GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE
CHAPTER 2005. MISCELLANEOUS PROVISIONS RELATING TO STATE LICENSES AND PERMITS
SUBCHAPTER A. PERMIT PROCESSING
Sec. 2005.001. DEFINITIONS. In this subchapter:
(1) "Permit" means an authorization by a license, certificate, registration, or other form that is required by law or state agency rules to engage in a particular business.
(2) "State agency" means a department, board, bureau, commission, division, office, council, or other agency of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 4, eff. September 1, 2007.
Sec. 2005.002. EXCEPTIONS. This subchapter does not apply to a permit:
(1) for which an agency's median time during the preceding calendar year for processing a permit application from receipt of the initial application to the final permit decision did not exceed seven days;
(2) issued in connection with any form of gaming or gambling; or
(3) issued under the Alcoholic Beverage Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 5, eff. September 1, 2007.
Sec. 2005.003. PERMIT PROCESSING PERIODS. (a) A state agency that issues permits shall adopt procedural rules for processing permit applications and issuing permits.
(b) The rules must specify:
(1) the period, beginning on the date the agency receives an initial permit application, in which the agency must provide written notice to the applicant:
(A) stating that the permit application is complete and accepted for filing; or
(B) stating that the permit application is incomplete and specifying the additional information required for acceptance; and
(2) the period, beginning on the date the agency receives a complete permit application, in which the agency must deny or approve the permit application.
(c) A state agency may establish separate rules under this section for contested and uncontested cases.
(d) A state agency shall publish with rules proposed under this section:
(1) a statement of the agency's minimum, maximum, and median times for processing a permit application from the date the agency received an initial permit application to the date of the final permit decision using the agency's performance in the 12 months preceding the date the proposed rules are published; and
(2) a justification of the periods proposed by the rules.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2005.004. GOOD CAUSE. A state agency has good cause to exceed the period it establishes for processing a permit application if:
(1) the number of permit applications to be processed exceeds by at least 15 percent the number of permit applications processed in the same quarter of the previous calendar year;
(2) the agency must rely on another public or private entity to process all or a part of the permit applications received by the agency, and the delay is caused by that entity; or
(3) other conditions exist that give the agency good cause for exceeding the established period.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2005.005. DUTY OF HEAD OF AGENCY. The head of each state agency shall ensure that the agency complies with this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 6, eff. September 1, 2007.
Sec. 2005.006. COMPLAINT PROCEDURE. (a) A state agency subject to this subchapter shall establish by rule a complaint procedure through which a permit applicant can:
(1) complain directly to the chief administrator of the agency if the agency exceeds the established period for processing permits; and
(2) request a timely resolution of any dispute arising from the delay.
(b) The rules must provide for the reimbursement of all filing fees paid by the applicant for a permit application if the chief administrator of the state agency determines that:
(1) the agency exceeded the established period for permit processing; and
(2) the agency did not establish good cause for exceeding the established period.
(c) The state agency shall include information about the complaint procedure in permit application forms issued by the agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 7, eff. September 1, 2007.
Sec. 2005.007. REPORTS. (a) A state agency that issues permits shall report biennially to the governor and the legislature on its permit application system.
(b) The report must include:
(1) a statement of the periods the agency has adopted under this subchapter for processing each type of permit it issues, specifying any changes the agency made since the last report;
(2) a statement of the minimum, maximum, and median times for processing each type of permit during the period since the last report from the date the agency receives the initial permit application to the final permit decision;
(3) a description of the complaint procedure required by Section 2005.006;
(4) a summary of the number and disposition of complaints received by the agency under Section 2005.006 since the last report; and
(5) a description of specific actions taken by the agency since the last report to simplify and improve its permit application, processing, and paperwork requirements.
(c) A state agency shall include the information required by Subsection (b) in each performance report the agency submits to the Legislative Budget Board.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 8, eff. September 1, 2007.
SUBCHAPTER B. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION
Sec. 2005.051. DEFINITIONS. In this subchapter:
(1) "License" means a license, certificate, registration, permit, or other authorization:
(A) that is issued by a licensing authority;
(B) that is subject before expiration to suspension, revocation, forfeiture, or termination by the issuing licensing authority; and
(C) that a person must obtain to:
(i) practice or engage in a particular business, occupation, or profession; or
(ii) engage in any other regulated activity, including hunting, fishing, or other recreational activity for which a license or permit is required.
(2) "Licensing authority" means an agency of the executive, legislative, or judicial branch of state government that issues a license.
Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.
Sec. 2005.052. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION. (a) A licensing authority may deny a person's application for a license or suspend or revoke a person's license if the licensing authority determines, after notice and hearing, that the person knowingly:
(1) made a false statement in connection with applying for or renewing the license;
(2) made a material misrepresentation to the licensing authority in connection with applying for or renewing the license;
(3) refused to provide information requested by the licensing authority; or
(4) failed to provide all of the person's criminal history information in response to the licensing authority's request for the information.
(b) A denial, suspension, or revocation by a licensing authority under this section is governed by the administrative procedures that apply to other disciplinary actions taken by the licensing authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.
Sec. 2005.053. CRIMINAL PROSECUTION. A person who knowingly makes a false statement in connection with applying for or renewing a license may be subject to criminal prosecution under Section 37.10, Penal Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1194 (H.B. 1168), Sec. 3, eff. September 1, 2007.