Section 336.9 - Deliberate Misconduct(a) Any licensee, applicant for a license, employer of a licensee or applicant, or any contractor (including a supplier or consultant), subcontractor, employee of a contractor, or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this chapter, may not: (1) engage in deliberate misconduct that causes or would have caused if not detected, a licensee or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation of any license issued by the commission; or(2) deliberately submit to the commission, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the commission.(b) A person who violates subsection (a)(1) or (2) of this section may be subject to enforcement action under Texas Health and Safety Code, § 401.393 and Texas Water Code, Chapter 7.(c) For the purposes of subsection (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: (1) would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the commission; or(2) constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.30 Tex. Admin. Code § 336.9
The provisions of this §336.9 adopted to be effective January 8, 2004, 29 TexReg 150