State Boards, Commissions, Departments

Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532

Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent.|Family Educational Rights and Privacy Act - A university likely may not withhold student records from state or local education officials that are necessary in connection with an audit and evaluation of a state supported education program under|Maintenance and operation tax under section Water Code section 63.282, necessity of voter approval of

County's representation of county official in action arising from the performance of a public duty. Term "sued" in Local Government Code section 157.901 most likely does not encompass disciplinary proceedings before Commission on Judicial Conduct.

The State Board of Education's authority with regard to local textbook adoption must be considered in light of the law that all powers and duties not specifically delegated by statute to the Board are reserved for the trustees of the school districts, and the agency may not substitute its judgment for the lawful exercise of those powers and duties by the trustees of the school districts under Education Code section 11.151.|The State Board of Education has authority to impose an administrative penalty against a publisher for a factual error identified by a school district under Education Code section 31.151.|It would likely exceed the State Board of Education's rulemaking authority to establish a rule that regulates school districts' compliance under Education Code subsection 28.002(h).

B-On-Time Loan Program, additional credit hours taken at an institution other than the degree-awarding institution may not disqualify a student from having a B-On-Time loan forgiven

Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Forensic Science Commission - Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Given the conclusion that the Texas Forensic Science Commission likely has no notification duties under Code of Criminal Procedure article 39.14(h), the Commission's prosecutor member would have only the duty to comply with article 39.14 that he or she would have in his or her capacity as a prosecutor for the state.|State

Transportation Code section 223.242 - the Department of Transportation may enter into a design-build contract for a highway project with a construction cost estimate of $150 million or more pursuant to section 223.242, Transportation Code|A river authority is not authorized by chapter 25 of the Parks and Wildlife Code to adopt regulations that prohibit the open carry of handguns on river authority parklands.

Unilateral, voluntary surrender of license - A court would likely determine that the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 or any other law to accept the unilateral, voluntary surrender of a license|Texas Board of Professional Geoscientist - A court would likely determine that the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 or any other law to accept the unilateral, voluntary surrender of a license|Texas Board of Professional Geoscientists - A court would likely determine that the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 or any other law to accept the unilateral, voluntary surrender of a license

Trigger point dry needling, the Board is likely authorized to conclude that the scope of practice of physical therapy includes

There is no relevant statutory provision authorizing the Emergency Services District #7, the East Montgomery County Improvement District, or the Economic Development Zone #4 to retroactively exclude from the May 2015 election territory, with a tax rate that when combined with the increased tax rate from the election, exceeds the two percent statutory cap on sales and use tax rates.|Emergency Services Districts are authorized to conduct a future election to, upon approval of its voters, abolish its sales and use tax or change the rate of a sales and use tax.|Texas Comptroller is without authority to selectively collect the sales tax approved in an election held under section 775.0751, Health and Safety Code, in only the territory in which the combined sales tax does not exceed the cap.

Liquefied petroleum gas industry - existing local ordinances, orders, or rules are preempted and superseded by Natural Resources Code section 113.054, without regard to their level of restriction or date of enactment, and without regard to whether the Texas Railroad Commission has adopted rules or standards governing a particular aspect or phase of, absent the Commission's permission as otherwise provided by section 113.065|Liquefied petroleum gas industry - Local provisions relating to any aspect or phase of, A political subdivision may petition the Texas Railroad Commission under Natural Resources Code section 113.054 for permission to promulgate, only when such local provisions would be more restrictive than the rules or standards adopted by the Commission.

Board of Managers of independent school district, period of appointment|Code Construction Act, application to Education Code|Savings provisions of Code Construction Act

In Education Code subsection 12.128(c), the Legislature has set aside public property for control by the Commissioner of Education such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).|In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).|Texas Constitution article III, sections 51 and 52(a) prohibit the Commissioner of Education from gratuitously granting property returned to the State pursuant to Education Code section 12.128 to private interests.|Permanent School Fund - In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).

Texas Facilities Commission's authority to exercise lease renewal options for agency office space

Sales agent license - language in Occupations Code section 53.021 does not authorize Lottery Commission to deny, suspend, or revoke a sales agent license due to deferred adjudication for offense of gambling|Deferred adjudication on a gambling-related offense - Lottery Commission may comply with applicable statutes and consider deferred adjudication on a gambling-related offense to be a conviction if circumstances meet requirements of 53.021(d), Occupations Code, thereby authorizing it to deny, suspend, or revoke license|Applicant character and fitness - Whether Lottery Commission may consider presence of illegal gambling activity at applicant's retail location in examining applicant's character and fitness under 466.151(e), Lottery Act, depends on facts|illegal gambling activity - court would likely conclude that Lottery Commission's express authority to make findings under 466.151(e), State Lottery Act, implies authority to determine whether particular activity constitutes illegal gambling, or if particular item constitutes an illegal gambling machine under Penal Code|"Professional gambler" - Court would likely conclude that rule broadening scope of the term "professional gambler" to include person who conducts or allows illegal gambling activity at proposed or existing lottery retail location would exceed authority Legislature granted to Lottery Commission|A court is not likely to infer authority from sections 466.351 and 466.355, Lottery Act, for the Lottery Commission to consider the presence of illegal activity at a retail location in deciding whether to deny, suspend, or revoke a sales agent license

Education Code section 29.022 - Upon receiving a request, a school district shall provide equipment not to a single classroom but "to each school in the district" that provides students special education services and otherwise meets the requirements of Tex. Educ. Code § 29.022|Education Code section 29.022, a court would likely conclude that the Texas Education Agency would exceed its rulemaking authority by adopting a rule that narrowly defines "staff member" as used in Tex. Educ. Code § 29.022

Deference to agency interpretation, Texas courts defer only when the agency adopts the construction as a formal rule or opinion after formal procedures and only upon finding an ambiguity exists in the statute and that the construction is reasonable and consistent with the plain language

Forensic Science Commission, in its reasonable discretion, may refrain from granting an exemption from accreditation under Code of Criminal Procedure article 38.01, subpart (4-d)(c), a court would likely conclude|Admissibility of forensic analysis of physical evidence, Code of Criminal Procedure article 38.35(d)(1) prevails over Texas Rule of Evidence 702 to extent of conflict|Forensic Science Commission - Admissibility of forensic analysis of physical evidence, Code of Criminal Procedure article 38.35(d)(1) prevails over Texas Rule of Evidence 702 to extent of conflict|"Forensic analysis" from a crime laboratory that is neither accredited by the Forensic Science Commission nor exempt from accreditation by statute or administrative rule is inadmissible in a criminal action in a Texas court under Code of Criminal Procedure article 38.35(d)(1), a court would likely conclude that|Forensic Science Commission - "Forensic analysis" from a crime laboratory that is neither accredited by the Forensic Science Commission nor exempt from accreditation by statute or administrative rule is inadmissible in a criminal action in a Texas court under Code of Criminal Procedure article 38.35(d)(1), a court would likely conclude that|Crime laboratory must report professional negligence or professional misconduct pertaining to forensic analysis in all disciplines - not just those that are accredited - to the Forensic Science Commission pursuant to Code of Criminal Procedure article 38.01, subpart 4(a)(2), a court would likely conclude|Forensic Science Commission - Crime laboratory must report professional negligence or professional misconduct pertaining to forensic analysis in all disciplines - not just those that are accredited - to the Forensic Science Commission pursuant to Code of Criminal Procedure article 38.01, subpart 4(a)(2), a court would likely conclude

Transportation Code chapters 502 and 520 - Department of Motor Vehicles and county assessor-collectors provide various motor vehicle registration services pursuant to|County assessor-collectors and Department of Motor Vehicles provide various motor vehicle registration services pursuant to Transportation Code chapters 502 and 520|Section 502.044, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant to|Section 1001.013, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant to

State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearings

Public funds for purposes of the Public Funds Investment Act are funds belonging to the State raised by the operation of general law and appropriated for a public purpose|Funds received by the Texas Health Services Authority from the dissolution of the Texas Health Insurance Risk Pool are public funds subject to the Public Funds Investment Act|Public funds for purposes of the Public Funds Investment Act are funds belonging to the State by operation of general law and appropriated for a public purpose

Local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits. The computation of state funding for school districts receiving additional state aid for tax reduction must not include|Computation of state funding for school districts receiving additional state aid for tax reduction must not include local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits.|Education Commissioner must not include in the computation of state funding for school districts receiving additional state aid for tax reduction the local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits.

Convictions of juveniles by municipal courts for misdemeanor offense of possession of drug paraphernalia not reportable to Department of Public Safety|Municipal courts not required to report juvenile convictions for misdemeanor offense of possession of drug paraphernalia to Department of Public Safety|Department no required to accept municipal court convictions of juveniles for misdemeanor offense of possession of drug paraphernalia

Personal information of judges, disclosure of in campaign reports and financial statements

Sworn complaint filed with the Texas Ethics Commission but which has been dismissed remains confidential under Government Code subsection 571.140(a)|Sworn complaint filed with the Texas Ethics Commission, despite being the subject of litigation, remains confidential if it has not been entered into a formal hearing or a judicial proceeding. Government Code subsection 571.140(a) provides that a|Under Government Code subsection 571.140(a), a sworn complaint filed with the Texas Ethics Commission but which has been dismissed remains confidential|Government Code subsection 571.140(a) - a sworn complaint filed with the Texas Ethics Commission, despite being subject of litigation, remains confidential if it has not been entered into a formal hearing or judicial proceeding.|Government Code subsection 571.140(a) - sworn complaint filed with the Texas Ethics Commission, but which has been dismissed remains confidential

Article VI entails preemption of state law by express provision, implication, or conflict between federal and state law|Federal preemption of certain Texas Department of Insurance bulletins regarding health reimbursement arrangements|Federal preemption of certain Department bulletins regarding health reimbursement arrangements

Application of administrative fees in Transportation Code subsection 228.0547(b) to entity contracting with TxDOT to operate toll lane under Transportation Code section 228.007(b)

Forensic Science Commission's accreditation authority over postmortem toxicological analysis|Medical examiners and forensic pathologists

Extent to which the Texas Commission on Environmental Quality must consider recommendation from local government to deny a Standard Permit under Texas Clean Air Act|Extent to which the Texas Commission on Environmental Quality must consider local zoning, land use, and other ordinances on standard permitting decisions made under Health and Safety Code sections 382.05195 and 382.05198|Permitting procedure of Texas Commission on Environmental Quality pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Permitting procedure pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Extent to which Texas Commission on Environmental Quality must consider recommendation from municipality to deny Standard Permit under Clean Air Act

Department of Agriculture may not add burdens, conditions, or restrictions beyond those imposed by statute

Article III, section 49-g - Use of state highway funds designated by voter approval of Proposition 1|Article VIII, section 7-c - Use of state highway funds designated by voter approval of Proposition 7|Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects|Transportation Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects

Board of Examiners of Psychologists rule must not be inconsistent with relevant statute|Submission of bill to third-party payer by licensed psychologist for test conducted by supervisee|Insurance fraud - Penal Code section 35.02 sets out offense of

Transfer of commercial lessor license under Bingo Enabling Act|Transfer of right to lease more than one licensed authorized organization under the Bingo Enabling Act|Authority to reopen order granting transfer of commercial lessor license|Commission's change in historical practice regarding transfer of commercial lessor license is likely a "rule" within Administrative Procedure Act

Single commission member lacks authority to terminate or hire executive director without deliberation and decision from entire commission at properly called meeting|Constructive discharge|Termination|Whether note passed from one commission member to another violates the Open Meetings Act is a fact question that cannot be answered in an attorney general opinion

Indexed life insurance product - investment in by Teacher Retirement System - conditions required for|Indexed life insurance product - conditions required for Teacher Retirement System to invest assets in

Authority and process for removing historical plaques in the Texas Capitol Complex

Permanent School Fund is nonspendable except for specific distributions and payments authorized by article VII, section 5|Permanent School Fund is nonspendable except for specific distributions and payments authorized by Texas Constitution article VII, section 5|Permanent School Fund - extent to which General Land Office should classify as nonspendable in annual financial reporting|Classification of Permanent School Fund in annual financial reporting

Prepaid funeral benefits contract as written directions for disposition of beneficiary's remains|Funeral provider’s inference from purchases made in prepaid funeral benefits contract does not satisfy statutory requirement for written directions

Rule of Texas Commission on Private Security regulating uniformed motorcycle escort services that perform traffic control and traffic safety functions is not authorized by statute|Uniformed motorcycle escort services that perform traffic control and traffic safety functions, Texas Commission on Private Security regulation of is not authorized by statute|Authority to regulate uniformed motorcycle escort services that perform traffic control and traffic safety functions, Commission does not have

Pecuniary interests making person ineligible for appointment as commissioner, Utilities Code section 12.152(b) divestiture provision does not cure a conflict under section 12.053(b)(1)(B)

Available school funds appropriated in rider 38 of 2002-03 biennial appropriation to Texas Education Agency for internal costs and for external management of permanent school fund, whether contingent, pursuant to rider 90, on fund producing $150 million o|Available school funds appropriated in rider 38 of 2002-03 biennial appropriation to Texas Education Agency for internal costs and for external management of permanent school fund, whether contingent, pursuant to rider 90, on fund producing $150 million

Information considered to be confidential by statutory law, information in possession of Interagency Council on Pharmaceuticals Bulk Purchasing is excepted from disclosure under Public Information Act as|Interagency Council on Pharmaceuticals Bulk Purchasing is a governmental body that has supervision or control over public business and is thus subject to Open Meetings Act|Executive session, Interagency Council on Pharmaceuticals Bulk Purchasing is not authorized to meet in executive session to discuss drug pricing made confidential by statute|Specific pharmaceutical, neither Texas Department of Health nor Council may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a|Specific pharmaceutical, neither Department nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a|Specific pharmaceutical, neither Texas Department of Health nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesal

Expired chiropractic license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial license|Rule contrary to statute regarding qualifications for licensure, state agency has no authority to adopt|Expired license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial license

Determination as to whether board or commission is advisory must be made by examination of constitutional and statutory provisions which created board or commission and which conferred duties on them|Certain boards or commissions that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a of Texas Constitution|Article XVI, sections 30 and 30a of the Texas Constitution, civilian appointees to Commission are subject to|Article XVI, sections 30 and 30a of the Texas Constitution, lone military appointee to Commission included in determining number of members of Commission but would not be subject to|Voting ex officio members of boards or commissions are included in determining number of members of board or commission for purposes of article XVI, section 30a|Article XVI, sections 30 and 30a, members of advisory boards and advisory commissions are not "officers" for purposes of|Certain boards that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a|Certain boards that are not "required by this constitution," legislature must increase or decrease number of board members to comply with article XVI, section 30a

Salvage motor vehicles, Department of Public Safety lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of Transportation|Salvage motor vehicles, department lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of Transportation

Member of police department means employee of the department who has a peace officer's license|Commission on Law Enforcement Standards and Education, phrase refers to Commission on Law Enforcement Officer Standards and Education|Member of fire department|Member of police department|Hours of labor and vacation of members of fire and police department in certain municipalities applies only to a "member of the fire department" or to a "member of the police department"|Fire protection personnel, "member of the fire department" means an employee who is defined as

Liens, authority of Comptroller to release information regarding taxpayer's tax liability to supplement information available in state tax lien notice filed with a county clerk|Discloser of taxpayer information, authority of Comptroller to release information regarding taxpayer's tax liability to supplement information available in state tax lien notice filed with a county clerk|Disclosure of taxpayer information, authority of Comptroller to release information regarding taxpayer's tax liability to supplement information available in state tax lien notice filed with a county clerk

Community health center revolving loan fund, authority to administer in light of later enacted bill abolishing fund as trust fund outside the state treasury|Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1 of the Texas Constitution|Trust fund abolished by later enacted bill, authority of state agency to expend monies received by fund|Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1|Community health center loans, whether statute providing for grant of money to development corporation to make such loans serves a public purpose and imposes adequate controls

Staff of Ethics Commission can interview third-party witnesses concerning facts of situation leading to filing sworn complaint without violation of statute making complaint confidential|Staff of Ethics Commission can interview third-party witnesses concerning facts of situation leading to filing of sworn complaint without violation of statute making complaint confidential

Documents relating to a sworn complaint, under certain circumstances Commission may be obligated to provide documents relating to sworn complaint against one respondent to another respondent

Coordinated health program designed to prevent certain diseases in elementary school students, whether Agency may approve more than one set of educational materials to implement|Program

Balance billing, whether physician may bill health maintenance organization enrollee for unpaid balance and whether Department of Insurance may enforce provisions of Health Maintenance Organization Act against such physicians|Balance billing, whether physicians who are not under contract with a health maintenance organization may bill HMO enrollee for unpaid balance and whether Department of Insurance may enforce provisions of Health Maintenance Organization Act against such p|Balance billing, authority to enforce provisions of Health Maintenance Organization Act against physicians who are not under contract with an HMO and who bill HMO enrollee for unpaid balance

Reciprocal exchange insurers are exempt from article 21.49-2C of the Insurance Code, and therefore not subject to a moratorium issued by the Commissioner of Insurance|Reciprocal insurance exchanges, such as Farmers Insurance Exchange and Fire Insurance Exchange, are not required to file withdrawal plans in order to withdraw from the homeowners' insurance market|Refusal of reciprocal exchange insurers to renew policies of homeowners would not violate state law provided that the exchanges follow statutory notice procedure|Refusal to renew policies of homeowners, reciprocal exchange insurers would not violate state law by their refusal, provided that the exchanges follow statutory notice procedure|Moratorium issued by the Commissioner of Insurance, reciprocal exchange insurers are exempt from article 21.49-2C of Insurance Code and therefore not subject to

Mental health parity, applicability of Insurance Code provisions requiring municipal risk pool|Pregnancy as preexisting condition, applicability of Insurance Code provisions requiring to municipal risk pool|Immunizations required for children through age six, municipality may not charge deductible of covered children even if received from non-network provider|Municipal risk pool, applicability of statutes requiring mental health parity, prohibiting treating pregnancy as preexisting condition, and prohibiting risk pool from charging deductible for covered child's required immunizations|Immunizations, municipal risk pool may not charge deductible for those required for children through age six even if received from non-network provider|Municipal risk pool, Department's jurisdiction over with respect to mental health parity requirements, use of pregnancy as preexisting condition, and charging deductible for covered child's required immunizations|Risk pool, applicability of Insurance Code provisions requiring mental health parity, prohibiting treating pregnancy as a preexisting condition, and prohibiting charging deductible for covered child's required immunizations|Deductible

Texas Corn Producers Board, authority to assess corn ensilage|Corn ensilage, authority to assess

Subspecialty, Board may deny license to practice medicine to applicant who received training at international institution accredited in specialty but not in particular subspecialty|Same|Subject|Agency construction of statute the agency is charged with administering is not unreasonable as a matter of law because the construction has changed over the years|International training institution accredited in specialty but not subspecialty, applicant for license to practice medicine who received training may be denied license|Medicine, applicant for license to practice who was trained at international institution accredited in specialty but not in particular subspecialty may be denied license

Teacher appraisals, whether Board for Educator Certification may require school districts to provide appraisals for Board to use in approving educator preparation programs and in certifying teachers|Teacher appraisals, whether Board may require school districts to provide appraisals for Board to use in approving educator preparation programs and in certifying teachers

Academic excellence indicators, State Board of Education's discretion to add additional indicators revoked by statute|Dropout rate, legislature having defined as "including" completion rate, State Board does not have power to define as limited to completion rate

Unauthorized pretrial diversion agreements, fees collected by counties and municipalities pursuant to are not taxes governed by chapter 111 of the Tax Code that must be remitted to the Comptroller pursuant to section 111.016 but rather property that must

Felony conviction, licensing agency's authority to deny or revoke professional license upon|Revoke professional license upon licensee's felony conviction, circumstances in which a licensing agency must|Privacy, double jeopardy, and self-incrimination, licensing agency's requirement that applicants and licensees provide agency with criminal history information does not violate constitutional guarantees regarding|Halfway house is not imprisonment for purposes of professional license revocation statutes|Criminal history information, Board's authority to require applicants and registrants to provide and to deny or revoke registration upon applicants or registrant's felony conviction|Imprisonment

Public Information Act, Texas Water Advisory Council is subject to|Texas Water Advisory Council is subject to Public Information Act

Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University Board of Regents from employing spouse of university president|Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University from employing spouse of university president|President of Stephen F. Austin State University is not a "public official" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code|Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code|Regents of Stephen F. Austin State University may employ spouse of university president without violating the nepotism prohibitions of chapter 573 of the Texas Government Code

Workers' compensation benefits and risk management program allocation, retirement system is not subject to|Employees and Teacher Retirement System may not be allocated share of costs of workers' compensation benefits and risk management program|Retirement systems are trust funds for members' benefit and are not subject to allocation for workers' compensation benefits and risk management program|State agency

State agency, whether a river authority constitutes|River authority, status as a state agency

Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Texas Department of Health with|Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Department with|Data sets containing individually identifiable health information, the Council is not authorized to provide the Texas Department of Health with

Barber school tuition protection account, claims for unused tuition against not limited by source of tuition|Barber school tuition protection account, authority to issue warrants for claims against is comptroller's

District judges' salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential|Notwithstanding|Salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential

Sexual abuse of child includes conduct constituting indecency with a child, sexual assault, and aggravated sexual assault|HIPAA (Health Insurance Portability and Accountability Act) privacy regulations allow health care providers to disclose confidential health information about a victim of abuse|Sexual abuse, person with cause to believe child has been victim of must make report|Cause to believe|Child sexual abuse reports, investigation of|Off-duty status does not limit law enforcement authority in presence of criminal activity

Withhold purported wrongful payments from employee's salary without agreement or judicial action, district may not|Personal liability of trustees for official action depends on whether action was taken in good faith|Advisory in nature and not binding on courts, attorney general opinions are

Corporate surety, Insurance Code governs use of assumed name|Assumed name, in county with a bail bond board, a corporate surety may not use more than one assumed name, but may operate through various individual agents, each using a different assumed name|Assumed name, in county with a bail bond board, individual who acts as a bail bond surety or as an agent for a corporate surety may operate under an assumed name, but may not use more than one assumed name

Fees of attorney ad litem appointed for a parent under Family Code section 107.013, court may not order Department to pay|Suit to terminate parent-child relationship; payment of fees for parent's attorney ad litem|Attorney ad litem appointed for a parent in termination suit, payment of fees by county

Proceeds from the sale of agency salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes and, for sales occurring on or after September 1, |Revenue constitutionally dedicated to highway purposes, proceeds from sale of salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes, and|Proceeds from the sale of salvage or surplus personal property purchased with funds constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after September 1, 2003, may b|Highway purposes, proceeds from the sale of salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after Septe

Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating Board

Repeal of confidentiality provision applies to information submitted to governmental body before repeal's effective date unless otherwise provided|Water-use surveys, repeal of confidentiality provision applies to surveys submitted to board before repeal's effective date; to the extent repeal has some retroactive effect, it does not violate constitutional prohibition against retroactive laws|Confidentiality provision, to the extent amendment repealing has some retroactive effect, it does not violate prohibition against retroactive laws

Certified Public Accountant, individual whose license has been expired for two years or more must obtain a new license but not a new certificate|Public Accountancy, Board of, individual whose license to practice accounting has been expired for two years or more must obtain a new license but not a new certificate

Hearing date for appeal of denial of mortgage broker license, hearings officer must schedule the hearing for a date no later than thirty days after the date the Commissioner receives the applicant's appeal|Last antecedent, under the doctrine of the last antecedent "a qualifying phrase must be confined to the words and phrases immediately preceding it to which it may be applied without impairing the meaning of the sentence"

Shampoo apprentice permit, Commissioner's implementation of the statute establishing a|Shampoo apprentice permit holder who operates within permit's terms is not practicing cosmetology without license

Overpayments of compensation to employees, recovery of|Recovery of state agency's overpayment of compensation to employee|Overpayment of compensation to employees, request to comptroller to recover

Provisional admission to school for children based on immunization status, the Education Agency has no authority to regulate|Immunization status, Department has exclusive authority to regulate provisional admission to school for children on based on|Provisional admission is not permitted for children who have not complied with statutory immunization requirements and rules adopted by the Department of Health|Immunization requirements, provisional admission to school is not permitted for children who have not begun to comply with and who are not excepted

Insurers, Texas Automobile Theft Prevention Authority may not assess fee on other than those writing "motor vehicle insurance" policies|Programs, Automobile Theft Prevention Authority may not fund those programs that relate to theft of self-propelled farm or construction equipment, or boats and aircraft; it may establish a program to prevent self-propelled farm and construction equipment |Motor vehicle

Federal Randolph-Sheppard Act, Commission may not impose costs for furnishing information to its licensees under|Costs for furnishing information to its licensees under Federal Randolph-Sheppard Act, Texas Commission for the Blind may not impose for

Convey donated real property or an interest therein, the Department of Parks and Wildlife may only if it determines that ownership of the property is no longer in the Department's best interest

Fees for public records, vessel and motor ownership records are not "customer information" for which the Department may charge fees outside the Public Information Act pursuant to Parks and Wildlife Code section 11.030|Fees for public records, vessel and outboard motor ownership records are not "customer information" for which the Texas Parks and Wildlife Department may charge fees outside the Public Information Act pursuant to Parks and Wildlife Code section 11.030

Animal Health Commission is not authorized to charge a fee for reviewing and processing health certificates after their completion by a private practitioner|Fee, Animal Health Commission is not authorized to charge for reviewing and processing health certificates after their completion by a private practitioner

Insurance, a hospital district or the private entity that contracts with a district to provide indigent health care may not require an uninsured applicant, as a prerequisite to receiving the care, to obtain|Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the care|Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the care because to do so would be stricter than the Depart

Municipal judges, authority to investigate possible misconduct of|City finance director, whether service as temporary municipal judge in same city violates Code of Judicial Conduct|City finance director not prohibited from serving as temporary municipal judge in same city by article XVI, section 40|City finance director not prohibited from serving as temporary municipal judge in same city by common-law incompatibility rules

Construction, repair, or maintenance contracts that are within the Texas Military Facilities Commission's exclusive authority, military facilities' exclusion from the Texas Building and Procurement Commission's duty to manage certain state facilities unde|Construction, repair, and maintenance of state-owned facilities located on property of Texas Military Facilities Commission, Commission has exclusive authority for use|Construction, repair, and maintenance of state-owned facilities located on property of Commission, Commission has exclusive authority for the|Construction, repair, or maintenance contracts that are within the Commission's exclusive authority, military facilities' exclusion from the Texas Building and Procurement Commission's duty to manage certain state facilities under section 2165.007 of the

Lump sum payment for accumulated sick leave to an individual whose employment has been terminated, Texas Military Facilities Commission is not authorized to make|Texas Military Facilities Commission is not authorized to make a lump sum payment for accumulated sick leave to an individual whose employment has been terminated

Qualified allocation plan for allocating low-income housing tax credits promulgated by the Department of Housing and Community Affairs, validity of|Low-income housing tax credits, validity of Department of Housing and Community Affairs rules establishing plan for allocating|Low-income housing tax credits, validity of rules establishing plan for allocating|Qualified allocation plan for allocating low-income housing tax credits, validity of

County judge whom the State Commission on Judicial Conduct has temporarily suspended with pay is entitled to receive the judge's total salary, including a state supplement|Temporarily suspend a judge with pay, the Commission has authority to, and a county judge who has been so suspended is entitled to receive total salary, including a state supplement, during the suspension

Abortion facilities, validity of Department rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the Act|Abortion facilities, validity of Department of Health rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the Act

Injunctive relief for violations, Residential Construction Act allows Commission to refer names of builders that have failed to register with Commission to the attorney general who may seek|Residential construction, Residential Construction Act allows business entities or individuals falling within the general definition of "builder" that have a state or local license to engage in|Injunctive relief for violations, Act allows Texas Residential Construction Commission to refer names of builders that have failed to register with Commission to the attorney general who may seek

Requirements additional to those set forth in statute, an administrative agency may not impose|Retirement benefits for employees of community supervision and corrections department employees, Employees Retirement System may not establish requirements for receiving that are inconsistent with the requirements set by the county benefit system from whi|Group benefits, an employee of a community supervision and corrections department employees is eligible for retirement benefits when he or she satisfies the eligibility standards set by the county benefit system from which the employee currently receives

Therapeutic optometrists, section 301.002(2)(c) of the Nursing Practices Act does not authorize therapeutic optometrists to give orders to registered nurses to administer medication or treatment|Administering dangerous drugs, the Board of Nurse Examiners may not permit registered nurses to administer a dangerous drug on the order of a therapeutic optometrist

"Retired status," Board of Professional Land Surveying may not establish for its registrants, in order to set a reduced renewal fee and waive continuing education requirements

Rules are construed in the same way as statutes|Remonstrance, individual's right of|Innocence, rule stating requirements to apply for Board recommendation of pardon based on Board's authority to waive such requirements

Title XI of the Federal Financial Institutions Reform, Recovery, and Enforcement Act does not require the Texas Appraiser Licensing and Certification Board to adopt additional education requirements for appraiser trainees|Board is not authorized to promulgate additional education requirements for appraiser trainees

Practice of supplementing income as commissioned peace officer by working off-duty as private security officer is not a violation of section 36.07 of Penal Code, which prohibits acceptance of honoraria by public servants|Commissioned peace officers who are employees of the state or of a political subdivision of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal Code|Commissioned peace officers employed by the state of political subdivisions of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal Code|License and registration requirements of chapter 1702 do not apply to commissioned peace officers who receive compensation for off-duty employment as security officers|Commissioned peace officer employed by the state or by a political subdivision of the state|Benefit|Honorarium|Peace Officer|Public servant

TexasOnline occupational licensing system, the State Board of Barber Examiners must participate in the electronic occupational licensing system established in connection with the TexasOnline Authority and may not issue a new or renewal license, certificat

Request for offer that was subsequently cancelled, information submitted in response to is subject to the Public Information Act|Information submitted in response to a request for offer that was subsequently cancelled, a state agency must retain consistently with the agency's record retention schedule|Record retention schedule, a state agency must retain information submitted in response to a request for offer that was subsequently cancelled consistently with|Information submitted in response to a request for offer that was subsequently cancelled, the Department must retain consistently with its record retention schedule and is subject to the Public Information Act

Engineering document, whether the business entity that employs the issuing engineer has registered with the Board of Professional Engineers is irrelevant to the validity of a properly sealed|Engineering document is valid if properly sealed although the business entity that employs the issuing engineer has not registered with the Board

Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney in connection with the attorney|Paralegal licensing under the Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney i

40 Texas Administrative Code section 819.18 is a proper interpretation of Labor Code section 21.556(a).

Agency rules, the Commission may establish by rule minimum service standards for a real estate broker who enters into an exclusive agency relationship to represent a party to a real estate transaction if the rule does not exceed the rule-making authority

Applicants for medical license examination, State Board of Medical Examiners' interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of a|Medical license examination, applicants must complete within a mandatory time period|Applicants for medical license examination, State Board of Medical Examiners' interpretation of section 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of at|Applicants for medical license examination, Board's interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of attempts allowed to take ex

Statutes regulating the manner of holding an election are directory and a departure from their provisions will not ordinarily invalidate an election, unless each departure affects or changes the result of the election|Statutory enactments concerning elections must be liberally construed in order to ascertain and effectuate the will of the voters|Submission of election predict returns to the Secretary of State, whether county's timely submission constitutes certification of election results within Texas Racing Act is fact question for the Commission|Certification of local option election results to Secretary of State within ten days, statute requiring is directory|Results of a local option election on pari-mutuel wagering propositions must be certified to the Secretary of State before the Texas Racing Commission may accept or act on a license application|Certification of election results is ministerial task

Engineer's seal must be placed on plans, specifications and other documents designed under authority of engineer's Texas license for projects to be constructed outside of Texas|Projects to be constructed outside of Texas, engineer's seal must be placed on plans, specifications and other documents prepared under authority of his Texas license for

Statutory requirement that an applicant for a license supply social security number, is neutral and uniform in application, and is a reasonable means of promoting a legitimate public interest and so does not violate the free exercise guarantee of the Unit|Professional, driver's, occupation, and recreational license may be denied on basis of applicant's refusal to provide social security number or affidavit in lieu thereof|Applicant for license who does not have social security number may not be required to obtain one, but may be required to submit an affidavit attesting to that fact|Rulemaking authority of Department includes authority to adopt rules designed to verify accuracy and veracity of an applicant's claim of having no social security number

State remediation standard, where adopted by valid rule for statewide use, application for different standard at a particular site, is arbitrary and capricious|CERCLA remediation action in the State of Texas, the U.S. Environmental Protection Agency must follow more stringent state standards that are applicable or relevant and appropriate requirements|Lead cleanup standard of the state, if an applicable or relevant and appropriate requirement. or ARAR, under CERCLA, the EPA, undertaking any remediation action at the site, must adhere to the state standard|Rules, Administrative agency is bound to follow unambiguous language of agency's own

Texas Electrical Safety and Licensing Act, section 1305.003(14) employs terms that are ambiguous and vague and therefore it is impossible to apply

Management fees deducted from mutual funds, whether payable only from appropriated funds|Permanent School Fund, payment from appropriation of expenses of managing|Constitution, construction of is governed by same rules as construction of statutes|Mutual Fund|Investment Company

Oil Field Cleanup Fund can be used to remediate commercial disposal sites to the extent a site is contaminated with oil and gas wastes, or other substances or materials within the jurisdiction of the Texas Railroad Commission|Oil Field Cleanup Fund, Commission authorized to use to plug abandoned wells, remediate oil or gas well sites and in certain circumstances to remediate commercial disposal sites|Oil Filed Cleanup Fund used to control or cleanup oil and gas wastes, other substances or materials that are causing or are likely to cause pollution of surface or subsurface water

Fire Protection, Commission on, may provide reimbursement for room and board as part of scholarship for students who attend a fire fighters training school, and may also fund room and board for fire fighters who attend the school under a Texas Forest Serv|Reimbursement for room and board, Commission on Fire Protection may provide as part of scholarship for students who attend training school, and may also fund for fire fighters who attend the school under the Texas Forest Service tuition-only scholarship

Accumulated vacation time, paid as salary under an employment contract, is not creditable compensation for purposes of determining Teacher Retirement System benefits|Accumulated vacation time, paid as salary under an employment contract, is not creditable compensation for purposes of determining benefits

Securities, federal law restricting the sale of unregistered preempts state law requiring the comptroller to sell at public sale unclaimed unregistered securities only if the comptroller would be an underwriter by doing so|Unclaimed unregistered securities, if the comptroller would be an underwriter by selling at public sale, she must sell consistently with federal law

State Emergency Communications, Commission on, public members of are not entitled to receive compensatory per diem|Compensatory per diem, public members of the Commission on State Emergency Communications are not entitled to receive

Sell promotional goods, the Commission lacks statutory authority to

Texas Treasury Safekeeping Trust Company, comptroller may not invest state funds or TexPool funds held by in direct security repurchase agreement contracts that contemplate the possibility of cash as collateral|Texas Treasury Safekeeping Trust Company, state funds and Tex Pool funds held by may not be invested in direct security repurchase agreement contracts that contemplate the possibility of cash as collateral|Cash|Money-center bank|Primary government securities dealer|Direct security repurchase agreement|Texas Treasury Safekeeping Trust Company|TexPool

Manufactured home, application for statement of ownership and location must list tax liens attached to, and such a statement that is based on false or fraudulent information regarding an existing tax lien may be refused, suspended, or revoked|Relocation permit for transporting a manufactured home, the Department may refuse to issue or may suspend or revoke a manufactured home's statement of ownership and location if the home was relocated without or with a relocation permit obtained without tru|Statement of ownership and location of a manufactured home, an application for must list tax liens attached to the home, and the Department may refuse to issue or may suspend or revoke such a statement based on false or fraudulent information regarding an|Statement of ownership and location of a manufactured home, the Department may refuse to issue or may suspend or revoke such a statement if the home was relocated without a relocation permit from the Department of Transportation or with a relocation permi

Legislature or Structural Pest Control Board, dispositive term in Texas Occupations Code, section 1951.003, "infest" as it pertains to vertebrate animals cannot be defined in opinion process because of necessary factual considerations and so must be defined by

Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving as|State Commission on Judicial Conduct, whether Canons of Judicial Conduct prohibit municipal judge from concurrent service as county commissioner is question for|Municipal judge, whether Canons of Judicial Conduct prohibit from concurrent service as county commissioner is a question for the State Commission on Judicial Conduct

Common-law conflict of interest rules invalidate contract in which regent has a personal financial interest at time of contract formation, except where statute changes common law|Conflict of interest arising after contract formation does not invalidate pre-existing contract|Common law, authority to modify by adopting statute

Vested right, retroactive law is unconstitutional only if it impairs|Term limits provisions may be applied to service before effective date|City charter provision will not be construed by this office unless it implicates a question of federal or state law

Oath of office, whether DPS commissioned officer is public officer required to take|Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety or Public Safety Commission does no operate|Oath of office, whether DPS commissioned peace officer is public officer required to take|Public office, Aldine standard established by Texas Supreme Court is standard in Texas to determine, under article XVI, section 1, Texas Constitution, whether an individual holds|Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety does no operate

Block grant funding, authority to use to fund workforce development programs listed under Labor Code section 302.062(g)

Board of Dental Examiners, to the extent rider to appropriation of, attempts to require competitive bidding on contracts valued at less than $5,000, it violates article III, section 35 of the Texas Constitution|Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas Constitution

Advisory board permitted to meet by telephone conference call under the Open Meetings Act, whether the Real Estate Inspector Committee constitutes

Licensing examination given by the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments must be validated by an independent testing professional in its entirety, including practical as well as written parts of the examination

County that is the on-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission on Environmental Quality's prohibition from working as an on-site sewage facility installer within the permitting authority's jurisdiction|On-site sewage facility installer, county sheriffs and their deputies are subject to the Commission on Environmental Quality's prohibition from working as an installer when the county is the permitting authority|On-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission's prohibition from working as an on-site sewage facility installer when the county is the permitting authority|An agency's reasonable construction of its rule is entitled to deference

Tuition equalization grant program, Higher Education Coordinating Board lacks authority to approve for participation in the program a private or independent college or university that does not have the same accreditation as public institutions of higher education|Tuition equalization grant program, board lacks authority to approve for participation in the program a private or independent college or university that does not have the same accreditation as public institutions of higher education

Fees for providing medical records in a workers' compensation proceeding, section 408.025(d) of the Labor Code governs the fees a hospital may charge to provide certain records rather than section 241.154(b) of the Health and Safety Code|Records relating to treatment of conditions or injuries for which workers' compensation benefits are not being sought, a hospital licensed under chapter 241 of the Health and Safety Code may charge retrieval and copying fees for

Refund of 9-1-1 emergency service fee imposed on wireless telecommunications connections, the Comptroller has authority to order but should abate an administrative proceeding to allow the Commission on State Emergency Communications to determine issues particularly within its expertise|Fee, primary jurisdiction to determine whether 9-1-1 emergency service fee imposed on wireless telecommunications connections by section 771.0711(a) of the Health and Safety Code

Permanent School Fund, statute that purports to give to littoral property owners title in fee simple to artificially reclaimed, once-submerged lands without compensating the Fund violates article VII, section 4 of the constitution|Permanent School Fund, statute that purports to give to littoral property owners title in fee simple to artificially reclaimed, once-submerged lands that are part of the Permanent School Fund without compensating the Fund violates article VII, section 4 of the Texas Constitution, and the General Land Office may not adopt rules effectuating such a statute

Newly registered alarm installers, authority of Board to adopt rules concerning activities of|Newly registered alarm installers, authority of Private Security Board to adopt rules concerning activities of|Safety|Conduct|Qualifications

Cash equivalent of a prize, Lottery Commission must award to a person who is at least 18 years of age but not yet 21 years of age in accordance with section 466.405 of the Government Code

Apartment building employees, license required to engage in structural pest control as defined in section 1951.003 of the Occupations Code by applying pesticides to the apartment landscape

Exemptions from immunizations required by the Department of State Health Services, private schools are not required to, but may accept|Exemptions from immunizations required by the Department, private schools are not required to, but may accept

Authority of Comptroller to investigate state agencies

Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave|Owner or manager of barber or cosmetology shop or school must provide for sterilization of nondisposable instruments used on nails, hands, or feet by means of an autoclave|Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave\r\n|Owner or manager of barber or cosmetology shop or school must provide for sterilization of instruments by means of an autoclave

Reserve peace officer employed by a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff or constable may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a navigation district may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Board

Purchase printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may|University systems' board of regents may adopt a rule that establishes a dollar amount under which the university system may purchase printing services without competitive bidding|Printing services without competitive bidding, article XVI, section 21 of the Texas Constitution does not prohibit the boards of regents of The University of Texas System and The Texas A&M University System from adopting a rule that establishes a dollar amount under which the university system may procure|Printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may procure|Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure|Open market contract|Under such regulations as may be prescribed by law

Cameras, installation of on state highway rights-of-way to monitor compliance with traffic-control signals to enforce traffic laws|Cameras, Department's authority to install on state highway rights-of-way to monitor compliance with traffic-control signals to enforce traffic laws and to permit local authorities to install for the same purpose

Manufactured homes, perfection of tax liens by filing notice with the Manufactured Housing Division of the Texas Department of Housing and Community Affairs

Opinion Withdrawn 1/14/2008 - superseded by statute, Tex. Educ. Code Ann. § 54.203

Office for the Prevention of Developmental Disabilities is not subject to the fiscal control and oversight of the Health and Human Services Commission|Office for the Prevention of Developmental Disabilities may not spend public and private grants and donations without specific legislative appropriation pursuant to article XVI, section 6(b) of the Texas Constitution|Fiscal control and oversight of the Health and Human Services Commission, the Office is not subject to|Solicit funds such as private grants, the Office is authorized to|Grants and donations, article XVI, section 6(b) of the Texas Constitution does not authorize the Office to spend public and private grants and donations without specific legislative appropriation

Sex offender registration statute; registration based on out-of-state offense|Comprehensive enactment intended to include all the law on the subject with which it deals evidences a legislative intent to repeal former statutory law

Textbooks, the State Board of Education may adopt general textbook content standards if such standards fall within the Board's statutory authority but may review ancillary items that are within the definition of "textbook"|Textbooks, the Board may adopt general textbook content standards if such standards are within the Board's statutory authority; Board also has authority to review ancillary materials that are within the definition of "textbook"

Licensing requirements, manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment, definition of "person"|Licensing requirements, Texas Lottery Commission's authority to issue group license|Authority to issue group license to manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment|Person|Group

Federal Reserve notes constitute eligible collateral for repurchase agreement contracts under chapter 404 and 2256 of the Government Code|Repurchase agreements under chapters 404 and 2256 of the Government Code, Federal Reserve notes are eligible collateral for|Federal Reserve notes constitute eligible collateral for repurchase agreements under chapters 404 and 2256 of the Government Code|Repurchase agreements under chapters 404 and 2256 of the Government Code, Federal Reserve notes eligible collateral for

Driver's license, Department of Public Safety may deny renewal of driver's license for person who fails to appear in justice or municipal court, but not of a person who fails to appear in county or district court|Driver's license, Department of Public Safety may deny renewal of driver's license for a person who fails to pay fine and cost for any offense in any court with criminal jurisdiction|Deny renewal of driver's license of a person who fails to appear in justice or municipal court, but not of a person who fails to appear in a county or district court, the Department of Public Safety may|Deny renewal of driver's license of a person who fails to pay fine and cost for any offense in any court with criminal jurisdiction, the Department of Public Safety may|Driver's license renewal, the Department of Public Safety may deny to any person who fails to appear in justice or municipal court, but not to a person who fails to appear in county or district court|Driver's license renewal, the Department of Public Safety may deny to any person who fails to pay fine or costs for any offense in any court with criminal jurisdiction

Educational requirements, authority of Board of Chiropractic Examiners to determine whether license applicant has completed required college courses from a "school other than a chiropractic school"|Educational requirements, authority of Board to determine whether license applicant has completed required college courses from a "school other than a chiropractic school"

Vehicle storage facility operator may release a stored vehicle to an individual who is not a member of the registered vehicle owner's immediate family if the individual presents a completed Affidavit of Right of Possession and Control and otherwise complies with title 43, section 18.92(a)(3) of the Texas Administrative Code|Vehicle storage facility, Department reasonably interprets its rules to permit the operator of to release a stored vehicle to an individual who is not a member of the registered vehicle owner's immediate family if the individual presents a completed Affidavit of Right of Possession and Control and otherwise complies with title 43, section 18.92(a)(3) of the Texas Administrative Code

Texas coast, Department of Insurance may disclose identities of companies writing commercial insurance policies along|Texas coast, Department may disclose identities of companies writing commercial insurance policies along

Low-income housing tax credits, validity of Department of Housing and Community Affairs rules establishing plan for allocating|Qualified allocation plan for allocating low-income housing tax credits promulgated by the Department of Housing and Community Affairs, validity of|Low-income housing tax credits, validity of rules establishing plan for allocating|Qualified allocation plan for allocating low-income housing tax credits, validity of

Agency orders, when void\r\nAuthority of agency to reopen orders that have become administratively final\r\n|Authority of Lottery Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final\r\n\r\nOrders of the Texas Lottery Commission, when void\r\n\r\nTransfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder|Authority of Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final\r\n\r\nOrders of the Commission, when void\r\n\r\nTransfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder\r\n|Codification to be give effect over prior repealed statute if specific provisions of a codification and the code as a whole are direct, unambiguous, and cannot be reconciled with prior law\r\n

Authority to file Application for Placement under Health and Safety Code section 593.041\r\n|Interested person

Requirement for evidence-based programs is applicable only to programs of the Department of Family and Protective Services that are “designed to prevent or ameliorate child abuse and neglect� rather than to all programs funded by that Department\r\n|Requirement for evidence-based programs is applicable only to programs of the Department that are “designed to prevent or ameliorate child abuse and neglect� rather than to all programs funded by the Department|Evidence-based programs \r\n

Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to require|Sheriff may not accept bail on offense committed in the county while accused is jailed in another state\r\n

Permanent school fund, accounting methodology for calculating market value for distribution to available school fund \r\n|Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund\r\n|Real property

Wrongful imprisonment, state compensation for |Claim for compensation for wrongful imprisonment, comptroller may approve when wrongful imprisonment was served concurrently with a sentence for an unrelated offense that was served in prison solely because of the wrongful conviction\r\n|For

Open-enrollment charter schools are not authorized in that capacity to operate a commissioned police force\r\n

Tissue procurement organization's use of medical examiner's facility presumably has been determined by the Legislature to constitute a constitutional use of public funds|Tissue procurement organization, a county medical examiner may not seek reimbursement from organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resources

Veterinary Medical Examiners, Board may adopt rule prohibiting a licensee from dispensing a controlled substance unless licensee has registered with Department of Public Safety|Controlled substance, Board may adopt rule prohibiting licensee from dispensing unless licensee has registered with Department of Public Safety|Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting licensee from dispensing unless licensee has registered with the Department|Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting Licensee from dispensing unless licensee has registered with Department of Public Safety

Procedural rule that requires a vote of greater than a majority of the number of members of the Board present and voting, Board may not adopt

State expenditure database, as private information a public employee's net salary information may not be included in|County-of-residence information, public employees' not required to be included in state expenditure database|Database of state expenditures may not include information identified by a state agency as excepted from required disclosure or as confidential|Database of state expenditures, Comptroller must establish and publish|State action, assuming that a private entity that is credentialed by the state to provide continuing education for peace officers and with which the state contracts to provide such training is engaging in|Union membership, classification on the basis of is subject to review under the rational-basis standard|Continuing education required by law, asuming that a private entity that is credentialed by and has contracted with the state to provide is engaging in state action; but such an entity's policy of reducing tuition for members of the entity rationally relates to a legitimate state purpose

Americans with Disabilities Act, court would probably find that state agency violated if it denied Texas residents meaningful access to state services|Meaningful access

Insurance policies are contracts|Liability insurance that real estate inspectors are required to carry|General liability insurance|Incompetence|Professional liability insurance

Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Texas Commission on Environmental Quality to only those pollution control facilities, devices, or methods associated with|Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Commission to only those pollution control facilities, devices, or methods associated with

Event ticket game with "graphic and dynamic" video confirmation|Video confirmation device described as "graphic and dynamic" used solely to inform players of th winning numbers in a bingo game|Rules on "graphic and dynamic" video confirmation device for event ticket game|Event ticket|Smart card

Raffle-style game, Lottery Commission may not operate |Raffle-style game, Commission may not operate

Section 7209(b) of Public Law 108-458, enhanced driver's license issued under section 521.032 of the Transportation Code is consistent with federal law when it conforms to|Section 7209(b) of Public Law 108-458, enhanced driver's license issued under section 521.032 of the Transportation Code is not preempted under federal law when it conforms to|Department may issue enhanced driver's license issued under section 521.032 of the Transportation Code that conforms to section \r\n7209(b) of Public Law 108-458

Exemption under section 104.202 of Utilities Code, state agency must contract to use annual average of 100 Mcf per day of natural gas in order to quality for the |State agency

Tobacco Settlement Permanent Trust Account Investment Advisory Committee, board members are not state officers required to file chapter 572, Government Code, financial statements\r\n|Financial statements under chapter 572, Government Code, board members of the Tobacco Settlement Permanent Trust Account Investment Advisory Committee, are not required to file\r\n|Tobacco Settlement Permanent Trust Account Investment Advisory Board, chapter 572 of Government Code relating to filing of personal financial statement is not applicable to board members of the

State Board for Educator Certification is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Board is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Including|May

Available school fund, constitution does not permit school land board to transfer funds from permanent school fund to available school fund|Constitution does not permit School Land Board to transfer funds from permanent school fund to available school fund|Participates in constitutionally required process for transferring funds from permanent school fund to available school fund|Permanent School Fund\r\nPerpetual School Fund\r\nPublic Free School Fund\r\nTotal Return

Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Texas Commission on Environmental Quality|Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Commission

Proper formula under section 21.402, Education\r\nCode, for determining the required contributions by a school district to the Teacher Retirement System for compensation that exceeds the statutory minimum|Notwithstanding

Lottery Commission, constitutionality of statute prohibiting a member of the Lottery Commission from coercing, attempting to coerce, or advising a person to contribute for political purposes|Lottery Commission, constitutionality of statute prohibiting a member of the Lottery Commission from coercing, attempting to coerce, or advising a person to contribute for political purposes; application to political fundraising events|Constitutionality of statute prohibiting a member of the Commission from coercing, attempting to coerce, or advising a person to contribute for political purposes; application to political fundraising events

Agency rule exempting short-duration programs from child-care facility licensing requirement is invalid as inconsistent with section 42.041, Human Resources Code

Appointment to represent an indigent criminal defendant in appellate proceedings, whether a justice may accept|County official, justice of the peace is for purposes of Code of Criminal Procedure article 26.06\r\n|Appointment to represent an indigent criminal defendant in appellate proceedings, article 26.06 of the Code of Criminal Procedure and Government Code section 82.064 appear to recognize the authority of a justice of the peace to accept|Code of Judicial Conduct, whether a justice of the peace violates in particular circumstances is to be determined by the Commission in the first instance\r\n|County official

Rehabilitation permit from Parks & Wildlife Department, holder of not exempt from application of section 822.102(5), Health & Safety Code, with regard to animals not indigenous to Texas|Holder of rehabilitation permit from Parks and Wildlife Department is not exempt from section 822.102(5)of Health and Safety Code with regard to animals not indigenous to Texas |Rehabilitation permit from Department, holder of is not exempt from application of section 822.102(5) of Health and Safety Code, with regard to animals not indigenous to Texas

Standard method adopted by the Higher Education Coordinating Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective |Standard method adopted by the Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective

Electronically readable information encoded on the magnetic stripe of a driver’s license to verify the age of persons using self-service terminals and vending machines to purchase lottery tickets, section 521.126 of the Transportation Code permits the Texas Lottery Commission to use

Texas A&M University System, retiree participating in group benefits program is not eligible to also participate in Employees Retirement System group benefits program as active employee, but individual may elect to participate either as retiree or as active employee|Retiree who participates in Texas A&M University System group benefit program, but is now an active state employee, is not eligible to also participate in Employees Retirement System group benefits program, but individual may elect to participate either as retiree or as active employee

Licensing of child-care facility by the Texas Department of Family and Protective Services, whether a school district operates a particular program that is therefore exempt from such requirements under section 745.119(1), title 40 of the Texas Administrative Code is a question of fact|Licensing of child-care facility by the Department, whether a school district operates a particular program that is therefore exempt from such requirements under section 745.119(1), title 40 of the Texas Administrative Code is a question of fact|Operate

Department of Information Resources, conflict of interest for board members or the executive director to receive money or other thing of value from entity that may be awarded contract by state government|Conflict of interest for board members or the executive director to receive money or other thing of value from entity that may be awarded contract by state government|Contract|May

Criminal history record information subject to a nondisclosure order, authority to access

Comptroller's report on limitation agreements under Tax Code sections 313.008 and 313.032, contents of |Report on limitation agreements under Tax Code sections 313.008 and 313.032, contents of

Monies held in trust in a particular subaccount of the state highway fund, Department of Transportation may not transfer to a regional transportation authority|Monies held in trust in a particular subaccount of the state highway fund, Department may not transfer to a regional transportation authority

Limitation on amount to be transferred from the permanent school fund to the available school fund under article VII, subsection 5(a)(2) of the Texas Constitution to be applied annually

Method of disposition for purchaser’s remains specified in a prepaid funeral contract may not be changed by holder of statutory durable power of attorney\r\n\r\n|Durable power of attorney under Probate Code chapter XII, holder of may cancel prepaid funeral contract but may not change method of disposition for principal’s remains specified in a prepaid funeral contract of which principal is purchaser and beneficiary|Prepaid funeral contract: Method of disposition for purchaser’s remains specified therein may not be changed by holder of statutory durable power of attorney

Notary public is appointed to serve by the secretary of state and is public officer for some purposes|Implement rules for disposition of a notary’s book and seal, secretary of state is required to|Limit or prohibit an employee who is a notary public from performing notarial acts during employment hours, a private employer may\r\n|Notarial records and seal of an employee/notary public upon termination of employment, an employer may not retain the

Open Meetings Act, Texas State Library and Archives Commission’s rule requiring a state agency to create and maintain written minutes of the agency’s open meetings is invalid under the|Administrative rule may not be inconsistent with the expression of the lawmakers’ intent in statutes other than those under which the regulations are issued

Texas Asbestos Health Protection Act, a municipality is included in the term "person" as used in the|Texas Asbestos Health Protection Act, inclusion of a municipality in the definition of person does not constitute a clear and unambiguous waiver of immunity from suit for a violation of section 1954.259(b)(2) of the|Texas Asbestos Health Protection Act, a municipality is included in the term "person" as used in the\r\n\r\nTexas Asbestos Health Protection Act, sections 1954.351 and 1954.401(a)(1) are not limited in application to those persons who are registered or licensed under the\r\n\r\nTexas Asbestos Health Protection Act, inclusion of a municipality in the definition of person does not constitute a clear and unambiguous waiver of immunity from suit for a violation of section 1954.259(b)(2) of the

Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n\r\nConviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public|Notary public, under Government Code section 406.004 an individual with a conviction of a felony or crime involving moral turpitude may not be commissioned by the Secretary of State as a|Commissioned as a notary public by the \r\nSecretary of State, Government Code section 406.004 precludes an applicant with a conviction of a felony or a crime involving moral turpitude from being \r\n\r\n|Revocation proceedings against a notary public on the basis of a conviction of a felony or a crime involving moral turpitude, the Secretary of State is authorized, but not required, to initiate|Must\r\nMay\r\nGood cause|Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n|Conviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public

Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency\r\n\r\n|Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency|Assistant adjutant general is not a single state officer who governs a state agency under section 659.024(c), Government Code, and may accrue compensatory leave

To the extent that agency rule expands services that an assisted living facility may provide to include nursing services that go beyond personal care services of the administration of medication, it is contrary to the statute and agency has exceeded its authority in promulgating it\r\n|Assisted living facilities are not authorized to use facility staff to provide nursing services beyond personal care services and the administration of medication to residents that have a terminal condition or an acute illness of short duration|To the extent that agency rule expands services that an assisted living facility may provide to include nursing services that go beyond personal care services of the administration of medication, it is contrary to the statute and agency has exceeded its authority in promulgating it

Real Estate Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or seller|Defining the term "buyer" and "seller" is necessary to determine whether a person constitutes a buyer or seller of real property for which a real estate inspector has accepted employment and is for the Real Estate Commission to define in the first instance|Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or seller|Real Estate Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or seller\r\n

Posthumous pardons, the Texas Constitution does not limit the Governor's authority to grant posthumous pardons as long as all other constitutional requirements are met|To the extent that the Governor was previously advised in an attorney general opinion that Texas case law prohibited him from granting posthumous pardons, it was reasonable for Governor to rely on such advice|Posthumous pardon, the Board is constitutionally authorized to recommend that the Governor grant a|While they are persuasive authority, attorney general opinions are not binding|To the extent that the Governor was previously advised in an opinion that Texas case law prohibited him from issuing a posthumous pardon, it was reasonable for the Governor to rely on such advice

Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\nJurisdiction to award title or ownership of a vehicle in enforcing a lien under Government Code section 27.031|Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\n|Authority of justice and municipal court to award title or ownership of motor vehicles|Order from a justice or municipal court, under section 501.074(a)(4) of the Transportation Code, the Department may accept and issue a new certificate of title based on an

Pollution resulting from generalized discharges of waste which are not traceable to a specific source, the Legislature has authorized a municipality to regulate in its extraterritorial jurisdiction|Nonpoint source pollution

Approve or disapprove a particular budget submitted to it, as long as it ultimately approves a budget annually as required by the Legislature, the Board of Directors of the Center is authorized to either\r\n\r\n|Advice to the Center, including advice concerning the organization and design of the Center; the Board of Directors may offer \r\n|Approving budgets for only those programs that are in furtherance of the Center’s powers expressly conferred by the Legislature or reasonably necessary to carry out its responsibilities, the Board of Directors is limited to

Sex offender registration of juvenile, juvenile court’s deferral of decision on during treatment|Court order, attorney general opinion will not review|Commission, authority to require sex offender registration of juvenile upon release

Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation"|Item of appropriation

Comptroller must determine whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium, and absence of that transfer in 2010-2011 biennium, results in a gain in overall funding to Texas Department of Transportation|Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation"|Gain in overall funding to Texas Department of Transportation, whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium and absence of that transfer in 2010-2011 biennium results in a

Local option election; county payment for expenses of|Local option election, when petitioners must make deposit to file petition|Local option elections

Private Security Act, exemption for repossession agents|Locksmiths, licensed by board\r\n\r\nRepossession agents, exemption under Private Security Act

Revenue from the sale of prepaid phone cards in the county jail commissary should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the county|Prepaid phone cards, revenue from the sale of in the county jail commissary, should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the county|Authority to adopt rule that increases the number of training hours required for an employee of a day-care center or group day-care home from that set out in statute

Final orders in contested cases, authority of Board and director of Motor Vehicle Division to issue\r\n\r\nDelegation of final order authority to the director of the Motor Vehicle Division, Board has no implied authority to do so\r\n\r\nConflict of interest provisions, application to Board members must be determined on a case-by-case basis|Lemon Law

Residential appliance installer, authority to work on pools|Comma, a court may omit if it distorts the Legislature’s intention, as determined from the statute

Vacancies on the Texas Higher Education Coordinating Board, the Governor may fill as provided by law|Vacancies on the Board, the Governor may fill as provided by law

Federal law does not preempt Human Resources Code section 32.0248(h), which, provides that the Health and Human Services Commission may not contract with entities that are affiliates of entities that perform or promote elective abortions|Medicaid women’s health care demonstration project, constitutionality of ban on Health and Human Services Commission contracting with an entity that has an affiliate that promotes or performs abortions|Medicaid women’s health care demonstration project, constitutionality of ban on Commission contracting with an entity that has an affiliate that promotes or performs abortions

An administrative agency can adopt only such rules as are authorized by and consistent with its statutory authority|In deciding whether an agency has exceeded its rule-making powers, the determinative factor is whether the rule’s provisions are in harmony with the general objectives of the act involved|Beyond the authority of the Commission, as we construe subsection 32.0248(h) of the Human Resources Code, the term \\"affiliate\\" connotes an element of control between entities and, to the extent the Commission’s proposed rule defining the term does not include any element of control between entities, a court would likely consider it to be inconsistent with subsection 32.0248(h) and thus|Affiliate

State Board of Education, authority to pay attorney fees on a contingent basis out of recoveries of the corpus of the Permanent School Fund|State Board of Education, authority to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Attorney fees, authority of Board to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Permanent School Fund, authority of State Board of Education to pay attorney fees out of recoveries of the corpus of the Permanent School Fund

Conviction information that the Texas Youth Commission must furnish to a school district when its parolee transfers to a district in which he has not been previously enrolled|Statement of offense

Document establishing a complainant’s residency or real-property ownership in Texas under sections 571.122 and 571.124 of the Government Code, a court would likely give serious consideration to the Texas Ethics Commission’s decision not to send a copy of such document to the respondent in a matter regarding a sworn complaint a|Document establishing a complainant’s residency or real-property ownership in Texas under sections 571.122 and 571.124 of the Government Code, a court would likely give serious consideration to the Commission’s decision not to send a copy of such document to the respondent in a matter regarding a sworn complaint a

Evidence tested or offered into evidence prior to effective date of enabling Act (Sept. 1, 2005), the Forensic Science Commission may conduct investigations of incidents that occurred before Act’s effective date but it is prohibited from considering|Forensic Science Commission’s investigative authority is limited to those laboratories, facilities, or entities that were accredited by the Department of Public Safety at the time forensic analyses took place|\\"Forensic analysis\\" has the precise meaning specified in the statutory language of article 38.35, Code of Criminal Procedure|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to FSC investigation, assuming all other statutory requirements are satisfied|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to Forensic Science Commission investigation, assuming all other statutory requirements are satisfied|Forensic analysis

Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d)of art. 179e.|Citizenship|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art. 179e.|Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d) of art. 179e|Fact questions cannot be answered in an attorney general opinion. U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves mixed questions of fact and law.|U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves questions of fact that cannot be answered in an attorney general opinion.|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art 179e.

Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital|Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to make

State Board of Education, under section 7.103(c), Education Code, a person who is a lobbyist and who communicates directly with the legislative or executive branch to influence legislation or administrative action in or on behalf of a profession, business, or association that pertains to or is associated or connected with any of the statutorily enumerated powers or duties of the State Board of Education is not eligible to serve on the

Local law enforcement must furnish information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare to the Department of Family and Protective Services|Information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare, local law enforcement agency must furnish to Department of Family and Protective Services

Single \\"primary function,\\" the Medicaid and Public Assistance Fraud Oversight Task Force does not have a single primary function, and thus, chapter 2110 of the Government Code is not applicable to it|Advisory committee

Licensed Specialist in School Psychology, authority to use \\"Nationally Certified School Psychologist\\" as a professional descriptor

Complaints about postsecondary educational institutions, the Texas Higher Education Coordinating Board has authority to promulgate procedures for handling|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Higher Education Coordinating Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious institutions’ secular programs of study, the Higher Education Coordinating Board may handle|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Texas Higher Education Coordinating Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious Institutions’ secular programs of study, the Texas Higher Education Coordinating Board may handle|Complaints about postsecondary educational institutions, the Board has authority to promulgate procedures for handling|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious institutions’ secular programs of study, the Board may handle

Licensing and certification of real estate appraisers, chapter 1103 of the Texas Occupations Code regulates\r\n\r\nRules that are more stringent than the Uniform Standards of Professional Appraisal Practice, chapter 1103 of the Occupations Code subjects appraisers to the Uniform Standards of Professional Appraisal Practice and Board rules\r\n\r\nIf the Uniform Standards of Professional Appraisal Practice or Board rules regulate a particular task that appraisers might perform, chapter 1103 of the Occupations Code would require appraisers to comply with those regulations\r\n\r\nSubject to judicial review, the Board may determine whether the Uniform Standards of Professional Appraisal Practice or Board rules regulate particular tasks that appraisers might perform

Social security numbers of its licensees or applicants, the Board of Physical Therapy Examiners may not provide to a national organization of licensing authorities

Duties relating to the issuance of driver’s licenses and personal identification certificates, Department of Public Safety may not delegate such duties to county tax assessor-collector nor may a county participate in such a program|Driver’s licenses and personal identification certificates, Department may not delegate to county tax assessor-collector its duties relating to the issuance of, nor may a county participate in such a program

Seal or redact information that is the subject of a nondisclosure order, under certain circumstances section 411.081 of the Government Code would not require the Texas Board of Nursing to|Seal or redact information that is the subject of a nondisclosure order, under certain circumstances section 411.081 of the Government Code would not require the Texas Board of Nursing to

Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the State Committee of the Examiners in the Fitting and Dispensing of Hearing Instruments from having a|Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the Committee from having a|As the administrative agency that oversees the regulation of hearing instruments, the Committee is authorized to determine the scope of the meaning of the prohibition in subsection 402.053(d) of the Occupations Code|Absent statutory definitions of appropriate terms or other meaningful guidance from the Legislature or Texas courts on the meaning of the phrase \\"retail hearing instrument company,\\" in section 402.053(d) of the Occupations Code, we cannot definitively determine the scope of that phrase

Major Events Trust Fund, the Comptroller of Public Accounts is required to follow the precise procedures described in section 5A, article 5190.14 of the Revised Civil Statutes before committing expenditure of funds from the|Major Events Trust Fund, the Comptroller is required to follow the precise procedures described in section 5A, article 5190.14 of the Revised Civil Statutes before committing expenditure of funds from the

Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code a non-attorney may not practice law at a|Non-attorney may not practice law at a special education due process hearing pursuant to subsection 81.101(a) of the Government Code|Non-attorney to engage in conduct that constitutes the practice of law, a court would have a basis to invalidate a Texas Education Agency rule that allows a|Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code, a non-attorney may not practice law at a|An agency rule that allows a non-attorney to engage in conduct that constitutes the practice of law, a court would have a basis to invalidate a

Hearing fee, if state prevails, SOAH should bill private contractor for; if private contractor prevails, SOAH should bill state agency unless agency is listed in Rider 7c to SOAH’s current appropriation

Promotional second-chance drawings for losing tickets, pursuant to broad authority under State Lottery Act and absent prohibition otherwise, it is likely that Texas Lottery Commission has authority to utilize Internet for

Designated engineering representative appointed by Federal Aviation Administration need not be licensed as a Texas professional engineer unless engaged in practice of engineering in Texas outside scope of federal designation|Licensed by the Board, person engaging in the practice of engineering in Texas outside the scope of capacity as a federally appointed \\"designated engineering representative\\" must be

Eligibility for funds from the Major Events Trust Fund, requirement of prior application to site selection organization by a local organizing committee, endorsing municipality, or endorsing county regarding

Information from alcoholic beverage reports that is required to be furnished to authorized persons under section 111.006, Tax Code, must identify the retailers to whom the alcoholic beverages are sold|Alcoholic beverage reports, information from, that is required to be furnished to authorized persons under section 111.006, Tax Code, must identify the retailers to whom the alcoholic beverages are sold

Hazlewood Act tuition exemption, Texas Higher Education Coordinating Board has authority to determine whether to promulgate certain rules relating to exemption|Texas Higher Education Coordinating Board has authority to adopt rule which would allow veterans applying for state Hazlewood Exemption who are otherwise entitled to federal Chapter 33 benefits to not first exhaust Chapter 33 benefits, court would likely conclude that|Texas Higher Education Coordinating Board has authority to adopt rule which would allow veterans applying for state Hazlewood Exemption who are otherwise entitled to federal Chapter 33 benefits to not first exhaust Chapter 33 benefits, court would likely conclude that

Act of sending letter requesting restitution damages based upon unadjudicated claim for breach of grant contract will not, by itself, establish debt to the state for purposes of Government Code section 403.055|A debt to the state, for purposes of Government Code section 403.055 the act of sending letter requesting restitution damages based upon unadjudicated claim for breach of grant contract will not by itself establish|Existence of a debt to the state under Government Code section 403.055, if specific contract terms that create an agreement between the state and grantee establish a debt, the Commission on Environmental Quality can allege the existence of a debt by statutory reference or if the Commission can establish the debt by some other lawfully effective means, the Commission could establish the|Report person to Comptroller as indebted to state under Government Code subsection 403.055(f), until Commission has provided grantees with due process, including opportunity to contest amount or existence of contract breach, Commission may not

Discretion to grant or deny certificate of authority to foreign medical school that satisfies statutory and regulatory criteria, under Education Code chapter 61, Texas Higher Education Coordinating Board has the|Discretion to grant or deny certificate of authority to foreign medical school that satisfies statutory and regulatory criteria, under Education Code chapter 61, Board has the

Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission’s authority to

Medicaid, Health and Human Services Commission rule for payment of Medicare deductibles and coinsurance for services provided to persons eligible for both Medicare and Medicaid

The Comptroller\\'s conclusion that voters in areas annexed for limited purposes under Local Government Code section 43.0751 must be given the opportunity to vote on the imposition of fire control and crime control district taxes before a municipality my impose them on those areas is reasonable and will likely be shown deference by the courts.

State Bar of Texas is an administrative agency of the judicial department that aids the Texas Supreme Court in the court\\'s regulation of the practice of law in Texas|Government Code section 81.019 pertains to the election of officers to the Texas State Bar Board of Directors|Government Code subsection 81.019(c) is not an exception to State Bar of Texas election rules or its Board\\'s policies, but rather is a specific legislative requirement as to what the \\"election rules must permit\\"|Government Code subsection 81.019(c) does not exempt president-elect write-in candidates from State Bar election rules and Board policies|Enforceability of sections 2.01.04 and 2.01.05 of Texas State Bar Board of Director\\'s Policy Manual relating to Board eligibility requirements|Sitting members of Texas State Bar Board of Directors are precluded from being nominated for president-elect under Board policy|Texas State Bar rule article IV, section 11(B) does not prohibit sitting Board members from being nominated for president-elect by petition|To the extent that Texas State Bar Board of Directors\\' policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceable|State Bar of Texas, Texas Supreme Court exercises administrative control over and promulgates rules which govern the State Bar|State Bar of Texas board of directors is the governing and policy-making body within the State Bar. To the extent that State Bar board of directors policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceable|Supreme Court of Texas exercises administrative control over and promulgates rules which govern the Texas State Bar

Competitive bidding, as required by Government Code section 2155.063, may not be required for some investment decisions if they do not involve the purchase of or contract for goods or services. Contracts with investment managers and investment service providers will require competitive bidding, as those involve the purchase of or contract for services.

Partnership Advisory Commission is generally not subject to the Open Meetings Act

Employee service credit, requirement of interest when establishing service credit for a reinstated employee

Texas Medical Board investigators who are not commissioned peace officers may carry a licensed concealed handgun while on duty|Investigators for the Texas Medical Board who are not commissioned peace officers may carry a licensed concealed handgun while on duty

Agency\\'s reasonable interpretation of its statute is entitled to deference|Qualified allocation plan for allocating low-income housing tax credits, validity of

Occupations Code section 501.004 - a university is not required to use the official title of \\"psychologist\\" or \\"psychological associate\\" when describing employees in order for those employees\\' activities and services to be exempt from the Psychologists\\' Licensing Act|Occupations Code section 501.004 - a university could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and the activities or services performed within the scope of that employment would be exempt under|Occupations Code section 501.004 - a university subject to section 501.004 could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and that individual\\'s activities or services performed within the scope of the employment would be exempt

Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for the implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|Tax Code chapter 171, subchapter S is silent on the question of appeal of a denial of a certificate of eligibility, and there is no constitutional violation or impairment of vested property right, so the denial of a certificate of eligibility is not subject to appeal|New tax credit in House Bill 500 of the 83rd Legislature is not limited to taxable entities, thus it may be claimed and transferred by an entity that owns a rehabilitated certified historic structure even if the entity is not subject to the franchise tax|New tax credit for rehabilitated, certified historic structures created in House Bill 500 of the 83rd Legislature, to be codified at Tax Code chapter 171, subchapter S, is not operative until the 2015 tax year|An entity whose qualifying rehabilitated certified historic structure is placed in service between September 1, 2013 and January 1, 2015, may be eligible for the new tax credit but not until the 2015 tax year|Costs and expenses that are \\"eligible costs and expenses\\" associated with the rehabilitated certified historic structure qualified under the statute would be eligible for the new tax credit but not until the 2015 tax year

Evidentiary provisions of article 38.01, Code of Criminal Procedure, do not limit a report of the Science Advisory Workgroup created by the State Fire Marshal\\'s Office.|A determination about the admissibility of the Science Advisory Workgroup\\'s findings or the weight they are to be given by a judicial tribunal is for the tribunal.|Code of Criminal Procedure article 38.01 governing the Texas Forensic Science Commission does not limit any investigative authority that may be vested in the Science Advisory Workgroup created by the State Fire Marshal\\'s Office.|Neither Government Code chapter 417 nor Opinion GA-0866 limits the State Fire Marshal\\'s office from investigating and making findings on closed arson cases|State Fire Marshal\\'s Office - Article 38.01 of the Code of Criminal Procedure, governing the Texas Forensic Science Commission, does not limit any investigative authority that may be vested in the Science Advisory Workgroup created by the State Fire Marshal\\'s Office|State Fire Marshal\\'s Office - Attorney General Opinion GA-866 construes only Code of Criminal Procedure article 38.01, pertaining to the Texas Forensic Science Commission, and does not limit any authority of the Science Advisory Workgroup created by the State Fire Marshal\\'s Office

Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the METF statute|Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the Major Events Trust Fund statute|Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statute article 5190.14, section 5A to adopt rules to implement the METF statute

The U.S. Department of Housing and Urban Development created the Rental Assistance Demonstration program by which a public housing annual operating subsidy under Section 9 of the U.S. Housing Act of 1937 converts to a rental subsidy under Section 8 of the Act|The Texas Department of Housing and Community Affairs administers the state\\'s low income housing tax credit program under which tax credits are competitively awarded to developers of low income housing|As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-aside|If Texas Department of Housing and Community Affairs determines that a development undergoing federal Rental Assistance Demonstration program conversion received assistance under Section 8 of the U.S. Housing Act of 1937 and consequently is eligible for the at-risk set-aside, a court is unlikely to disturb that determination|Government Code subsection 2306.6714(a-1)limits eligibility for at-risk tax credit set aside of at-risk developments under subsection 2306.6702(a)(5)(B), but does not affect eligibility of subsection 2306.6702(a)(5)(A) developments|A development that no longer satisfies the definition of \\"at-risk development\\" under Government Code subsection 2306.6702(a)(5)(B) would still be eligible for the at-risk tax credit set-aside if it satisfied subsection 2306.6702(a)(5)(A)

To the extent institutions of higher education are state agencies subject to Labor Code chapter 501, they must have State Office of Risk Management approval to purchase property, casualty, or liability insurance|Property, casualty, or liability insurance; except for those otherwise excluded, state agencies subject to Labor Code chapter 501 must have State office of Risk Management approval to purchase for itself

Lottery Commission - authority to deny or revoke an entity\\'s bingo-related license solely on the basis that an officer, director, or shareholder has been convicted or constructively convicted of certain offenses|Bingo-related licenses - authority to deny or revoke an entity\\'s bingo-related license solely on the basis that an officer, director, or shareholder has been convicted or constructively convicted of certain offenses

Texas Triple Chance, a court is unlikely to conclude that a game is unconstitutional merely because it awards a preset prize amount regardless of the number of tickets purchased or because it does not carry forward any unpaid prize money to be awarded to an eventual winner

Procurement of service providers for mental health and substance abuse programs administered by the Department of State Health Services|Procurement of service providers for mental health and substance abuse programs administered by a designated local behavioral health authority|Mental health and substance abuse programs, administration of|Procurement of service providers|Department of State Health Services, delegation of authority over mental health and chemical dependency services to a local behavioral health authority

Mental health records of patients of a psychologist placed in the custody of the State Board of Examiners of Psychologists by a court order are likely not state records under Government Code chapter 441|State Board of Examiners of Psychologists has discretion to determine how to destroy records that are not state records under Government Code chapter 441 in a manner that fully protects the identity and privacy of the patients who are the subject of the records

Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care model|The Health and Human Services Commission is responsible for administering the state\\'s Medicaid Program, which is a federal-state program providing health-care services for low-income individuals|Reimbursement for behavioral health services under Texas Medicaid Reimbursement Methodology|The Texas Health and Human Services Commission does not operate under the Insurance Code. It is the state agency that administers the state\\'s Medicaid program for individuals who cannot afford insurance.

Secretary of State\\'s authority to enforce notary public\\'s duty to provide copies of entries in the notary public record book upon proper request|Notary public\\'s duty to respond to a request for copies of entries in the notary public record book by providing redacted copies|Article IV, section 26 concerning notaries public|State statutory duty to disclose information in light of possible federal constitutional or statutory privilege

Administrative support for the performance of council duties may be obtained only from the Department of Health

Maintenance and operations average tax rate adjustment for school districts, Teacher Retirement System may calculate to the fourth decimal place to determine district's liability for state contribution to retirement fund

Architectural improvements to private homes, Department may not use funds other than those appropriated to make | Architectural improvements to private homes, Department of Mental Health and Mental Retardation may not use funds other than those appropriated to make

Hearing aid company, member of Board may not be employed by | Examiners in the Fitting and Dispensing of Hearing Aids, members of Board may not be employed by hearing aid company

Training requirements for trustees of junior college, Board may not mandate | Junior college district trustees are not authorized requestors of attorney general opinion | Attorney general opinions, junior college district trustees are not authorized requestors of | Training requirements for trustees of junior college, Higher Education Coordinating Board may not mandate

All county facilities used for confinement of county prisoners are subject to jurisdiction of Commission | Single cell and dormitory requirements for county jails, Commission has authority to establish reasonable standards for design of ancillary facilities which depart from | Jurisdiction of the Commission on Jail Standards, all county facilities used for confinement of county prisoners are subject to | Single cell and dormitory requirements for county jails, Commission on Jail Standards has authority to establish reasonable standards for design of ancillary facilities which depart from

Overweight vehicles, Department of Transportation may issue permits for | Department of Transportation may issue permits for overweight vehicles

Experience ratings, effect of 1991 amendments to Insurance Code on State Board of Insurance's authority to use in rating insurers | Lloyd's plans or interinsurance exchanges, 1991 amendments to Insurance Code apply to | Experience ratings, effect of 1991 amendments to Insurance Code on Board's authority to use in rating insurers

Management search consultants exempt from registration and bonding by Department of Licensing and Regulation | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department of Licensing and Regulation | Management search consultants exempt from registration and bonding by Department | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department | Management search consultant

Public hearing, Department required to hold before awarding grant under Human Immunodeficiency Virus Services Act to nonprofit organization if grant exceeds $25,000, but not required to hold before renewing grant

Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department to delete certain information from|Deletion of records, application to director and librarian of State Archives and Records may provide mechanism for consistent with state law in connection with voluntary Equal Employment Opportunity Commission settlement|Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department of Human Services to delete certain information from

Bona fide category of employees, merit raise given to spouse of superintendent of Department of Mental Health and Mental Retardation school who is employed at the same facility is not raise given to|Nepotism prohibitions, merit raise given to spouse of superintendent of Department's school who is employed at the same facility is not raise given to a bona fide category of employees for the purposes of|Bona fide category of employees

Fit and dispense hearing aids, audiology students engaged in measuring human hearing as part of academic curriculum may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit to|Audiology students, in measuring human hearing as part of academic curriculum students may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board of Examiners in the Fitting and Dispensi|Audiology students in measuring human hearing as part of academic curriculum may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board

Solid waste disposal fees, calculation of

Water Commission, rule-making delegation to does not violate Texas Constitution|Rule-making delegation to Commission does not violate Texas Constitution

Court reporter's certification, Certification Board may not continue to consider application for filed prior to repeal of section 52.021(e) of the Government Code|Court Reporters Certification Board may not continue to consider application for certification filed prior to repeal of section 52.021(e) of the Government Code|Application for certification filed prior to repeal of section 52.021(e) of the Government Code, Board may not continue to consider

Death certificate that lists AIDS or HIV as cause of death, authority of Department of Health to release|Death certificate that lists AIDS or HIV as cause of death, authority of Department to release

Bingo games, Commission may not waive fee for small prizes in|Bingo games, Alcoholic Beverage Commission may not waive fee for small prizes in|Alcoholic Beverage Commission may not waive fee for small prizes in bingo games

Free speech, whether Department must permit religious groups to distribute literature and solicit contributions on state property|Free speech, transitory use of state-owned real property for expressive activity protected under state and federal constitutions is not an entrustment of state property for purposes of appropriations act prohibition|Free speech, whether Department of Public Safety must permit religious groups to distribute literature and solicit contributions on state property

County education district, Education Commission is not authorized to create a new district or to reassign Mason Independent School District to a county education district different from that to which the school district is statutorily assigned|County education districts, Mason Independent School District is not authorized to request reassignment to a different

Disciplinary proceedings against licensee indicted but not convicted of felony, Board may not bring|Rules prohibiting specific criminal conduct, Board may (after notice and hearing) revoke or suspend license, registration, or commission on proof of licensee's violation of|Disciplinary proceedings against licensee indicted but not convicted of felony, a state board may not bring|Licensee who is indicted but not convicted of felony, state board may not bring disciplinary proceedings against

Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of Texas Department of Mental Health and Mental Retardation and Texas Department of Health over|Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of

Private detention facility, sheriff's only duty regarding is to conduct monitoring|Commission on Jail Standards has continuing duty to monitor private detention facility|Sheriff's only duty regarding private detention facility is to conduct monitoring

Planning and implementation fees collected from persons licensed to possess or use radioactive material or own or operate a nuclear power plant are not receipts from waste received at disposal site|Exceeds statutory authority, agency that adds burdens, conditions, or restrictions to those imposed by statute|Impact assistance allocation, Authority may not designate portion of planning and implementation fees collected from person licensed to possess or use radioactive material or to own or operate a nuclear power plant for

Contractual arrangement between certified shorthand reporter and company, whether constitutes statutory violation requiring disciplinary action is determination for Board|Shorthand reporter may contract with company to provide all of company's shorthand services requirements

United States citizenship may not be made requirement for applicant for peace officer, reserve, or jailer license by Commission on Law Enforcement Officer Standards and Education|United States citizenship may not be made requirement for applicant for peace officer, reserve, or jailer license

Failure to request proper identification, Alcoholic Beverage Commission does not have authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because of|Failure to request proper identification, Commission has no authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because of|Knowingly

Texas Constitution, rider which requires Department to use standards, procedures, etc., of Department of Human Services contravenes|Department on Aging, rider which requires Department to use service standards, procedures, etc., of Department of Human Services contravenes Texas Constitution

Alternative incarceration facilities, subject only to regulation of Commission which may promulgate minimum standards for|Commission on Jail Standards may promulgate certain minimum standards for "alternative incarceration facilities"|Commission on Jail Standards, "alternative incarceration facilities" subject only to regulations of

Americans with Disabilities Act preempts, to the extent of conflict, a state law requiring Workers' Compensation Commission to release information to employers about applicants' prior injuries|Americans with Disabilities Act preempts, to the extent of conflict, a state law requiring Commission to release information to employers about applicants' prior injuries

Texas Automobile Insurance Plan, rule vesting amendment power over in group of private insurers is unconstitutional delegation of legislative authority|Texas Automobile Insurance Plan, Board has ultimate rule-making authority over

HIV- and HBV-infected dental health workers, rules regulating inconsistent with state law and exceed Board's authority|HIV- and HBV-infected dental health workers, regulations adopted by State Board of Dental Examiners inconsistent with state law and exceed Board's authority

Assessment on public utilities, Commission has no authority to adjust rate

Administrative Procedure and Texas Register Act, Board is not subject to|Court Reporters Certification Board is not subject to the Act

Ex parte communications by hearings examiner in contested case about hazardous waste permit, statutory prohibition against|Ex parte communications by Water Commission hearings examiner in contested case about hazardous waste permit, statutory prohibition against

Invalid to the extent inconsistent with general law, rider concerning money reverting to Texas Department of Agriculture under agreement with United States Department of Agriculture|Rider concerning money reverting to Department under agreement with United States Department of Agriculture is invalid to the extent inconsistent with general law

Adjutant General, as chief of Texas National Guard, has authority to purchase liability insurance with federal funds to cover officers and employees who operate mobile shooting range

Commissioner, person who is a lobbyist may not serve as even if lobbying activities do not relate to Commission|Commissioner, person who is not a lobbyist but is a member of a firm that employs lobbyists may serve as

Abortion facility, Department of Health may not release information about doctors or nurses to licensing board for disciplinary purposes and may not inform person as to whether an office, clinic or facility is or is not licensed as|Abortion facility, Department may not release information about doctors or nurses to licensing board for disciplinary purposes and may not inform person as to whether an office, clinic or facility is or is not licensed as

Service credit, statute prohibiting disabled members of Teacher Retirement System over 60 years of age from curing disability and earning additional credit preempted by federal age discrimination statute

Health spa, filing of security bond with|Grandfather clause, repeal of

Ex officio board members with no voting power should not be counted in determining quorum|Ex officio|Quorum|Majority of Board is two-thirds of Board members|Quorum, ex officio Board members are not counted in determining

Engineer licensed by Board not barred from preparing plans and specifications for building to be constructed and owned by state agency, political subdivision, or other public entity|Overlap between professions of architecture and engineering

Petition protesting zoning change, Department of Transportation may participate in as owner of real property in its right-of-way|Petition protesting zoning change, Department may participate in as owner of real property in its right-of-way

Department on Aging's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official duties|Department's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official duties

Permanent school fund, State Board of Education has authority to make any kind of prudent investment in managing assets of|Permanent school fund, Board has authority to make any kind of prudent investment in managing assets of

Injury for which employee absent for less than a day, information collected by Workers' Compensation Commission is not confidential under the Act unless it is in or derived from a claim file, whether excepted under common-law privacy must be determined on|Injury for which employee absent for less than a day, information collected by Workers' Compensation Commission about may not be destroyed even though Commission not required to collect, Commission need not release to prospective employer in record or pre|Information on injury for which employee absent for less than a day not confidential under the Open Records Act unless it is in or derived from a claim file, whether excepted under common-law privacy must be determined on a case-by-case basis, Commission |Information on injury for which employee absent for less than a day, Commission may not destroy even though not required to collect, Commission need not release to prospective employer in record or pre-employment check unless certain requirements met, Com

Investment brokerage service, retirement systems must make good faith effort to assist disadvantaged businesses in obtaining at least ten percent of value of contracts awarded for

Long-standing construction of its statute by agency given deference by courts

Supplemental optional benefits programs, Employees Retirement System of Texas' duty to designate and regulate programs and approve particular vendors|Supplemental optional benefits programs, System's duty to designate and regulate programs and approve particular vendors

Property damage, repair or replacement costs funded by special legislative appropriation rather than insurance proceeds or self-insurance and are funded at legislature's discretion|Concurrent resolution may be evidence of legislative intent but is not state law; article III, section 30 requires that laws be passed by bill|Concurrent resolution may be evidence of legislative intent but is not state law; constitution requires that laws be passed by bill|Property insurance, state agencies not authorized to purchase without specific legislative authorization|Property insurance, Agency not authorized to purchase with appropriated funds

Fees established by Authority to reimburse general revenue fund for pre-operation expenses must be sufficient to repay interest on funds received from general revenue|Amortization

Nursing facility, Board may adopt regulation requiring applicant for license to operate to disclose prior involvement in operation of nursing facilities and may also adopt regulation that will empower Department of Health to deny license based on the info|Nursing facility, Board of Health may adopt regulation requiring applicant for license to operate to disclose prior involvement in operation of nursing facilities and may also adopt regulation that will empower Department to deny license based on the info|Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilities|Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilities and may be refused license upon basis of that information|Regulation may not impose burdens, conditions, or restrictions in excess of or inconsistent with statute

Older Americans Act, legal representation of Department on Aging volunteers|Volunteer ombudsman intern, immunity from suit and authority of attorney general to represent|Volunteer Department on Aging ombudsman intern, immunity from suit and authority of attorney general to represent

Live video transmission, Open Meetings Act prohibits governmental body from permitting member to attend a meeting of the body via|Commissioner is subject to Open Meetings Act and may not attend and participate in meeting via live video transmission|Video transmission, Open Meetings Act prohibits governmental body from permitting member to attend a meeting of the body via live

Post-employment restrictions applicable to employee of Commission|Post-employment restrictions applicable to employee of Public Utility Commission

Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent (Affirmed by Tex. Att'y Gen. LO-93-053)|Convicted|Felony, Commission may not license applicant convicted of a felony unless applicant has been subsequently found innocent of the crime (Affirmed by Tex. Att'y Gen. LO-93-053)|Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent, even if applicant has completed terms of probation or community supervision (Affirmed by Tex. Att'y Gen. LO-93-053)

Rules proposed by Texas Greyhound Association for use of breakage allocated to it are subject to approval by Commission|Breakage|Breakage generated by pari-mutuel wagering on greyhound races, allocation of

Warrant, Agency may withhold to an entity that has failed to pay past-due service and handling charges|Debt|Service and handling fees, entities who have not paid to acquire surplus property are indebted to State

Continuing education courses conducted by outside sources, Board may not impose fee for|Continuing education courses conducted by outside sources, Board of Licensure for Nursing Home Administrators may not impose fee for

Former member of Polygraph Examiners Board prohibited from appearing before Board to sponsor intern before second anniversary of departure|Former member prohibited from appearing before Board to sponsor intern before second anniversary of departure

Licensing board required to use services of State Office of Administrative Hearings (SOAH) may not make its own findings of fact, conclusions of law, or vote on discipline but must receive proposal for decision from SOAH|Licensing board required to use services of SOAH may not make its own findings of fact, conclusions of law, or vote on discipline but must receive proposal for decision from SOAH

Workers' compensation, motor carriers hauling materials to and onto Department construction sites must carry|Motor carriers hauling materials to and onto Texas Department of Transportation construction sites must carry workers' compensation|Workers' compensation, motor carriers hauling materials to and onto Texas Department of Transportation construction sites must carry

Resident tuition rates, nonresident scholarship recipient may be eligible for if scholarship is competitive academic scholarship (Affirmed by Tex. Att'y Gen. LO-94-035)|Statutory authority to adopt rule, agency must cite in final order adopting rule; but failure to do so, by itself, does not invalidate rule where other, uncited statutes authorize rule (Affirmed by Tex. Att'y Gen. LO-94-035)|Competitive academic scholarship, Board's criteria for may not exceed or be inconsistent with statute (Affirmed by Tex. Att'y Gen. LO-94-035)

Administrative expenses incurred on behalf of Authority, bond proceeds from Texas Agricultural Fund may be used to reimburse Department of Agriculture for|Administrative expenses incurred on behalf of Agricultural Finance Authority, bond proceeds from Texas Agricultural Fund may be used to reimburse Department of Agriculture for

Impoundment of out-of-state motor vehicles involved in accidents, procedures Department must follow|Motor vehicles from out of state involved in accidents, constitutionality of impoundment procedures|Impoundment of out-of-state motor vehicles involved in accidents, constitutionality

Validity of enrolled bill will not be impeached when legislation challenged under article III, section 30 of Texas Constitution|EMS personnel recertification, authority of Department of Health to require examination for|Legislation challenged under article III, section 30, validity of enrolled bill will not be impeached|EMS personnel recertification, authority to require examination for|Legislation challenged under article III, section 30 of Texas Constitution, validity of enrolled bill will not be impeached

Distribution of extra interest to annuitants by Texas County and District Retirement System does not violate constitutional prohibition against grants of public funds|Distribution of extra interest to annuitants does not violate constitutional prohibition against grants of public funds|Distribution of extra interest to annuitants by Texas County and Retirement System does not violate constitutional prohibition against grants of public funds

Available school fund payments to school districts, authority of State Board of Education to enact regulation providing for the deduction of money owed to state schools|Available school fund payments to school districts, authority to enact regulation providing for the deduction of money owed to state schools|Education, authority of State Board of Education to enact regulation providing for deduction of money owed to state schools for blind and deaf students by school districts from available fund payments

Social security number, licensing agencies' authority to refuse to renew license by reason of licensee's failure to disclose|Privacy Act of 1974, whether failure to disclose social security number authorizes state agency to refuse license renewal|Social security number, whether Real Estate Commission may refuse to renew license because of licensee's failure to disclose|Renewal of license, whether Commission may refuse by virtue of licensee's failure to disclose social security number

Licensure exemption for peace officer directly employed by recipient of security services|Private investigator, peace officer directly employed by recipient of security services exempt from licensure as|Private investigator, exemption from licensure as for peace officer directly employed by recipient of security services

Public Utility Commission, authority of to apply for, receive, and expend federal grant funds|Federal grant funds, authority of to apply for, receive, and expend

Teachers' Professional Practices Commission, effect of abolition on Code of Ethics and Standard Practices for Texas Educators

Medical radiologic technologists, whether Board of Health may implement system of specialty certification for|Medical radiologic technologists, whether Board may implement system of specialty certification for

Deposition upon oral examination must be taken by certified shorthand reporter despite rule of civil procedure authorizing another person to take|Conflict with statute, rule of civil procedure must yield

Alcoholic Beverage Commission, member of may not directly or indirectly invest in business engaged in sale of alcoholic beverages|Business engaged in sale of alcoholic beverages, member of Alcoholic Beverage Commission may not directly or indirectly invest in|Investment in business engaged in sale of alcoholic beverages, Commission member may not make|Alcoholic beverage business

Viatical settlements, constitutionality of statute authorizing Department of Insurance to regulate|Viatical settlements, constitutionality of statute authorizing Department to regulate

Permanent school fund, property recovered for may not be used to pay consideration to person who informed state of its claim|Permanent school fund, whether comptroller may contract to pay consideration to person who informs state of its claim to recover property of

Psychologist's license necessary to practice psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation|Psychotherapy, hypnosis, hypnotherapy, or biofeedback, individual may not practice for compensation unless licensed as psychologist|Psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation, authority of Board to enjoin unlicensed practice of

Licenses of constitutional law enforcement officers, authority of Commission on Law Enforcement Officer Standards and Education to revoke|Constitutional law enforcement officer licenses, authority of Commission to revoke

Historically underutilized businesses, Commission may not promulgate rule deeming businesses owned by disabled persons as|Businesses owned by disabled persons as "historically underutilized businesses," General Services Commission lacks authority to promulgate rule deeming|Historically underutilized businesses, General Services Commission may not promulgate rule deeming businesses owned by disabled persons as|Businesses owned by disabled persons, General Services Commission lacks authority to promulgate rule deeming as "historically underutilized businesses"

Titles used by acupuncturists, authority of Board to recommend to Board of Medical Examiners use of certain|Acupuncturist titles, authority of Board of Acupuncture Examiners to recommend to Board of Medical Examiners use of certain

On-site sewage facilities, whether municipal authority to regulate is preempted by Natural Resource Conservation Commission|On-site sewage facilities, authority of Commission to regulate

Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96)|Liability insurance for employees purchased with appropriated funds, constitutionality and scope of rider regarding (Withdrawn by Letter 7/31/96)|Liability insurance, authority of Commission to purchase (Withdrawn by Letter 7/31/96)|Liability insurance for officers and employees, authority of state agency to purchase (Withdrawn by Letter 7/31/96)|Sovereign immunity, whether purchase of liability insurance constitutes waiver of (Withdrawn by Letter 7/31/96)|Liability insurance for employees, whether purchase of constitutes waiver of state's sovereign immunity (Withdrawn by Letter 7/31/96)

Federal Brady Handgun Violence Prevention Act does not require or authorize Department of Mental Health and Mental Retardation to disclose otherwise confidential records to law enforcement officers performing background checks|Federal Brady Handgun Violence Prevention Act does not require or authorize Department to disclose otherwise confidential records to law enforcement officers performing background checks

Lien or notice of assessment based on unpaid wages, Commission may not transfer or assign to wage claimant; nor may wage claimant execute on|Wage claimant, Employment Commission may not transfer or assign lien or notice of assessment based on unpaid wages; may not execute on lien or judgment held by Employment Commission

Filing fees payable by Railroad Commission when filing notice for well-plugging|Notice for well-plugging, filing fees payable by Railroad Commission when filing|Notice for well-plugging, filing fees payable by Commission when filing

Separate licensing of hospital facility at separate location|Hospital facility at separate location, whether must be separately licensed|Separate licensing of hospital facility at separate location, Department's rule-making authority regarding|Premises

Interest|Accretion|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a of the Texas Constitution, disposition of|Oil and gas royalties received for depletion of highway rights-of-way, disposition of|State highway rights-of-way, disposition of oil and gas royalties received for depletion of|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a, disposition of by Department of Transportation

State agencies' acquisition of telecommunications services using catalogue purchase procedure|Telecommunications services, acquisition using catalogue purchase procedure|Catalogue purchase procedure, General Services Commission acquisition of telecommunications services|Telecommunications services, acquisition by General Services Commission using catalogue purchase procedure|Telecommunications services, acquisition by General Services Commission

Hazardous duty pay, employee's eligibility to receive|Hazardous duty pay, Youth Commission employee's eligibility

Medicaid contracts, whether health care providers must submit statements regarding child support|Child support, whether state Medicaid providers must submit statements regarding|Medicaid contracts, whether health care providers must submit statements regarding child support delinquency|State Medicaid contracts, whether health care providers must submit statements regarding child support|Child support delinquency, whether state Medicaid providers must submit statements regarding

Driver education and traffic safety course, Texas Education Agency must supply certificates of completion to public school's|Driver education and traffic safety course of public school, Agency must supply certificates of completion to|Driving safety course with conditional approval, Agency need not finally approve|Driving safety school with conditional license need not apply for new license|Safety course that State Board of Education has conditionally approved need not be finally approved

Driver training course taught by parent or legal guardian to minor, authority of Department to make rules for curriculum|Legislative intent found in unambiguous language of statute|Minor taught to drive by parent or legal guardian, licensing requirements for|Parent or legal guardian who teaches minor to drive, eligibility for approval as driver training course

Commission on Jail Standards lacks authority to regulate or inspect penal institution housing only federal prisoners, even if municipality operates facility under an agreement with Federal Bureau of Prisons (Withdrawn by Tex. Att'y Gen. LO-96-151)|Penal or correctional institution housing only federal prisoners, Commission lacks authority to regulate or inspect (Withdrawn by Tex. Att'y Gen. LO-96-151)|Penal and correctional institution housing only federal inmates subject to federal, not state, standards and regulations, even if operated by a municipality under an agreement with the Bureau of Prisons (Withdrawn by Tex. Att'y Gen. LO-96-151)|Bureau of Prisons has exclusive authority to regulate or inspect a penal and correctional institution housing only federal inmates that is operated by a municipality under an agreement with the Bureau (Withdrawn by Tex. Att'y Gen. LO-96-151)

Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners from|Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rights|Soliciting political contributions in personal as well as official capacity, statute prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners from|Solicit

Cocaine eye drops, Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances|Cocaine eye drops, Optometry Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances

Driver education, payment public school teacher receives supplemental to regular salary for teaching is not included in calculation of teacher's retirement benefit|Driver education teacher in public school who receives payment supplemental to regular salary, whether state may exclude from calculation of teacher's retirement benefit|Driver education, System may not include in calculation of teacher's retirement benefit payment teacher receives supplemental to regular salary for teaching|Teacher's retirement benefit, calculation of may not include supplement to teacher's regular salary for teaching driver education

Student loans, federal statute permitting Texas Guaranteed Student Loan Corporation to garnish wages of defaulters on federally-guaranteed loans overrides anti-garnishment provision of state constitution|Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearing|Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28|Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overrides|Texas Guaranteed Student Loan Corporation, authority to garnish state and county employee wages|Garnishment of wages to collect guaranteed student loans|Salary warrants, authority to withhold from state employees who default on guaranteed student loans

Easements, authority of district to use for recreational and environmental purposes|Tax and bond revenues, authority of district to use for recreational improvements|Contractual instruments, including easements, attorney general does not construe in attorney general opinions|Easements, authority of flood control district to use for recreational and environmental purposes|Tax and bond revenues, authority of flood control district to use for recreational improvements|Easements, authority of flood control district to use for environmental purposes

Hyperbaric oxygen therapy, State Board of Medical Examiners has authority to determine whether constitutes practice of medicine and to regulate|Podiatry, whether hyperbaric oxygen therapy constitutes practice of subject to determination by State Board of Podiatric Medical Examiners|Hyperbaric oxygen therapy, Board has authority to determine whether constitutes practice of medicine and to regulate performance|Hyperbaric oxygen therapy, whether constitutes practice of podiatry subject to determination by Board

Ancillary materials, Board's authority to adopt or reject textbooks does not extend to consideration of materials provided to school districts at no cost to state|Textbooks, Board may not adopt rule prescribing general content requirements|Ancillary|Textbook

Surgery|Definition may not be imported from one statute to a prior-enacted statute (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Therapeutic optometrist, authority of Board to define surgery for purposes of limiting practice of (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Surgery, therapeutic optometrist may not perform (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))

Advisory councils, legislature's delegation of rulemaking authority to does not violate|Advisory councils on fire protection exercise substantive rulemaking authority that is more than merely advisory|Advisory councils on fire protection, delegation of rulemaking authority does not violate separation of powers

Airport, authority to own and operate for use of state aircraft|Airport property leased by state to private entity|Inverse condemnation, state's liability for property damage|Legislature, power of eminent domain must be conferred by|Reversionary right may not be attached to condemned property

Currency Exchange Act, Department may not enforce on Indian reservation|Currency Exchange Act may not be enforced on Kickapoo Indian Reservation because incompatible with federal and tribal interests|Indian reservation, Banking Department may not enforce Currency Exchange Act on gambling facility operated on

Needle electromyography, authority of Board of Medical Examiners and Board of Physical Therapy Examiners to regulate|Needle electromyography, authority of Board and Board of Physical Therapy Examiners to regulate|Needle electromyography, authority of Board and State Board of Medical Examiners to regulate

Agricultural land acquired by state, whether subject to rollback tax|Rollback tax, if agricultural land acquired by state subject to|Construction of agricultural use statutes entitled to consideration only to extent reasonable and consistent with statute|Agricultural land acquired for Superconducting Super Collider project, whether subject to rollback tax|Agency construction of statute agency authorized to enforce entitled to consideration only to extent reasonable and consistent with statute|Land acquired by state

Volunteer|Volunteers providing services for state agencies without receiving compensation are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Volunteers providing services for state agencies without receiving compensation are not included within chapter 104 of Civil Practice and Remedies Code|Constructive enforcement volunteers assisting board with investigations are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Defamation suit, absolute privilege in for statements made as witness in judicial or quasi-judicial proceeding; conditional privilege for certain communications

Abused or neglected, registered sex offender treatment provider must report suspicion that child has been|Abuse or neglect of child, registered sex-offender-treatment provider must report even if suspicion based on dated or incomplete information|Abuse or neglect of child, Council may not permit registered sex-offender-treatment provider to decide whether to report suspected where the suspicion is based on dated or incomplete information

Sex education curriculum and textbooks, whether Board may adopt

Gambling, Commission has statutory and rulemaking authority to consider the conduct or activities of an applicant or licensee with respect to|Gambling offense, Commission has rulemaking and statutory authority to regulate permittees and licensees found to have engaged in|Amended definition of "gambling device" invalidly authorizes operation of certain "lotteries" prohibited by Texas Constitution

Pollution-control statutes and rules, statute authorizing state agency to grant exemptions to does not violate constitutional suspension of laws, separation of powers, or local or special law provisions|Local or special law, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Suspension of laws, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Delegation of authority to state agency to grant exemptions to pollution-control statutes and rules does not violate|Exemptions to pollution-control statutes and rules, statute authorizing state agency to grant not an unconstitutional delegation of legislative authority

Child abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor|Abuse or neglect of student, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor|Suspected abused or neglected child, school official may not deny investigator access to child at school and may not condition access to presence of school personnel, such as a counselor|Abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor

Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligation|Medical assistance (medicaid) payment to service provider, Department may allocate all or part to pay provider's child support obligation

Videoconference call, authority to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))|Videoconference call, authority of governing board of institution of higher education to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))|Videoconference call, authority of board of regents to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))

TASP testing, authority of Texas Higher Education Coordinating Board to require as condition of degree from proprietary school|TASP testing, authority of Board to require as condition of degree from proprietary school

Receiver, funds controlled by Commissioner in capacity as are not public funds that Commissioner may invest under Public Funds Investment Act|Travel advances, Commissioner may not invest under Public Funds Investment Act because not authorized by statute|Public funds, defining for purposes of Public Funds Investment Act|Public funds

Regional 9-1-1 service plan, whether emergency communication district may unilaterally withdraw from|Wireless 9-1-1 service fee, distribution to emergency communication district that withdraws from a regional 9-1-1 plan

Catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program with respect to state agency computer purchases|Community-rehabilitation-program manufactured computers, catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program with respect to state agency purchases|Computer purchases, catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program|Computer set-asides, catalogue purchasing procedures prevail over council's mandatory purchasing program with respect to state agency purchases

Equal opportunity training by Commission, validity of rider mandating for certain state agencies and institutions of higher education|Equal opportunity training by Texas Commission on Human Rights, validity of rider mandating for certain state agencies and institutions of higher education

Criminal penalty for practice of veterinary medicine without a license not applicable to corporation|Veterinary medicine, private, for-profit corporation not owned exclusively by veterinarians may not practice|Practice of veterinary medicine without a license, criminal penalty not applicable to corporation|Licensees may be disciplined for permitting or allowing another to use their license or certificate to practice veterinary medicine|Practice of veterinary medicine without a license, penalties and remedies in licensing statute not applicable to corporation|Permitting or allowing another to use one's license or certificate to practice veterinary medicine, licensed veterinarian may be disciplined for

Hepatitis|Viral hepatitis|Hepatitis, commission may determine by rule what strains of hepatitis license applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Hepatitis, Cosmetology Commission may not refuse to license person with hepatitis if person is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis physician must test applicant for|Americans with Disabilities Act, Cosmetology Commission may not, consistent with the act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may not, consistent with the Americans with Disabilities Act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may determine by rule what strains of hepatitis physician must test license applicant for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified

Foundation school program funds, adjustment of property tax values used to allocate if appeal of property tax liability results in five percent reduction of total taxable value of property in school district|Property tax values used by Commissioner of Education to allocate foundation school program funds, duty to adjust if appeal of property tax liability results in five percent reduction of total taxable value of property in school district|Abolition and transfer of authority to comptroller's office|Comptroller, responsibility for adjusting property tax values used to allocate foundation school program funds if appeal of tax liability results in five percent reduction of total taxable value of property in school district

Properly promulgated agency rule has force of law and binds other state entities

Pardons and Paroles Division, conditions of parole constitute contract between parolee and Pardons and Paroles Division|Sex offender registration, parole contract between parolee and Division of Pardons and Paroles does not obligate local law enforcement authority to register parolee|Conditions of parole constitute contract between parolee and Pardons and Paroles Division\r\n\r\n

Standards, Board may adopt plumbing of statewide applicability, but Board must adopt only the three codes incorporated into article 6243-101, section 5B(a) of the Revised Civil Statutes|Plumbing codes, municipality may not vary "substantially" from state standards|Substantially|Private entity, statute incorporating codes promulgated by is presumed constitutional

Site evaluators for on-site sewage disposal facilities, Commission has no express or implied statutory authority to issue rules regulating|On-site sewage disposal facilities, Natural Resource Conservation Commission has no express or implied statutory authority to issue rules regulating "site evaluators" for|Rule making authority of Natural Resource Conservation Commission under statute regulating on-site sewage disposal facilities

Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to|Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to

Temporary service retirement option for certain state employees whose positions are eliminated because of privatization or other reductions in workforce|Post-enactment statement by legislature or in sponsor's statement about bill, legislative intent is not found in

Council must account on annual basis for all funds received and disbursed, from whatever source derived

State funds provided to county registrars not intended to fund normal operations of registrar's office|State funds provided to county registrars, Secretary of State may by rule restrict use of|State funds provided to county registrars, Secretary of State has authority to adopt rules restricting use of

Retirement systems, delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of Texas|Teacher Retirement System, delegation of investment authority by and securities authorized for investment by board of trustees|Delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of Texas|Delegation of investment authority by and securities authorized for investment by board of trustees|Securities

Legal fees of district judge, state not obligated to pay; county may pay if county interests are at stake|Legal fees of district judge, county may pay if county interests are at stake|District judge, state not required to pay for defense of judge who retains private counsel without prior approval of Attorney General

Social workers, person originally licensed without examination whose license has expired for more than year applying for new license not subject to examination|Social Worker Examiners, Board of, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examination not required by statutory provision|Relicensing, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examination|Reexamination

Examinations administered by Board, duty to accommodate disabilities under Federal Americans with Disabilities Act|Examinations for professional licensing, state examiner's duty to accommodate disabilities under Federal Americans with Disabilities Act|Americans with Disabilities Act, state examiner's duty to accommodate disabilities in professional licensing examinations

North American Free Trade Agreement, professional licenses|Personal Responsibility and Work Opportunity Reconciliation Act of 1996, professional license\r\n|Personal Responsibility and Work Opportunity Reconciliation Act of 1996, whether Board of Professional Engineers must verify immigration status of persons seeking licensure under NAFTA pursuant to|Board of Professional Engineers, whether required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if persons seeking licensure under NAFTA are United States citizens or permanent residents|Engineers, Canadian or Mexican nationals seeking license may not be denied license solely because not United States citizens or permanent residents|Licensing, applicants under NAFTA, whether Board required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if United States citizens or permanent residents|Qualified alien|Nonimmigrant|State or local public benefit

Pricing committee appointed by the Authority board of directors is a governmental body subject to the Open Meetings Act|Pricing committee appointed by the Texas Public Finance Authority board of directors is a governmental body subject to the Open Meetings Act

Embalming, authority to preclude embalmer from performing services for funeral home as an independent contractor|Embalming, authority to require funeral home to make disclosures regarding location and price|Embalming, authority to require funeral home to obtain written permission to have embalming performed by an independent contractor|Embalmer, authority to perform services for funeral home on the premises as an independent contractor|Funeral home, authority to designate off-site embalming facility|Funeral home, authority to retain a licensed embalmer as an independent contractor to embalm on the premises|Funeral Service Commission, authority to require funeral home to make disclosures regarding location and price of embalming and to obtain written permission to have embalming performed by an independent contractor

Filed|Renew license to conduct bingo games or to sell lottery tickets, commission may not if application not timely submitted|License to sell lottery tickets, Lottery Commission may not renew unless application timely filed|License to conduct games, Lottery Commission may not renew unless application timely filed|Lottery Commission may not renew license to conduct bingo games or license to sell lottery tickets if application not timely submitted

City's errors in reporting members' contributions or enrollment dates, four-year time limit on correcting|City's errors in reporting members' contributions or enrollment dates to Municipal Retirement System, four-year time limit on correcting

Trade association, whether Texas Fire Chiefs' Association, Texas State Association of Fire Fighters, State Firemen's and Fire Marshals' Association of Texas, or Texas Association of Fire Educators is|Trade association

Submerged lands owned by state, conveyance to city requires compensation to permanent school fund|Commissioner may not convey submerged lands owned by state in absence of statutory authority|Permanent school fund, acts of Commissioner do not estop state from recovering improperly conveyed lands for|Permanent school fund, acts of General Land Commissioner do not estop state from recovering improperly conveyed lands for|Permanent school fund, conveyance of state-owned submerged lands from requires compensation to fund\r\n\r\n

Ultra vires, agency rule is to extent it authorizes personal-care facility to offer services beyond those authorized in statute|Personal-care facility, Board of Human Services may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing Act|Personal-care facility, Board may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing Act|Nursing services|Personal care services

Rule requiring water well to be located minimum distance from property line within scope of rule-making authority of Department of Licensing and Regulation|Rule requiring water well to be located minimum distance from property line within scope of Department's rule-making authority

Court reporting firms, registration of|Register|Penal statutes and statutes penal in nature, strict construction of|Penal statutes must be sufficiently definite so that persons subject to them may know what they mean and who is liable to punishment for violations|Legislative history, consideration of to determine legislative intent|Court reporting firms, registration of and application of rules to

Political subdivision not "person" subject to licensing by Board

Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board of Nurse Examiners|Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board|Delegate

Material specifications for Department of Transportation construction and maintenance contracts may not be limited to particular vendor if other vendors have similar products of equal quality, and may not include requirements that are unrelated to the mat|Material specifications for construction and maintenance contracts may not be limited to particular vendor if other vendors have similar products of equal quality, and may not include requirements that are unrelated to the material's quality or performanc

Child-care license, may be denied or revoked based on community supervision|Child-care facility, Department may rescind license to operate of person convicted of criminal offense|Conviction may be basis for denial or revocation of child-care facility license

State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bonds|County lacks authority to borrow money from State Infrastructure Bank for bridge and road construction without issuing bonds

Appropriated funds may not be used to attempt to influence the passage or defeat of legislation|Appropriated money|State agency|Federal funds deposited in the state treasury and appropriated to state agency are subject to state restrictions on the use of appropriated funds for lobbying|Prohibition on use of appropriated money to attempt to influence the passage or defeat of legislation applies to federal funds deposited in state treasury and appropriated to state agency|Lobbying restrictions on appropriated money apply to federal funds granted to state for use of Texas Council for Developmental Disabilities|Council for Developmental Disabilities may not use appropriated money to attempt to influence the passage or defeat of legislation

Inactive pit with edge located within 200 feet of public roadway constitutes an "unacceptable unsafe location" and is subject to statutory safety-barrier requirements if a pit is located on site with a "plant"|Ambiguous statute, Court will accept a commission's construction of if regulation reasonably construes the statute and does not contradict the statute's plain language|Pit, Commission may define "unacceptable unsafe location" to include inactive pit with edge located beyond 200 feet from public roadway intersection|Unacceptable unsafe location|Inactive pit|Plant

Single interest policies, Automobile Theft Prevention Authority may not by rule exempt from statutory fee|Single interest policies, Authority may not by rule exempt from statutory fee

State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission for|State highway project that receives federal aid, public agencies barred by regulation from bidding in competition with private contractors on|Federal regulation bars public agencies from bidding in competition with private contractors on state highway project that receives federal aid|State highway maintenance contract, county lacks authority to submit bid on

Advisory committee, state agency's authority to create may be express or implied (Modifies Tex. Att'y Gen. LO-98-009 to the extent of conflict)|Statewide Transportation Policy Committee and Bicycle Advisory Committee, Department has implied authority to create (Modifies Tex. Att'y Gen. LO-98-009 to the extent of conflict)|Advisory committee, state agency's authority to create may be express or implied (Modifies Tex. Att'y Gen. LO-98-009 to the extent of conflict)

Electronic access to candidates' and officeholders' political contribution and expenditure reports, Ethics Commission may not include contributor address information with other report information made available on the Internet or by other electronic means|Addresses of campaign contributors, Commission may not release with political contribution and expenditure report information made available on the Internet or by other electronic means, including computer diskettes available for purchase from the Commiss

Religious postsecondary educational institution, state regulation of does not violate right to free exercise of religion|Free exercise of religion, chapter 110 of the Civil Practice and Remedies Code restores compelling interest test for state burdens on|Religious postsecondary educational institution, Board's regulation of pursuant to statute does not violate individual's right to free exercise of religion|Free exercise of religion, state regulation of religious postsecondary educational institution does not violate individual's right to

HIV testing for professional boxers, Department may not by rule require|HIV testing for professional boxers, Department of Licensing and Regulation may not by rule require

Search without a warrant of polygraph examiner's commercial premises by Board is unconstitutional where inspection is not in response to formal complaint|Search without a warrant of polygraph examiner's commercial premises by Polygraph Examiners Board is unconstitutional where inspection is not in response to formal complaint

Hair and beard, State Board of Barber Examiners has authority to distinguish between for purposes of enforcing provisions in Occupations Code|Hair and beard, distinction between not void for vagueness on its face; but State Board of Barber Examiners should clarify by rule to avoid vagueness problem in applying statute|Hair and beard, Board has authority to distinguish between for purposes of enforcing provisions in Occupations Code|Hair and beard, distinction between not void for vagueness on its face; but Board should clarify by rule to avoid vagueness problem in applying statute

Certification, continuing education, and career development courses, State Board for Educator Certification may not use its Internet website to serve as a portal for distance-learning developed and offered by other entities|Internet website, Board may not use its website to serve as a portal for distance-learning courses developed and offered by other entities|Internet website, State Board for Educator Certification may not use its website to serve as a portal for distance-learning courses developed and offered by other entities

Scholarship fund for architectural examination applicants, in order to ensure that scholarships serve the public purpose identified by the legislature, Board of Architectural Examiners should consider adopting rules that would require scholarship recipien|Scholarship fund for architectural examination applicants, legislative appropriation for is supported by pre-existing substantive law and therefore does not violate article III, section 44 of the Texas Constitution|Scholarship fund for architectural examination applicants, Board lacks statutory authority to enter into a contract with a private, nonprofit organization to select scholarship recipients and disburse scholarship awards

Open Meetings Act, state agency testifying before Sunset Advisory Commission must comply with when quorum of members attend and furnish information|Sunset Advisory Commission, state agency testifying before, must itself post notice when quorum of members attend and one or more testifies or otherwise furnishes information

Agency statements concerning internal management of agency are not rules within Act and may be included in policy letters|Texas Air National Guard, validity of regulation providing for termination of officer for lacking professional qualifications|Termination of officer from Texas Air National Guard, validity of regulation authorizing

Professional Services Procurement Act, Board has principal duty of enforcing against its registrants|Professional Services Procurement Act, Comptroller has principal duty of requiring state agencies to conform to|Professional Services Procurement Act, Board of Architectural Examiners has principal duty of enforcing against its registrants|Professional Services Procurement Act, county auditor has principal duty of requiring county to conform to

Resolution, affirmative vote of three members of board of Authority sufficient to pass when three members constitute majority of quorum of board

Unlicensed real estate brokers, amendment to Manufactured Housing Standards Act does not give Department regulatory authority over

Exemption of assessor-collector from registration requirements of Board, statutory scheme for precludes assessor-collector from engaging in property tax collection|Collection of property taxes by appraisal district or other taxing unit rather than assessor-collector, interlocal contract for must include collection of motor vehicle inventory tax|Interlocal contract for collection of property taxes by appraisal district or other taxing unit rather than assessor-collector must include collection of motor vehicle inventory tax|Motor vehicle inventory tax prepayments, receipt of by collector constitutes collection of taxes|Exemption of assessor-collector from registration requirements of Board of Tax Professional Examiners, statutory scheme for precludes assessor-collector from engaging in property tax collection

State Board of Podiatric Medical Examiners, not authorized to conduct warrantless, on-site compliance inspections of its licensees or their premises|Inspections, Texas State Board of Podiatric Medical Examiners not authorized to conduct warrantless, on-site compliance inspections|Inspections, Board is not authorized to conduct warrantless, on-site compliance inspections

Disposition of decedent's remains, modification of instructions in a preneed funeral services contract|Disposition of decedent's remains

Equal Employment Opportunity Commission's investigation into discrimination by Board of Medical Examiners in licensing practices, Board must disclose to EEOC requested information that is relevant to|Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state agency must comply although state statute deems requested information confidential|Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state statute deeming requested information confidential is preempted by federal statute authorizing|Equal Employment Opportunity Commission's request for information relevant to a pending investigation regarding licensing practices of State Board of Medical Examiners, Board must comply with although state statute deems the requested information confiden|Equal Employment Opportunity Commission's request for information relevant to a pending investigation regarding Board's licensing practices, Board must comply with although requested information is confidential under Medical Practice Act

Delinquent 9-1-1 emergency service fees, authority to collect|Action

Price fixing, validity of contractual provision between a manufacturer and a distributor agreeing to the price the distributor will sell bingo equipment

Local workforce development corporation board, private-sector representative is not ineligible to service on solely because person is employed outside local area|Burdens, conditions, or restrictions that exceed those in relevant statutes, agency rule may not impose|Local workforce development board's private-sector representative, Commission rule may not be construed to impose additional eligibility requirements on|Should

Refrigerants, a manufacturer, retailer, rebuilder, or installer of manufactured homes need not be licensed or registered in order to purchase under the Air Conditioning and Refrigeration Contractor License Law

Health organizations, whether foreign nonprofit corporations may be certified as|Board of Medical Examiners, validity of Board's construction that only domestic nonprofit corporations may be certified as nonprofit health organizations|Nonprofit health organizations, whether foreign nonprofit corporations may be certified as

Statutory county court-at-law supplemental salary funds, Comptroller need not pay further monthly installments to county that withdraws from program mid-year but may not transfer withdrawing county's share of year-end excess funds to other counties that p|Statutory county court-at-law supplemental salary funds, county that withdraws from program mid-year need not be paid monthly installment but is entitled to proportionate share of year-end excess funds

Attendance by a quorum of the members of the board of a state governmental body at a legislative hearing is subject to the Open Meetings Act.

Parental consent forms, Commission may not require of minors engaged in delivery of newspapers to the consumer|Newspaper subscriptions, child under 14 may not solicit unless the child simultaneously tries to sell current issue and will also subsequently deliver newspaper to that customer

Historically underutilized business participation goal, Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward|Historically underutilized business participation goal, Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward

Reverse auction procedure, Commission may not use to purchase goods and services without specific statutory authority|Reverse auction|Reverse auction procedure does not constitute competitive bidding

Psychologist or psychological associate, activity or service that is within scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. |License to practice psychology, activity or service that is within the scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. J|Governmental agency or regionally accredited institution of higher education, job-related activity of employee who is licensed psychologist or psychological associate is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. JM-12

Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Department|Residential service contracts governed by article 6573b, Revised Civil Statutes, person offering must be licensed with the Commission|Residential service contracts|Service contracts|Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Texas Department of Licensing and Regulation|Residential service contracts governed by article 6573b, Revised Civil Statutes, persons offering must be licensed with the Texas Real Estate Commission

Authority to regulate contract language or to enforce contracts between structural pest control providers and consumers, Board generally has|Authority to regulate contract language or to enforce contracts between structural pest control providers and consumers, Structural Pest Control Board generally has not expressly or implicitly been given

Student information, Federal Family Educational Rights and Privacy Act of 1974 does not permit the agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that su|Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that such employees |Legislative Council, Federal Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to Council's employees despite the fact that state law provides that such empl

Generic drug substitution, State Board of Pharmacy rule specifying that no drugs shall be included on a list of narrow therapeutic index drugs to which special refill rules should apply is consistent with legislature's mandate to Board in the Texas Pharma|Generic drug substitution, Board rule specifying that no drugs shall be included on a list of narrow therapeutic index drugs to which special refill rules should apply is consistent with legislature's mandate to Board in the Texas Pharmacy Act to establis

Physician advertising, authority of Board to prohibit use of testimonials in|Advertising, authority of Board of Medical Examiners to prohibit use of testimonials in|Board of Medical Examiners, authority to prohibit by rule physician advertising containing testimonial

Accompany|Register|Examination fee, applicant for physical therapist license or physical therapist assistant license must be submitted to Board with license application|Examination fee for physical therapist license or physical therapist assistant license applicant may not be submitted directly to examination provider|Physical therapist license or physical therapist assistant license, applicant for may not submit examination fee directly to examination provider

Codification of certain riders as general law|Publicity and public relations activities, state agency may not use appropriated funds for|Across-the-board provisions recommended by Sunset Advisory Commission|Informing general public of Fund's activities and legal responsibilities, authority of Board to spend appropriated funds for this purpose|Informing general public of agencies' activities and legal responsibilities, state agency's authority to spend appropriated funds for purpose of

Toll roads, Department of Transportation cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department of Transportation cannot grant state highway fund monies to Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue

Pollution-control property tax exemption, Commission's duty to limit exemption to that portion of property that controls pollution|Pollution-control property, scope of exemption from ad valorem taxation

Validation of unconstitutional statute may be accomplished by adoption of constitutional provision that expressly or impliedly validates it or by reenactment of statute after constitution has been amended to authorize such legislation|Captured market value|Tax increment financing under Urban Renewal Law may be implemented by municipality only with the approval of the voters|Taxable value of property in school district as determined by Comptroller's study does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Taxable value of property in school district as determined by comptroller does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Urban Renewal Law's tax increment financing provisions were unconstitutional when adopted in 1977 but validated by reenactment in 1987

Professional Services Procurement Act applies to services obtained by prime contractor that are a component part of a governmental contract|Professional Services Procurement Act does not require professional to determine whether potential contract subject to Act's competitive bidding prohibition|Professional Services Procurement Act compliance standards, scope of Board rule prohibiting land surveyor from submitting competitive bid to a governmental entity

Licensed plumbing inspector for political subdivisions must be employee of political subdivision, not independent contractor|Licensed plumbing inspector for political subdivision must be employee of political subdivision, not independent contractor|Licensed plumbing inspector must be city employee, not independent contractor

Federal contractors, Texas Board of Professional Engineers' authority to license and register engineers preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications|Licensing and registration requirements of Texas Engineering Practice Act preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications

Petition for creation of water district, constitutionality of Water Code restriction of signatories to land owners dependent on factual determination concerning purpose of district and potentially disparate impact on land owners|Emergency notice requires statement of reason for emergency or urgent public necessity|Emergency, a statutorily required action is not reasonably unforeseeable for purposes of Open Meetings Act definition of "emergency"|Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinion

Fuels, including natural gas, used to generate electricity in deregulated industry, Railroad Commission not charged with initiating program to keep costs low|Fuels, including natural gas, used to generate electricity in deregulated industry, Commission not charged with initiating program to keep costs low

Social security number, Department may require license applicant who does not possess social security number to provide letter from Social Security Administration indicating ineligibility for|Social security number, Department of Public Safety may require license applicant who does not possess social security number to provide letter from Social Security Administration indicating ineligibility for

Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, federal law does not entirely prohibit collection of and shipment to foreign countries|Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board of Health must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law|Food and Drug Administration has authority to adopt regulations to enforce certain federal drug laws|Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law

Dirt bikes, Department does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes|Dirt bike under chapter 662 of the Transportation Code, an off-road "dirt bike" is a self-propelled "motor vehicle" but cannot be classified as a motorcycle|Dirt bikes, Department of Public Safety does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes

Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizations

Recusal, rule requiring written explanation of recusal exceeds Commission's authority|Standards of conduct, rule prescribing standards of conduct exceeds Commission's authority|Standards of conduct, rule prescribing standards of conduct exceeds Railroad Commission's authority|Recusal, rule requiring written explanation of recusal exceeds Railroad Commission's authority

Fire sprinkler heads, Commission on Jail Standards may examine jail construction documents as well as existing jail facilities to determine where to place|Fire sprinkler heads, Commission may examine jail construction documents as well as existing jail facilities to determine where to place

Campaign contribution and expenditure reports filed electronically with the Commission, public access to|Campaign contribution and expenditure reports filed electronically with the Ethics Commission, public access to

Advisory committee members may receive reimbursement for expenses|Contracted evaluators, members of Board for Evaluation of Interpreters may not contract with Commission to serve as|Evaluation and certification of interpreters, Commission's authority for

Onsite sewage facilities, Natural Resource Conservation Commission's authority to require owners to have ongoing maintenance contracts|Onsite sewage facilities, Commission's authority to require owners to have ongoing maintenance contracts

Regulation defining foot to include tibia and fibula is inconsistent with statutory definition of podiatry and was beyond Board's authority to adopt|Fibula|Foot|Tibia|Podiatry limited to treatment of medical conditions originating in human foot, which does not include tibia or fibula

Labeling of dietary supplements with United States Food and Drug Administration toll-free telephone number for reporting adverse events, authority of Department to promulgate rule requiring|Federal Food and Drug Administration toll-free telephone number for reporting adverse events, authority of Texas Department of Health to promulgate rule requiring on labels for certain dietary supplements|Food and Drug Administration toll-free telephone number for reporting adverse events, authority of Texas Department of Health to promulgate rule requiring on labels for certain dietary supplements

Requirement in rider that city agree to Transportation Department's choice of location for border inspection station attempts to amend general law and is unconstitutional|Rider to appropriations act, constitutionality of|Border inspection stations, authority of Department of Transportation to choose location for|Rider in appropriation to Department requiring city to agree to Department's choice of location for border inspection station is unconstitutional for attempting to amend general law in an appropriation act|Collocate|Co-locate

Bingo occasion|Gambling device|Game of chance|Video poker during bingo occasion, Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play|Video poker during bingo occasion, Lottery Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play

Access to records, federally-funded state protection and advocacy systems for persons with mental illness or developmental disabilities may, in accordance with federal law, have access to records even if person's legal guardian objects to such access|Inconsistent state laws, although Texas law grants legal guardians the right of care, control, and protection of their wards, the Supremacy Clause requires inconsistent state laws to yield to valid federal laws and regulations|Access to records of persons with mental illness or developmental disabilities who reside in facilities operated by the Department, a federally-funded state protection and advocacy system for such persons, Advocacy, Inc., may have access to records even i

Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Texas Historical Commission is|Ownership of artifacts removed before and after 1969 from lands owned by state or political subdivision of state|Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Commission is

Designated representative of an authorized agent of the Texas Natural Resource Conservation Commission under chapter 366, Health and Safety Code, is not a "peace officer" for purposes of sections 7.193 and 26.215 of the Water Code

Health Care Information Council's public-use and provider-quality data, release of is not subject to fee provisions in chapter 552 of the Government Code|Data, Health Care Information Council's release of is not subject to fee provisions in chapter 552 of the Government Code if it is public-use or provider-quality data|Public-use and provider-quality data, release of is not subject to fee provisions in chapter 552 of the Government Code|Fee for release of information under chapter 552 of the Government Code does not apply to Health Care Information Council's public-use or provider-quality data

Vocational rehabilitation services, defined as services Commission determines are necessary to compensate blind individual so that individual may engage in remunerative occupation, Commission is charged to provide|Vocational rehabilitation|Vocational rehabilitation services|Rehabilitation training|Vocational rehabilitation services, defined as services Commission for the Blind determines are necessary to compensate blind individual so that individual may engage in remunerative occupation, Commission for the Blind is charged to provide

Activities in measuring land are not "surveying" within enabling act, no authority to regulate persons whose|Plats of oil well locations filed pursuant to commission rule need not be prepared by registered professional surveyor|Surveying|Plat

Cancellation of prepaid funeral benefits contracts, amendatory language of section 154.155 of Finance Code which entitles purchaser to refund of half the earnings generated by payments made applies only to trust-funded prepaid funeral benefits contracts a

Rule proposed by Board impinging on specifically delegated power of Texas Education Agency with respect to test development is invalid|Statewide assessment program, Board has authority to create and implement but not to develop "assessment instruments" or tests|Rule proposed by Board of Education impinging on specifically delegated power of Agency with respect to test development is invalid|Development of "assessment instruments" or tests is delegated by legislature to Agency

Grant to Council member is subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member|Conflict of interest, grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member|Nonprofit corporation|Grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member

Uniform Commercial Code - Secured Transactions, office in which financing statement terminating pre-effective-date finance statement must be filed under section 9.707(e) of Business and Commerce Code

Lending of credit, Texas Commission for the Blind may contract with federal government to operate vending facilities on federal property without violating constitutional prohibition against|Vending facilities on federal property, Texas Commission for the Blind is state agency designated to license blind persons to operate, and Commission does not violate state constitutional restrictions on use of state funds by contracting with federal gove|Vending facilities on federal property, Commission may contract with federal government to operate without violating state constitutional limitations on use of public funds

Air Control Act, construction of provisions regarding notice of intent under the Act to apply for permit to relocate portable facility and regarding exemption of existing concrete crushing facility from statutory limits on location|Unambiguous statutory language in amendment to Air Control Act will be construed according to plain meaning because result is not absurd|Existing

Attorney's fees in action to revoke nursing home's license, State Office of Administrative Hearings has no authority to order Department of Human Services to pay|Attorney's fees, the State Office of Administrative Hearings has no authority to require Department to pay in action to revoke nursing home's license|Attorney's fees, State Office of Administrative Hearings has no authority to order Department of Human Services to pay in action to revoke nursing home's license|Expenses of discovery|Include

Gubernatorial records held in alternative depository remain property of state|Gubernatorial records held in alternative depository remain Texas public records subject to Act|Memorandum of understanding or other documentation of transfer of gubernatorial records to alternative depository, Commission is necessary party to|Alternative depository for gubernatorial records, the only power given to governor by statute is that of designating

Physician and health provider claims for payment, Department of Insurance may construe prompt payment provisions requiring preferred provider organizations and health maintenance organizations to disclose to physicians and other health care providers. Physician and health providers claims for payment, Department may construe prompt payment provisions requiring preferred provider organizations and health maintenance organizations to disclose to physicians and other health care providers utilization revi

Confidential identifying information about patients, hospitals may disclose to Texas Health Care Information Council without patient's written authorization|Privacy of Individually Identifiable Health Information, Standards for under Federal Health Insurance Portability and Accountability Act of 1996|Confidential identifying information about patients; hospitals may disclose to Texas Health Care Information Council without patient's written authorization|Hospitals may disclose confidential identifying information about patients to council without patient's written authorization

Statute that appears to delegate authority to private entity which promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment must be construed to incorporate only those editions of codes that|Private entity, statute that adopts by reference standards promulgated by private entity may not be construed to incorporate editions of those standards adopted after the statute|Delegates authority to private entity that promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment, statute that may appear to must be construed to incorporate only those editions of codes |Elevators, escalators, and related equipment, Department may not adopt revisions of American Society of Mechanical Engineers (ACME) codes adopted subsequent to 1995 amendments to section 754.014 of Health and Safety Code

Reports, authority to use data other than public use data to prepare|Health Care Information Council, authority to use data other than public use data to prepare reports

Cemeteries and crematories owners or operators registered with the Commission, authority to regulate|Funeral Service Commission, authority to regulate cemeteries and crematories owners or operators registered with the Commission

Loan transactions for which Consumer Credit Commissioner is appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to|Loan transactions for which Consumer Credit Commissioner is the appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to the regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to

Retroactive law that is necessary to safeguard public safety and welfare prevails over constitutional prohibition against retroactive laws|Compliance history rule of Natural Resource Conservation Commission that includes facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and is not unconstitutional as a retroactive law|Compliance history rule of Commission that considers facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and not unconstitutional as a retroactive law

Oversize or overweight vehicle that has received permit from Department of Transportation, county may not issue permit or set additional requirements for|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department of Transportation must issue permit to applicant to operate|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department must issue permit to applicant to operate|May

Dormitory or hotel, resident of may be Texas domiciliary for purpose of obtaining commercial driver's license|Domicile|Dormitory or hotel, Department may not conclusively presume resident of is not Texas domiciliary

Texas State Technical College System|Texas Public Finance's authority to issue bonds on behalf of Texas State Technical College System

Employee classified as an "engineer" in a private corporation but not licensed under Texas Engineering Practice Act, such person may not use the title "engineer" or other similar term designating that such person is an "engineer" on business cards, cover |Employee classified as an "engineer" in private corporation but not licensed under Texas Engineering Practice Act, such person may not use the title of "engineer" or other similar term designating that such person is an "engineer" on business cards, cover|Use of the title of "engineer," Board is authorized to regulate and restrict|Engineer|In-house|Title

Uniform Commercial Code - Secured Transactions, office in which financing statement amending, continuing, or terminating pre-effective-date financing statement covering consumer goods must be filed|Uniform Commercial Code - Secured Transactions, office in which financing statement filings to perfect security interests in "as-extracted collateral or timber to be cut" or fixture filings must be made

Internet ordination, Board of Examiners of Psychologists may consider as factor in determining claim of ministerial exemption, but may not conclusively presume bad faith on sole basis of|Internet ordination, Board of Examiners of Psychologists may consider as factor in determining claim of ministerial exemption but may not conclusively presume bad faith on sole basis of|Internet ordination, Board may consider as factor in determining claim of ministerial exemption but may not conclusively presume bad faith on sole basis of

Meat Inspection Act, 21 U.S.C. ch. 12, does not appear to preempt Texas law criminalizing production or possession of horse-meat intended to be consumed by humans|Horse slaughter in Texas with meat intended for human consumption, local prosecutor may prosecute person who engages in|Horse slaughter in Texas with meat intended for human consumption, local prosecutors are authorized to prosecute violation of statutory prohibition|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Health may investigate and local prosecutors may investigate and prosecute|Horse slaughter in Texas with meat intended for human consumption, Department has no authority to prosecute|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Department may investigate|Agriculture

Texas Health Care Information Council required to notify a hospital if it receives any request for public use data that is specific to the hospital and must allow a hospital to submit written comments regarding any public use data or analysis of public us|Requests for public use data, Council required to notify a hospital if it receives any request for public use data that is specific to the hospital and must allow a hospital to submit written comments regarding any public use data or analysis of public us|Release of analysis of public use data to legislator, provider must be provided with an opportunity to review and comment before

Reactivation and continuing-education requirements applicable to peace officers, peace officer retired from Department of Parks and Wildlife's law enforcement program is exempt from|Peace officer retired from Department's law enforcement program is exempt from statutory reactivation and continuing-education requirements otherwise applicable to peace officers|Peace officer retired from Department of Parks and Wildlife's law enforcement program is exempt from statutory reactivation and continuing-education requirements otherwise applicable to peace officers

Funeral Service Commission, authority to register and investigate cemeteries and crematories and to require cemeteries or crematories to submit consumer disclosure documents|Cemeteries' and crematories' owners or operators, authority to register and investigate cemeteries and crematories and to require cemeteries and crematories to submit consumer disclosure documents

Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority to examine|Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority of Department of Insurance to examine

Restructured wholesale electricity market within Electric Reliability Council of Texas, request for information concerning under Public Information Act|Sanctions against third party for filing with the Office of the Attorney General groundless and frivolous claims of confidentiality to impede public disclosure of information; Act does not provide for

Interagency Council on Early Childhood Intervention is authorized to require local service providers to submit information about children and their families for the purpose of evaluating federally and state funded programs but may not redisclose the infor|Information about children and their families, Council may by contract require local service providers to submit for the purpose of evaluating federally and state funded programs but Council may not redisclose the information except in compliance with fed|Individuals with Disabilities Education Act, Part C, authority of Interagency Council on Early Childhood Intervention to require local service providers to submit information about children and their families|Family Educational Rights and Privacy Act of 1974, authority of Interagency Council on Early Childhood Intervention to require local service providers to submit information about children and their families

Appellate court employment policies and procedures, review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and exaction of monetary penalty for noncompliance does not violate separation of powers provision|Separation of powers provision, constitutionality under of legislation that subjects appellate courts' employment policies and procedures to review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and to monetary penalty for |Review of appellate court employment policies of by Commission for compliance with Texas Human Rights Act, separation of powers provision is not violated by

Immigration status does not exempt person from generally applicable state licensing scheme|Foreign-certified educators, State Board for Educator Certification has authority to require "Letter of Good Standing" from foreign jurisdiction for, but should accept alternative documentation in the event such a letter cannot for good cause be produced|Foreign-certified educators, Board has authority to require "Letter of Good Standing" from foreign jurisdiction for, but should accept alternative documentation in the event such a letter cannot for good cause be produced

Eligible project in an enterprise zone, authority to grant additional and concurrent designation in a single enterprise zone enterprise to a qualified business|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone for additional job allocation and sales tax refund|Post-enactment statements by legislators are not evidence of legislative intent|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone

Attorney disciplinary rule prohibiting contact with person represented by counsel, commission rule requiring insurance carrier to send copies of written communications to both claimants and their attorneys creates an exception to|Disciplinary rule prohibiting attorney from contacting person represented by counsel, Workers' Compensation Commission rule requiring insurance carrier to send copies of written communications to both claimants and their attorneys creates an exception to

Specialists in real-time captioning, authority of Court Reporters Certification Board to certify|Specialists in real-time captioning, authority to certify

Anti-bribery statement signed by public officers before taking oath of office, state-level officers must file with secretary of state|Anti-bribery statement signed by public officers before taking oath of office, state-level officers file with secretary of state|State officer

Historic Courthouse Preservation Program, Commission administers|Cathedral, constitutional question raised if public funds were appropriated to restore or preserve|Historic Courthouse Preservation Program, rider attempting to amend general law establishing is invalid under article III, section 35 of Texas Constitution

Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Anatomical Board to reciprocate|Cadavers willed or otherwise donated to named institutions under chapter 691 of the Health and Safety Code are subject to distribution by Anatomical Board, while those donated under Anatomical Gift Act are not|Fees charged by institutions transferring cadavers to third parties, Anatomical Board is not authorized to regulate|Cadavers, Anatomical Board may not regulate fees charged by institutions transferring cadavers to third parties|Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Board to reciprocate|Cadavers willed or otherwise donated to named institutions under chapter 691 of the Health and Safety Code are subject to distribution by Board, while those donated under Anatomical Gift Act are not|Cadavers, fees charged by institutions transferring cadavers to third party not subject to regulation by Board

Foreclosed properties held by or for Agency exempt from state and local taxation|Foreclosed properties held by or for Agency, Agency not liable for accrued taxes on|Foreclosed properties, Agency may hold title to in its own name or in name of agent acting for it|Foreclosed properties held by or for Texas Housing Agency exempt from state and local taxation|Foreclosed properties held by or for Texas Housing Agency, agency not liable for accrued taxes on

Replacement title for motor boat, authority of Department to issue

Terms "reside" and "resident," authority of Board or guaranty association to define; terms do not necessarily require United States citizenship|Statutory terms "reside" and "resident" do not necessarily require United States citizenship

Fees, annual registration fees of State Board of Medical Examiners must be deposited in state treasury|State Board of Medical Examiners, fees collected by not subject to State Funds Reform Act|Annual registration fees must be deposited in state treasury|State Funds Reform Act not applicable to fees collected by Board

Under subsection 301.161 S(b) of the Occupations Code, the Texas Board of Nursing may not disclose the criminal history record information of its license applicants or holders to any person except to another nursing board or by court order.

When the Department of Public Safety provides the Board with a nondisclosure order or the order's contents, subsection 411.075(d) of the Government Code requires the Board to seal criminal history record information it maintains that is subject to the nondisclosure order. The Board has a duty to seal and maintain such information as confidential even when the Board learns of a nondisclosure order after issuing a final disciplinary action.

The practice of medicine includes the provision of anesthesia by a licensed physician.  However, pursuant to subsection 301.002(2)(G) of the Occupations Code, when a certified registered nurse anesthetist administers anesthesia pursuant to a physician’s delegation, such act falls within the scope of professional nursing.

The Legislature authorized the Texas Medical Board to take disciplinary action against a physician who delegates professional medical acts to a person whom the physician knows or should know is unqualified to perform the acts.  Thus, the Board possesses regulatory authority over a physician’s decision to delegate the providing and administration of anesthesia to a certified registered nurse anesthetist.

A certified registered nurse anesthetist does not possess independent authority to administer anesthesia without delegation by a physician.

Tissue banks licensed by another state may operate in Texas pursuant to Health and Safety Code chapter 692A; however, whole-body donations, including transfers, are subject to oversight by the Anatomical Board of Texas.

The State Employee Charitable Campaign’s approval of abortion providers or affiliates constitutes a taxpayer resource transaction under Senate Bill 22, codified at Government Code chapter 2272 titled “Prohibited Transactions.”

A nonprofit organization leasing a publicly owned property may generally qualify for and obtain the state tax credit for certified rehabilitation of certified historic structures on behalf of the public owner pursuant to Tax Code, chapter 171, subchapter S.

The operation of pawnshops is governed exclusively by state law. 

Occupations Code chapter 1102’s express authorization for a real estate inspector to provide an opinion on real estate’s “plumbing systems” likely includes a camera inspection; thus, to the extent the Texas State Board of Plumbing Examiners’ rule requires a real estate inspector to get a plumber’s license to perform a job that is within the scope of the real estate inspector’s license, a court would most likely consider the rule invalid.

Occupations Code section 351.005 provides that the Texas Optometry Board is prohibited from interfering with certain rights of a licensed physician.

When the Texas Windstorm Insurance Ass'n Board has provided requisite notice to member insurers about an assessment at a regularly-scheduled Board meeting, it is unlikely a court will require the Board to call an additional emergency meeting to provide the same notice.  So long as the Board complies with its quorum requirement, Board vacancies do not impair its ability to take action.

Public employers must ensure that employee consent to a payroll deduction for membership fees or dues in a union or employee organization is collected in a way that ensures voluntariness, such as requiring direct provision of authorization from an employee to an employer.  A one-time, perpetual consent to a payroll deduction for membership fees or dues is inconsistent with the U.S. Supreme Court’s holding in Janus; however, consent for one year from the time given is likely valid and is sufficiently contemporaneous to be constitutional.

House Concurrent Resolution 111, passed by the 80th Legislature, gives the State Preservation Board and the Texas Facilities Commission discretion concerning the construction of a Bill of Rights monument.

A court is unlikely to conclude that institutions of higher education may use passage of other exams for comparable programs or passage of a State Board for Educator Certification Bilingual Target Language Proficiency Test practice exam to meet the grant award requirement in Rider 52 that qualified students pass the State Board for Educator Certification Bilingual Target Language Proficiency Test.

A court is likely to conclude that Texas A&M University must comply with the requirements of section 2166.5011 before removing or relocating the Ross statue.

The Teacher Retirement System’s authority to invest its funds is limited to items qualifying as “securities” under Government Code subsection 825.301(a); thus, to the extent any real estate investments of the System comprise realty itself and do not qualify as a “security” pursuant to subsection 825.301(a), they are unconstitutional.

A professional employer organization’s performance of its statutory duties under chapter 91 of the Labor Code pursuant to a professional employer services agreement does not constitute money transmission for which a separate license is required under chapter 151 of the Finance Code.

The common-law reserved powers doctrine could limit whether a home-rule municipality may enter a contract that would prohibit decertification of a special utility district’s certificate of convenience and necessity in the future.

Nothing in the language of Transportation Code chapter 706 authorizes a political subdivision to require the Department of Public Safety to lift previously-requested drivers’ license renewal holds for reasons other than those articulated in subsection 706.005(b).

A rule exempting an appraiser licensed under Occupations Code chapter 1103 from complying with the Uniform Standards of Professional Appraisal Practice when performing an evaluation as allowed under the federal Interagency Appraisal and Evaluation Guidelines would conflict with section 1103.405.

Education Code subsections 11.151(c) and 11.154(a) authorize the Blinn College District to convey the Star of the Republic Museum’s real and personal property to the Texas Historical Commission so long as the transfer complies with Texas Constitution article III, subsection 52(a).

The application of Government Code section 552.143 to investment information published in a media source of general circulation is determined by specific facts.

Physician supervision for acts delegated to certified registered nurse anesthetist

Punishment for a violation of the maximum vehicle weight limit established under Transportation Code section 621.102

The Utilities Code gives “complete authority” to the Public Utility Commission to adopt and enforce rules relating to reliability and accounting for the production and delivery of electricity among market participants.  Specifically, subsection 39.151(d) of the Utilities Code authorizes the Public Utility Commission to oversee and investigate the independent organization (ERCOT) as necessary to ensure ERCOT’s accountability and to ensure that it adequately performs its functions and duties. Within the regulatory timelines, ERCOT can also revise pricing on the wholesale electricity market if certain events occur.

Under the plain language of subsection 39.151(d), the Public Utility Commission has complete authority to act to ensure that ERCOT has accurately accounted for electricity production and delivery among market participants in the region. Such authority likely could be interpreted to allow the Public Utility Commission to order ERCOT to correct prices for wholesale electricity and ancillary services during a specific timeframe.

A court would likely find that such corrective action by the Public Utility Commission under subsection 39.151(d) does not raise constitutional concerns, namely under article 1, sections 16 and 17 of the Texas Constitution, provided that such regulatory action furthers a compelling public interest.

Ector County’s compliance with chapter 387 of the Local Government Code, regarding creation of a county assistance district

Application of Natural Resources Code section 81.066 to Railroad Commission’s authority to address oil and gas equipment noise in annual strategic plan

The Legislature authorized the Behavioral Health Executive Council to take disciplinary action against social workers who refuse to perform an act or service within the scope of their licenses solely because of the recipient’s age, sex, race, religion, national origin, color, or political affiliation.  The Council adopted a rule changing the word “sex” to “gender” and authorizing disciplinary action for refusal of service based on disability, sexual orientation, and gender identity and expression.  In doing so, the Council exceeded the authority granted to it by the Legislature by rewriting the language chosen by the Legislature and imposing additional restrictions in excess of the relevant statutory provisions.  A court would likely conclude that the rule is invalid to the extent that it is inconsistent with and exceeds the Council’s statutory authority.

No Texas statute prohibits discrimination based on sexual orientation or gender identity or expression, and the U.S. Supreme Court has emphasized that religious and philosophical objections to categories of sexual orientation are protected views and in some instances protected forms of expression under the First Amendment.  If the Legislature intends otherwise, it may expressly amend the statute to so provide. A Council rule prohibiting that expression conflicts with the longstanding constitutional protection for an individual’s free exercise of religion. 

While a social worker may not discriminate based on disability in contravention of state and federal law, the Council lacks statutory authority to discipline a licensee for discrimination based on disability.

County authority to erect signage in a state highway right-of-way under Transportation Code chapter 394

Authority of attorney in private practice who represents parents and children in child protection cases in a particular county to also be employed as an assistant county attorney in a different county to represent the Texas Department of Family and Protective Services

Interpretation of 2021-22 General Appropriations Act Rider 32 in relation to  unexpended funds locally collected and maintained by a community supervision and corrections department

 Authority of a licensed professional engineer to certify a subdivision plat in specific circumstances

Permissible uses and distributions of escrowed purse funds by the Texas Greyhound Association under section 2028.202 of the Occupations Code

A court would likely conclude that the Council may not readopt, modify, or repeal a rule that concerns one of the subjects in Occupations Code subsection 507.153(a) unless the examining board for the profession first proposes readoption, modification, or repeal.

Whether a person under the physician’s control, supervision, or direction is exempt from regulation under Occupations Code subsection 351.005(a)(2)(B) does not turn on whether the person is an employee or independent contractor. And whether a physician’s specific degree of supervision of an optometrist or treatment and care of a patient will impact the Board’s action against an optometrist involves fact questions that are outside the purview of an attorney general opinion. A legal entity wholly owned and controlled by at least one licensed physician that is also a manufacturer, wholesaler, or retailer of ophthalmic goods is exempt from Occupations Code section 351.408 only if the legal entity has offices at three or fewer locations.

The Texas Behavioral Health Executive Council’s rulemaking authority likely includes authority to adopt a rule allowing a person licensed as a Licensed Specialist in School Psychology to use the title School Psychologist or Licensed School.

To the extent ownership of the historical markers have not been lawfully transferred to another party, the markers remain the property of the State of Texas. A court would likely conclude the Texas Facilities Commission is charged with maintaining the historical markers commemorating the centennial of the Republic of Texas and the Civil War.

Water Code subsection 12.013(a) authorizes the Public Utility Commission to fix reasonable rates for the furnishing of raw or treated water for any purpose under Water Code chapter 11 or 12. Water Code section 51.305 pertains to specific expenses a water control and improvement district may allocate to certain users. The two provisions do not conflict. Under the plain terms of subsection 51.305(d), when an authorized party disputes a water control and improvement district’s allocation assessments and other payments necessary to cover the maintenance and operating expenses of its water delivery system, a petition filed with the Texas Commission on Environmental Quality is the sole remedy. Otherwise, the matter is before the Public Utility Commission.

As this office does not resolve factual questions in attorney general opinions, we cannot determine the nature of the underlying dispute and thus cannot answer your question about which entity may have exclusive jurisdiction to hear it.

Addressing the responsibility of the Texas Department of Criminal Justice to reimburse counties for the transportation of inmates from county jails to state jail facilities, including remedies if reimbursement is not made, or if inmates are not transferred by the statutory deadline.

Texas State Library and Archives Commission authority to receive a donation of repair, rehabilitation, or construction work for a specific purpose where a donor pays a third-party to perform the work.

Considering the meaning of “excessive discount” under Alcoholic Beverage Code subsection 102.07(c).

Considering the requirement of a license under Occupations Code chapter 1101 for persons engaged in transactions involving wind leases.