(a) A settlement of a contested case under Chapter 2001, Government Code, must be approved by the commissioner.
(b) The department by rule shall establish guidelines for the settlement of a contested case under Chapter 2001, Government Code.
(c) The commissioner may authorize the department to conduct informal settlement negotiations between the department and a license holder to resolve a complaint, other than a complaint involving a misapplication, by a consumer against the license holder.
(d) An informal settlement reached under Subsection (c):
(1) may not require the license holder to:
(A) refund money to the consumer in an amount greater than the amount provided under the original contract for services by the license holder; or
(B) perform any services that the license holder did not agree to perform in the original contract; and
(2) does not release the license holder from any liability for a misapplication.
(e) The department by rule shall establish guidelines for the informal settlement of consumer complaints as provided by Subsections (c) and (d).