The Manufactured Housing Division of the Department of Housing and Community Affairs administers the Manufactured Homeowner Consumer Claims Program ("Program"), provided for in Occupations Code chapter 1201, which provides relief to certain consumers of a manufactured housing licensee.
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Section 604A.0021 of the Business and Commerce Code prohibits imposing a surcharge for the use of a credit card in certain instances. Although a recent judicial decision held section 604A.0021 unconstitutional as applied to specific facts, it remains enforceable in some contexts. But it does not apply to a county imposing a surcharge on a payee using a credit card for the payment of money owed to the county.
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Sections 232.003, 232.0031, and 232.004 of the Local Government Code authorize a county to use proceeds from a subdivision bond required by section 232.003 to ensure a public qr private road is constructed to standards adopted by the county for subdivision roads.
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A court would likely conclude that the Historical Commission is authorized to permit the destructive testing of human remains for research purposes, including the purpose of obtaining DNA samples adequate to enable the identification of genetically related descendants pursuant to the Commission's authority in Government Code chapter 442, Natural Resources Code chapter 1 91, and Health and Safety Code chapter 711.
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If a quorum of a governmental body deliberates about public business within the jurisdiction of the body outside of a meeting authorized by the Texas Open Meetings Act, through multiple communications each involving fewer than a quorum, the governmental body violates the Act.
Action taken by a governmental body in violation of the Act is voidable. In addition, any interested person may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of the Act by members of a governmental body.
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By operation of section 223.2012(b) of the Transportation Code, the Legislature granted the Department of Transportation authority to enter into facility agreements under the North Tarrant Express Comprehensive Development Agreement when the Department considers it advantageous to do so.
A court would likely conclude that the Department may use a change order to expand the scope of work within a facility agreement as long as that work is encompassed in the scope of work under the comprehensive development agreement.
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Subsection 229.00I(a)(l) of the Local Government Code prohibits a municipality from regulating the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies. Subsection 229.001(b)(3) excepts from this prohibition a municipality's regulation on the use of property or businesses and the location of businesses as long as the regulation does not circumvent the intent of subsection (a)(l).
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Subsection 141.00I(a)(4) of the Election Code provides that to be eligible as a candidate for public office a person must "have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities."
The restoration of a convicted felon's qualification to vote under Election Code subsection 1 l.002(a)(4)(A) after fully discharging a sentence does not restore his or her eligibility to hold public office under Election Code subsection 141.001(a)(4).
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A court would likely conclude that the deadline provisions of sections 843.338 and 1301.103 of the Insurance Code relate to prompt payment and, therefore, apply to claims filed by out-ofnetwork emergency care providers pursuant to section 843.351 or 1301.069 of that Code. However, a court would likely conclude that the penalty provisions in sections 843.342 and 1301.137 do not apply to claims filed by out-of-network emergency care providers pursuant to sections 843.351 or 1301.069.
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While Texas Code of Criminal Procedure article 2.13 imposes a duty on peace officers to prevent and suppress crime, policies that encourage officers to seek alternative methods of pursuit in an attempt to ensure the safety of the public and law enforcement officers generally do not conflict with this duty.