Business Regulation

A court would likely conclude that Occupations Code section 1304.1581 does not authorize a service provider to issue a service contract refund that does not deduct the amount of any claims previously paid under the contract.

Section 2301.476(a)(2), Occupations Code - a company that relinquishes control of a manufacturer but maintains full ownership of that manufacturer remains affiliated with the manufacturer for purposes of

Commercial lessor license, continuation upon conversion of business entity or transfer of|Bingo commercial lessor license, continuation upon conversion of business entity or transfer of

Junked vehicle visible from public place or right-of-way, county may abate and remove, but may not require a particular type of screening to render vehicle non-visible

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

Remains of a deceased individual, chapter 716 of the Health and Safety Code permits a person authorized to dispose of to contract directly with a crematory

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

Cremation authorization form, funeral establishment need not obtain, where decedent has designated in prepaid funeral contract that his remains shall be cremated|Funeral establishment need not obtain cremation authorization form where decedent has designated in prepaid funeral contract that his remains shall be cremated

Criminal history background check, installers and repairers of lawn sprinkler and landscape lighting systems are subject to if they enter an enclosed home or dwelling, including an attached garage, but not if they enter only the yard or surrounding real e

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

Irreconcilable conflict, silence in one statutory provision as to other statutory provision does not constitute|Irreconcilable conflict, mere difference between two statutes does not in itself constitute|Full effect, amendments to section 1301.002, Occupations Code, Plumbing License Law, contained in House Bill 3507 from the 78th Legislature should be given|Drain Cleaner|Drain Cleaner-Restricted Registrant|Executive Director|Journeyman Plumber|Plumber's Apprentice|Plumbing Inspector|Residential Utilities Installer|Tradesman Plumber-Limited License Holder

Engineers, authority to engage in comprehensive and complete building design of a project without the involvement of an architect

Hotel occupancy tax; authority of a municipality with a population of fewer than 35,000 to impose in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percent|Hotel occupancy tax, authority of municipality with population of fewer than 35,000 to impose such tax in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percent

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

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

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

Display of advertising or licensee information on a vehicle in the parking lot of the county jail, section 1704.304(c) of the Occupations Code, does not prohibit a bail bond licensee’s\r\n\r\nAdvertising of bail bonds under section 1704.101 of the Occupations Code, county bail bond board may regulate

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation

Medical Device Amendments of 1976 to Federal Food, Drug, and Cosmetic Act of 1906, subsections 402.451(a)(6) and 402.451(a)(7) of Occupations Code expressly preempted by

County Auditor who is a certified public accountant may ethically perform an audit under section 775.082 of the Health and Safety Code|Audit

Number of potential suppliers available to sell products to a school district, whether reverse auction company’s procedures impermissibly limit the number is a fact question not appropriately answered by the opinion process

Credit Unions, scope of authority of state-chartered credit unions under statute granting them parity with authority of federally-chartered credit unions

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

Payment of an entry fee to participate in a contest that tests skill or speed and does not involve an element of chance is likely not a bet as provided by subsection 47.01(B) of the Texas Penal Code

Retail establishment in Texas is not prohibited from charging an itemized and disclosed \\"service fee\\" on a consumer transaction

Employer subject to Labor Code section 52.061 may not ban the transport and storage of handguns in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice authorized by Penal Code section 30.06|Federally approved facility security plan under either the Maritime Transportation Security Act or the Chemical Facility Anti-Terrorism Standards does not equate to federal law that would preempt Labor Code section 52.061

Whether Texas Advertising Fee Statute is preempted by federal Cigarette Label and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Texas law provides that preempted provisions of a state statute may be severed to leave the remaining statute effective if remaining statute is capable of being executed in accordance with legislative intent|Whether Texas Advertising Fee Statute is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether unconstitutional provision of state statute is severable is a matter of state law. A provision is severable if the remaining statute is capable of execution independent of that which was stricken|Free speech, whether the Texas Advertising Fee Statute violates free speech protections is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the Texas Advertising Fee Statute as it applies to cigarettes is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the federal Cigarette Labeling and Advertising Act preempts the Texas Advertising Fee Statute is a fact-intensive question that cannot be resolved in an attorney general opinion|By providing that a fee shall be remitted, the Texas Advertising Fee Statute imposes a requirement upon purchasers of outdoor cigarette advertising

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

Talent agency adhering to Screen Actors Guild franchise regulations would not violate Talent Agency Act

Outdoor shooting ranges, regulation by reference to standards of National Rifle Association is unconstitutional

Random drug testing by private employers, city ordinance prohibiting is reviewed under "rational basis" test

Outdoor displays and signs, Pawnshop Act preempts regulation by home-rule city of

Gallonage limit, there is none on sales of wine by winery permit holder|Winery permit holder, no gallonage limit on sales of wine by|Winery permit holder, no gallonage limit on sale of wine

Thing of value|Towing company, whether cost of installation of statutorily-required sign must be borne by owner of parking facility or towing company

Pawnshop license, inclusion of certain subordinated debt of pawnshop in calculation of net assets to determine eligibility for|Subordinated debt of pawnshop, inclusion of in calculation of net assets to determine eligibility for pawnshop license

Cigarette vending machines, home-rule city may prohibit|Preempted by state law, home-rule city ordinance prohibiting cigarette vending machines is not|Cigarette vending machines, home-rule city may adopt ordinance restricting or prohibiting

Cooperative corporation must incorporate under Cooperative Association Act and not under Texas Non-Profit Act

Street vendors, Type A general-law city's authority to regulate or prohibit by ordinance

Test drive, automobile dealer's contest that requires entrant to participate in is not a lottery

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

Fraudulent filing provisions of section 9.412 of the Business and Commerce Code do not apply to any transaction listed in section 9.104 thereof

Real estate appraisers, authority to complete valuation conditions form for FHA appraisals|FHA appraisals, authority of real estate appraiser to complete valuation conditions form for

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

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

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

Emergency lights in tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in|Lighting equipment on tow trucks performing nonconsensual tows, Harris County may, by rule or ordinance, prohibit a tow truck from having auxiliary stop and tail lamps in or under factory-mounted light bar|Tow trucks performing nonconsensual tows, Harris County may regulate lighting equipment for|Emergency lights on tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in

Sexually oriented business located within specified distance of church in another city, municipality may enforce ordinance against

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

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

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

Legal fees|Pay|Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorney

Accounting firms with owners who are not certified public accountants, authority to organize under Texas Business Corporation Act or Texas Limited Liability Company Act|Accounting firms with owners who are not certified public accountants, authority to incorporate under Texas Business Corporation Act or Texas Limited Liability Company Act

Towing company may not provide free services to a parking facility in exchange for a towing contract

Air conditioning and refrigeration contractor licensed by Department of Licensing and Regulation, city may not impose local licensing taxes, occupation taxes, or bond requirements on|Air conditioning and refrigeration contractor licensed by Department, city may not impose local licensing taxes, occupation taxes, or bond requirements on

Driving instructor for private, nonprofit corporation must comply with statutory requirements for such instructions|Corporation, private, nonprofit, that offers driver safety instruction must comply with statutory requirements regulating such business|Driver safety instruction, private, nonprofit corporation that offers must comply with statutory requirements regulating such businesses

A depreciation benefit product purchased solely with cash does not fit the definition of a depreciation benefit optional member program in Occupations Code subsection 1304.003(a)(3) and thus is not regulated by chapter 1304.

The operation of pawnshops is governed exclusively by state law. 

The Dallas County Judge does not have authority to regulate the operation of pawnshops during the COVID-19 disaster declaration.

Effect of Lone Star Infrastructure Protection Act on generation interconnection agreements between a Texas transmission service provider and certain entities

Analysis of the Lone Star Infrastructure Protection Act

Addressing the transportation of low-THC cannabis inventory by a licensed dispensing organization between approved locations prior to a prescription being issued and filled