1. (a) The board by rule shall adopt procedures governing:

   1. (1) informal disposition of a contested case under Section 2001.056, Government Code; and
   2. (2) an informal proceeding held in compliance with Section 2001.054, Government Code.

2. (b) Rules adopted under Subsection (a) must:

   1. (1) provide the complainant and the license holder an opportunity to be heard; and
   2. (2) require the presence of a representative of the attorney general or the board's legal counsel to advise the board or the board's employees.
3. (c) Subject to Subsection (d), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.
4. (d) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter. The board may not require payment of other damages or estimate harm in a refund order.

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

Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 30, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 31, eff. September 1, 2005.