Delegation Of Duties

Delegation of legislative authority to private entity-a court would first confirm the delegation, examining whether it results in a private entity setting public policy, providing the details of the law, promulgating rules and regulations to apply the law, or ascertaining conditions upon which existing laws may operate. If so, court would apply eight-factor test from Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen to determine whether the factors as a whole weigh in favor of or against constitutionality.|Delegation of legislative authority to public entity - court examines whether the Legislature established reasonable standards to guide the public entity in exercising such powers.|Regulatory takings challenge, a court considering challenge would use federal framework examining: (1) regulation's economic impact on claimant; (2) the nature of the governmental action; and (3) regulation's degree of interference with property owner's economic expectations."|Proposed management plan (the "Plan") for the Upper San Saba River involving a potential delegation of legislative authority, the constitutionality of, and whether such a Plan would result in a regulatory taking, involves fact determinations that cannot be resolved in an attorney general opinion.

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

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

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

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

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

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

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

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

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

Deliberation and decision-making, bail bond board member's delegation of must be expressly authorized|Alternate licensed bail bond surety to serve on county bail bond board when licensed bail bond surety representative is unable to attend meetings, board may not permit

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

Chronically Ill and Disabled Children's Program, Board of Health is responsible to adopt eligibility criteria and system of priorities for|Subdelegate statutory responsibility to staff, Board of Health may not|Chronically Ill and Disabled Children's Program, Board may not delegate duty to adopt eligibility criteria and system of priorities for