Supremacy Clause

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

Holocaust registry established by article 21.74, Insurance Code, interferes with the President's conduct of foreign affairs, and is thus preempted by the United States Constitution|Article 21.74 of the Insurance Code, which establishes a Holocaust registry, interferes with the President's conduct of foreign affairs, and is thus preempted by the United States Constitution

Presumption of no negligence in action for negligent hiring against residential delivery company that performed employee background check, whether 49 U.S.C. § 14501(c) governing state authority over motor carriers preempts state law providing for|Motor carriers of property, whether 49 U.S.C. § 14501(c) governing state authority over motor carriers preempts state law providing for residential delivery company employee background checks

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

Blocking of railroad crossing, section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than ten minutes, is preempted by the federal Interestate Commerce Commi|Railroads, Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Act, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for|Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than|Railroads, section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than ten minutes, is preempted by the federal Interstate Commerce Commission Termination Act

Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from Canada

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

Concealed handgun, 18 U.S.C. § 926C, which authorizes a qualified retired law enforcement officer to carry, does not preempt Texas Occupations Code section 1701.357, which provides a means by which some retired peace officer may obtain the proficiency certification required under federal law|Concealed handgun, 18 U.S.C. § 926C authorizes a qualified retired law enforcement officer to carry if the officer has obtained the state proficiency certification provided by state law|Retired law enforcement officers who qualify under 18 U.S.C. § 926C may carry a concealed handgun if the officers have been certified as proficient under state law|Retired officers may carry a handgun under 18 U.S.C. § 926C if the officers have obtained weapons-proficiency certification under state law

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

Horsemeat exported abroad, application of transportation ban to foreign corporation|Horsemeat exported abroad, the application of transportation ban to foreign corporation transporting horsemeat through Texas does not violate the Commerce Clause|Horsemeat exported abroad, the application of transportation ban to foreign corporation transporting horsemeat through Texas is not likely preempted by section 1553 of the Tariff Act of 1930

Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of Appeals

Statutes providing for unauthorized aliens to receive in-state tuition at Texas state colleges and universities, whether they violate federal law and federal equal protection

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

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

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

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

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

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

Portable rent subsidies, federal law and regulation authorize housing authority to administer outside its jurisdiction|Federal regulation permitting housing authorities to administer "portable" rent subsidies outside of their jurisdiction expressly preempts state law

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

Nutrition Labeling and Education Act of 1990 does not preempt state law establishing mandatory bread weights|Bread weight standards under state law not preempted by federal labeling laws|Bread weights, whether federal labeling laws preempt state law mandating

Homeowners Protection Act of 1998, notification of mortgagor's right to cancel private mortgage insurance under is consistent with state law|Lender, federal law requiring annually to notify mortgagor of right to cancel private mortgage insurance is consistent with state law|Mortgage insurance, federal law requiring service annually to notify mortgagor of right to cancel is consistent with state law|State law, federal law supersedes if the two laws actually conflict

Assured-isolation facility for low-level radioactive waste, development in Texas would comply with requirements of Texas Low-Level Radioactive Waste Disposal Compact|Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities preempted by federal law|Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities burdens interstate commerce

Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Federal Constitution|Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Commerce Clause|Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Supremacy Clause

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

Undocumented aliens, pursuant to federal law undocumented aliens are ineligible for state or local public benefits, including non-emergency health care provided by Harris County Hospital District|Welfare Reform Act provides that undocumented aliens are ineligible for state or local public benefits|Aliens, federal laws on admission, naturalization, and residence of aliens preempt inconsistent state law

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

USA Patriot Act of 2001 does not preempt Texas statute restricting access to magnetic stripe information on driver's licenses|Magnetic stripe information on driver's licenses, financial institution may not use

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