Occupational And Professional Licenses

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

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

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

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

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

Corporate bail bond sureties must apply for separate licenses and deposit separate security for each agent in a county|County clerk may not refuse to accept for filing an instrument concerning real property, including an affidavit of adverse possession, if the affidavit meets the recording requirements of Property Code section 12.001(a)

Legislator may represent person in administrative license revocation hearing only if legislator has previously represented person in criminal proceeding arising out of same facts|Administrative license revocation hearing, legislator may represent person in, only if legislator has previously represented person in criminal proceeding arising out of same facts|Legislator may represent a person in administrative license revocation hearing only if legislator has previously represented person in criminal proceeding arising out of same facts

"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

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

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

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

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

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

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

Sex offender treatment providers, licensing|Sex offender treatment provider, necessity for licensing

Municipal building officer may rely on the engineer's seal pursuant to section 1001.402, Occupations Code and receive plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements|Professional engineer's seal is assurance that a plan, specification, or other related document was prepared by a professional engineer|Professional engineer's seal represents that the professional engineer endeavored to conform the plan, specification, or other related document to all federal, state, and local engineering requirements|Municipal building officer may rely on the engineer's seal pursuant to section 1001.402 of Occupations Code and receive a plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements

Dual-employment as a deputy sheriff and a county jailer, whether it constitutes "full-time employment as a peace officer" to make a jailer exempt from the provisions of the Private Security Act under section 1702.322 of the Texas Occupations Code is a factual determination|Full time employment as a peace officer, it is a question of fact under section 1702.322 of Texas Occupations Code whether a person employed as a county jailer and a deputy sheriff has|Full time employment as a peace officer, it is a question of fact under section 1702.322 of the Occupations Code whether a person employed as a county jailer and a deputy sheriff has

Employ road administrator when unable to employ licensed professional engineer, county operating under county road department system is authorized under section 252.304 of Transportation Code to|Licensed professional engineer, county commissioners court authorized to hire road administrator under section 252.304 where unable in fact to employ|County road administrator, county commissioners court authorized by section 252.304 of Transportation Code to hire when unable in fact to employ licensed professional engineer

Manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company|Bingo manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company|Holding company|Equitable or credit interest

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

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

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

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

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

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

Employees of bail bondsmen, board rule imposing restrictions on employment beyond those established by statute exceed authority of bail bond board

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

Applicant for a real estate inspector’s license must carry liability insurance, and the Texas Real Estate Commission lacks authority to waive that requirement

Advertising by a bail bond licensee\\'s exclusive advertising in a magazine that is distributed to pretrial detainees held in the county jail could constitute unlawful \\"solicitation\\" in violation of Texas Occupations Code section 1704.304(c)

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

Eligibility of a person who was convicted of a misdemeanor involving moral turpitude but who received \\"judicial clemency\\" to act as a bail bond surety

Athletic trainers, scope of term "physician" in statute licensing | Physician

Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law would require factual determinations that cannot be made in attorney general opinion|Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law wou

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

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

Bail bond board, sheriff may not accept bond from person who is not licensed by that county's|Bail bond board, to act as bail bondsman in that county a person must be licensed by county's|Sheriff may not accept bond from bondsman who is not licensed by that county's bail bond board|Licensed by county's bail bond board, to act as bail bondsman in that county person must be

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

Admission fee|Pay-per-view fees charged to subscribers of boxing match simulcast, gross receipts tax does not apply|Cable television company charging pay-per-view fee to subscribers to live boxing simulcast need not be licensed as boxing promoter; pay-per-view fees are not subject to three-percent gross receipts tax|Boxing promoter, cable television company charging pay-per-view fee for live simulcast of boxing match is not|Boxing match, gross receipts tax on admission fees to view does not apply to pay-per-view fees charged by cable television company to subscribers for live simulcast|Boxing match, cable television company charging pay-per-view fee for live simulcast of is not boxing promoter and is not subject to three-percent gross receipts tax

Structural pest control license, whether municipal employee must obtain

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

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)

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

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

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

Athletic trainer, coach who is not licensed as may not perform duties of athletic trainer whether or not coach is compensated to perform those duties|Athletic trainer, no one, including a coach, may perform as unless licensed

Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rights|Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violate|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing in accordance with federal law|Suspend license temporarily without a hearing, due process requirements|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing|Emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights|Vehicle emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights

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

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

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

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

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

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

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

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

Bail bond surety, applicant for licensure may submit evidence of the value of real property to be executed in trust to the county bail bond board|Adjudicative powers of county bail bond board|Applicant for license as bail bond surety may submit evidence of the value of real property to be executed in trust to the county bail bond board

Time for constable to obtain licensure required by section 86.0021 of the Local Government Code begins running when constable is sworn in for elective term

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

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

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

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

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

Public security officer employed by board of harbor and port facility is an armed security officer that may be licensed by Texas Commission on Law Enforcement Officer Standards and Education|Public security officer employed by board of harbor and port facility is an armed security officer that may be licensed by

Alternative method of certification for shorthand reporters provided by section 52.021(e) of the Government Code is available to all qualified applicants rather than limited to out-of-state applicants

A court would likely conclude that a prosecuting attorney’s investigator is not prohibited by Penal Code section 46.03 from carrying a firearm into a government court.

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.

As the more specific provision, Texas Occupations Code section 201.5065 prevails over sections 53.021 and 201.502. Accordingly, the Board of Chiropractic Examiners does not have discretion regarding whether to suspend or revoke a chiropractor’s license if the licensee has been convicted of an offense within the purview of Texas Occupations Code section 201.5065.

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