Texas Codes

Tex. Occ. Code § 402.001 (2026)

Definitions

✓ current as of May 2026

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Sec. 402.001. DEFINITIONS. In this chapter:

(1) "Advisory board" means the Hearing Instrument Fitters and Dispensers Advisory Board.

(2) "Commission" means the Texas Commission of Licensing and Regulation.

(3) "Department" means the Texas Department of Licensing and Regulation.

(3-a) "Executive director" means the executive director of the department.

(4) "Fitting and dispensing hearing instruments" means the measurement of human hearing by the use of an audiometer or other means to make selections, adaptations, or sales of hearing instruments. The term includes prescribing, ordering, or authorizing the use of hearing instruments, the making of impressions for earmolds to be used as a part of the hearing instruments, and providing any necessary postfitting counseling for the purpose of fitting and dispensing hearing instruments.

(4-a) "Hearing aid" means any wearable device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing. The term includes hearing instruments and over-the-counter hearing aids.

(5) "Hearing instrument" means a prescription hearing aid as that term is defined by 21 C.F.R. Section 800.30.

(6) "License" means a license issued by the department under this chapter to a person authorized to fit and dispense hearing instruments.

(6-a) "Over-the-counter hearing aid" has the meaning assigned by 21 C.F.R. Section 800.30.

(7) "Sale" includes a lease, rental, or any other purchase or exchange for value. The term does not include a sale at wholesale by a manufacturer to a person licensed under this chapter or to a distributor for distribution and sale to a person licensed under this chapter.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 1, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.054, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(4), eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.082, eff. September 1, 2015.

Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 5, eff. June 18, 2023.

Notes of Decisions

Cited in 7 cases, 2012–2020 · leading case: Robert Daniel Taylor v. Leanne Polhill, 964 F.3d 975 (11th Cir. 2020).

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Robert Daniel Taylor v. Leanne Polhill, 964 F.3d 975 (11th Cir. 2020). “3d at 578 (quoting Tex. Occ. Code § 402.001). Thus, under the Texas law one could not become licensed without satisfying the pre-sale testing requirements.”

METX, LLC v. Wal-Mart Stores Texas, LLC, 62 F. Supp. 3d 569 (E.D. Tex. 2014). · cites it 2× “Tex. Occ. Code § 402.001(4). A person may not represent that the person is authorized to fit and dispense hearing instruments, or use in connection with the person’s name any designation tending to imply that the person is authorized to engage in the fitting and dispensing of…”

United States v. Terry Anderson (5th Cir. 2020). “” TEX. OCC. CODE § 402.001(4). Both Terry and Rocky Anderson are licensed hearing aid fitters and dispensers.”

Jack Jones Hearing Centers, Inc. v. State Comm. of Examiners in the Fitting & Dispensing of Hearing Instruments (Tex. App. 2012). “See generally Tex. Occ. Code Ann. §§ 402.001 -.553 (West 2004 & Supp.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2012). “A "hearing instrument" means "any wearable instrument or device designed for, or represented as, aiding, improving, or correcting defective human hearing. The term includes the instrument's parts and any attachment, including an earmold, or accessory to the instrument" and does…”

— Tex. Occ. Code § 402.001(4) — 3 cases

METX, LLC v. Wal-Mart Stores Texas, LLC, 62 F. Supp. 3d 569 (E.D. Tex. 2014). “Tex. Occ. Code § 402.001(4). A person may not represent that the person is authorized to fit and dispense hearing instruments, or use in connection with the person’s name any designation tending to imply that the person is authorized to engage in the fitting and dispensing of…”

United States v. Terry Anderson (5th Cir. 2020). “” TEX. OCC. CODE § 402.001(4). Both Terry and Rocky Anderson are licensed hearing aid fitters and dispensers.”

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