration is suspended. If the

suspension is probated, the board may require the person to:

(1) report regularly to the department on matters that are the

basis of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review professional education until the person

attains a degree of skill satisfactory to the board in those

areas that are the basis of the probation.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.162(b), eff.

Sept. 1, 2001.

Sec. 352.253. HEARING. (a) A person whose application for a

certificate of registration is denied, whose certificate of

registration is suspended or revoked, or who is reprimanded is

entitled to a hearing before the department if the person submits

to the department a written request for the hearing.

(b) A hearing is governed by department rules for a contested

hearing and by Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.162(c), eff.

Sept. 1, 2001.

Sec. 352.254. EMERGENCY SUSPENSION. (a) The department shall

temporarily suspend the certificate of registration of a

certificate holder if the department determines from the evidence

or information presented to it that continued practice by the

certificate holder would constitute a continuing and imminent

threat to the public welfare.

(b) A certificate of registration 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 still exists. A final hearing on the matter shall be held

not later than the 61st day after the date of the temporary

suspension.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 2, eff. Sept. 1,

2003.

SUBCHAPTER G. ADMINISTRATIVE PENALTY

Sec. 352.301. IMPOSITION OF PENALTY. The department may assess

an administrative penalty against a person who violates this

chapter or a rule adopted under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.302. AMOUNT OF PENALTY. (a) The amount of the

administrative penalty may not exceed $1,000 for each violation.

Each day of a continuing violation is a separate violation.

(b) The amount shall be based on:

(1) the seriousness of the violation;

(2) the history of previous violations;

(3) the amount necessary to deter a future violation;

(4) efforts made to correct the violation; and

(5) any other matter that justice requires.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.303. NOTICE OF VIOLATION AND PENALTY. If, after

investigation of a possible violation and the facts surrounding

the possible violation, the department determines that a

violation occurred, the department shall give written notice of

the violation to the person alleged to have committed the

violation. The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the proposed administrative penalty

based on the factors set forth in Section 352.302(b); and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not

later than the 20th day after the date the person receives the

notice, the person may:

(1) accept the department's determination and proposed

administrative penalty; or

(2) make a written request for a hearing on that determination.

(b) If the person accepts the department's determination, the

commissioner of public health or the commissioner's designee by

order shall approve the determination and assess the proposed

penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.305. HEARING. (a) If the person requests a hearing in

a timely manner, the department shall:

(1) set a hearing;

(2) give written notice of the hearing to the person; and

(3) designate a hearings examiner to conduct the hearing.

(b) The hearings examiner shall:

(1) make findings of fact and conclusions of law; and

(2) promptly issue to the commissioner of public health or the

commissioner's designee a proposal for decision as to the

occurrence of the violation and the amount of any proposed

administrative penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.306. DECISION BY BOARD. (a) Based on the findings of

fact, conclusions of law, and proposal for decision, the

commissioner of public health or the commissioner's designee by

order may determine that:

(1) a violation occurred and assess an administrative penalty;

or

(2) a violation did not occur.

(b) The department shall give notice of the order to the person.

The notice must include:

(1) separate statements of the findings of fact and conclusions

of law;

(2) the amount of any penalty assessed; and

(3) a statement of the person's right to judicial review of the

order.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Not later than the 30th day after the date the order becomes

final, the person shall:

(1) pay the administrative penalty;

(2) pay the penalty and file a petition for judicial review

contesting the fact of the violation, the amount of the penalty,

or both; or

(3) without paying the penalty, file a petition for judicial

review contesting the fact of the violation, the amount of the

penalty, or both.

(b) Not later than the 30th day after the date the order is

final, a person who acts under Subsection (a)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving to the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until judicial review of the order 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 penalty

and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the department by

certified mail.

(c) If the department receives a copy of an affidavit under

Subsection (b)(2), the department may file with the court, not

later than the fifth day after the date the department receives

the copy, a contest to the affidavit.

(d) The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.308. DETERMINATION BY COURT. (a) If the court

sustains the occurrence of the violation, the court may uphold or

reduce the amount of the administrative penalty and order the

person to pay the full or reduced penalty.

(b) If the court does not sustain the occurrence of the

violation, the court shall order that a penalty is not owed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.309. REMITTANCE OF PENALTY AND INTEREST. (a) If after

judicial review, the administrative penalty is reduced or not

imposed by the court, the court shall, after the judgment becomes

final:

(1) order that the appropriate amount, plus accrued interest, be

remitted to the person if the person paid the amount of the

penalty; or

(2) order the release of the bond in full if the penalty is not

imposed or order the release of the bond after the person pays

the penalty imposed if the person posted a supersedeas bond.

(b) The interest paid under Subsection (a)(1) is the rate

charged on loans to depository institutions by the New York

Federal Reserve Bank. The interest shall be paid for the period

beginning on the date the penalty is paid and ending on the date

the penalty is remitted.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.310. COLLECTION OF PENALTY. (a) In this section,

"reasonable expenses and costs" includes expenses incurred by the

department and the attorney general in the investigation,

initiation, or prosecution of an action, including reasonable

investigative costs, court costs, attorney's fees, witness fees,

and deposition expenses.

(b) If the person does not pay the amount of the administrative

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.

(c) The department may assess reasonable expenses and costs

against a person in an administrative hearing if, as a result of

the hearing, an administrative penalty is assessed against the

person. The person shall pay expenses and costs assessed under

this subsection not later than the 30th day after the date the

order of the commissioner of public health or the commissioner's

designee requiring the payment of expenses and costs is final.

The department may refer the matter to the attorney general for

collection of expenses and costs.

(d) If the attorney general brings an action against a person to

enforce an administrative penalty assessed under this chapter and

the person is found liable for an administrative penalty, the

attorney general may recover, on behalf of the attorney general

and the department, reasonable expenses and costs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.311. ADMINISTRATIVE PROCEDURE. A proceeding for the

assessment of an administrative penalty under this subchapter is

subject to Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER H. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 352.351. ENFORCEMENT PROCEEDINGS; INJUNCTION. (a) The

board, the attorney general, or the district or county attorney

for the county in which an alleged violation of this chapter

occurs shall, on receipt of a verified complaint, bring an

appropriate administrative or judicial proceeding to enforce this

chapter or a rule adopted under this chapter.

(b) The attorney general or an attorney representing the state

may initiate an action for an injunction to prohibit a person

from violating this chapter or a rule adopted under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.352. CIVIL PENALTY. In addition to any other remedy

provided by law, including injunctive relief, a court may impose

a civil penalty for a violation of this chapter or a rule adopted

under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 352.353. CRIMINAL PENALTY. (a) A person commits an

offense if the person violates this chapter.

(b) An offense under this section is a Class B misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.