(a) This section implements the provisions of the Family Code, Chapter 232, Suspension of License for Failure to Pay Child Support, as added by Acts 1995, 74th Legislature, Chapter 751, §85 (House Bill 433). The term "order" refers only to an order issued by a court or Title IV-D agency under that law.

(b) This section applies to any program within the Texas Department of Health (department) which issues licenses. A "license" means a license, certificate, registration, permit, or other authorization issued by the department that:

(1) is subject before expiration to suspension, revocation, forfeiture, or termination by the department; and

(2) a person must obtain to practice or engage in a particular business, occupation, or profession or to engage in any other regulated activity.

(c) On receipt of a final court or Attorney General's order suspending a license due to failure to pay child support, the department shall immediately determine if the department has issued a license to the obligor named on the order and if a license has been issued:

(1) record the suspension of the license in the department's records;

(2) report the suspension as appropriate; and

(3) demand surrender of the suspended license if required by law for other cases in which a license is suspended.

(d) The department shall implement the terms of a final court or Attorney General's order suspending a license without additional review or hearing. The department may provide notice as appropriate to the license holder or to others concerned with the license.

(e) The department may not modify, remand, reverse, vacate, or stay an order suspending a license under this section and may not review, vacate, or reconsider the terms of a final order suspending a license under this section.

(f) An individual who is the subject of a final order suspending a license under this section is not entitled to a refund for any fee or deposit paid to the department.

(g) An individual who continues to engage in the business, occupation, profession, or other licensed activity after the implementation of the order suspending the license by the department is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder.

(h) If a suspension overlaps a license renewal period, an individual with a license suspended under this section shall comply with the normal renewal procedures applicable to the license; however, the license will not actually be renewed until subsections (k) and (l) of this section are met.

(i) The department is exempt from liability to a license holder for any act authorized and performed under the Family Code, Chapter 232, and this section.

(j) An order suspending a license or dismissing a petition for the suspension of a license does not affect the power of the department to grant, deny, suspend, revoke, terminate, or renew a license as authorized by applicable law.

(k) On receipt of an order vacating or staying an order suspending a license, the department shall promptly issue the affected license to the obligor if the obligor is otherwise qualified for the license. An order rendered under this subsection does not affect the power of the department to grant, deny, suspend, revoke, terminate, or renew a license as otherwise provided by applicable law.

(l) An individual whose license is suspended under this section must pay a reinstatement fee of $40 at the time of issuance of the license under subsection (k) of this section.

Source Note: The provisions of this §1.301 adopted to be effective December 29, 1995, 20 TexReg 10770; amended to be effective November 20, 2003, 28 TexReg 10220