Sec. 245.022. RECOVERY OF COSTS. (a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's license is denied, suspended, or revoked or if administrative penalties are assessed against the person. The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date a department order requiring the payment of expenses and costs is final. The department may refer the matter to the attorney general for collection of the expenses and costs.
(b) If the attorney general brings an action against a person under Section 245.013 or 245.015 or an action to enforce an administrative penalty assessed under Section 245.017 and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.
(c) For purposes of this section, "reasonable expenses and costs" include expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, attorney's fees, witness fees, and deposition expenses.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0693, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 245 - Abortion Facilities
Section 245.003. License Required
Section 245.004. Exemptions From Licensing Requirement
Section 245.004. Exemptions From Licensing Requirement
Section 245.005. License Application and Issuance
Section 245.009. Adoption of Rules
Section 245.010. Minimum Standards
Section 245.0105. Unique Identifying Number; Disclosure in Advertisement
Section 245.011. Physician Reporting Requirements; Criminal Penalty
Section 245.0115. Notification
Section 245.0116. Department Report
Section 245.012. Denial, Suspension, Probation, or Revocation of License
Section 245.014. Criminal Penalty
Section 245.015. Civil Penalty
Section 245.016. Abortion in Unlicensed Abortion Facility to Prevent Death or Serious Impairment
Section 245.017. Administrative Penalty
Section 245.018. Report Recommending Administrative Penalty
Section 245.019. Hearing; Order
Section 245.020. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 245.021. Penalty Deposited to State Treasury
Section 245.022. Recovery of Costs
Section 245.023. Public Information; Toll-Free Telephone Number
Section 245.024. Compliance With Certain Requirements Regarding Sonogram Before Abortion