Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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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)JC-0189
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.JC-0308
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 ConstitutionGA-0021
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.GA-1048
Concealed handguns, whether governmental entity may prohibit carrying on its premises by posting notice under criminal trespass statuteLO95-058
Contingent fee contract with law firm, authority of state agency to enter intoLO96-124
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 languageKP-115
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 themGA-0021
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 Actís effective date but it is prohibited from consideringGA-0866
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.GA-1048
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 GA-0610
Fee, Animal Health Commission is not authorized to charge for reviewing and processing health certificates after their completion by a private practitionerGA-0191
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 satisfiedGA-0866
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 thatKP-127
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 conflictKP-127
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 concludeKP-127
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.KP-055
Forensic Science Commission's accreditation authority over postmortem toxicological analysisKP-188
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 concludeKP-127
Forensic Science Commissionís 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 placeGA-0866
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 ActKP-142
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)DM-0346
Neither Government Code chapter 417 nor Opinion GA-0866 limits the State Fire Marshal's office from investigating and making findings on closed arson casesGA-1048
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 presidentGA-0073
Officeholder contributions, whether law firm expenditures relating to state agency litigation constituteLO96-124
Political advertising, whether law firm expenditures for advertising relating to state agency litigation constituteLO96-124
Property insurance, state agencies not authorized to purchase without specific legislative authorizationDM-0197
Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government CodeGA-0073
River authority, status as a state agencyGA-0079
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 toGA-0919
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 itGA-0889
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 unenforceableGA-0995
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 TexasGA-0995
State Bar of Texas, Texas Supreme Court exercises administrative control over and promulgates rules which govern the State BarGA-0995
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 OfficeGA-1048
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 OfficeGA-1048
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 licenseKP-080
Texas Facilities Commission's authority to exercise lease renewal options for agency office spaceKP-106
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 theGA-0611
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 CodeDM-0457
"Forensic analysis" has the precise meaning specified in the statutory language of article 38.35, Code of Criminal ProcedureGA-0866
A&M University System Board of Regents
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 lawGA-0351
Conflict of interest, common-law doctrine of precludes System from contracting with a law firm in which a regent is a partner and precludes payment for any work performed by firmLO93-012
Videoconference call, authority to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))DM-0478
Accountancy, State Board of Public
Examination booklets, whether Board may withhold after examLO90-059
Acupuncture Examiners, Board of
Titles used by acupuncturists, authority of Board to recommend to Board of Medical Examiners use of certainDM-0336
Adjutant General
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 GA-0736
Aircraft crash and rescue personnel employed by Adjutant General are not subject to certification by Commission on Fire Protection Personnel Standards and EducationLO90-082
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 leaveGA-0736
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 undeGA-0200
Public security officer employed by Adjutant General may carry handgun on work premises but not while traveling to and from workJM-1271
Administrative Hearings, State Office of
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 licenseJC-0495
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 SOAHís current appropriationGA-0947
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 SOAHDM-0231
Aging and Disability Services, Department of
Authority to file Application for Placement under Health and Safety Code section 593.041 GA-0507
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 dutiesDM-0173
State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearingsKP-136
Texas Constitution, rider which requires Department to use standards, procedures, etc., of Department of Human Services contravenesDM-0116
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 itGA-0742
Volunteer ombudsman intern, immunity from suit and authority of attorney general to representDM-0206
Agricultural Finance Authority
Administrative expenses incurred on behalf of Authority, bond proceeds from Texas Agricultural Fund may be used to reimburse Department of Agriculture forDM-0255
Linked deposit contracts, bank that employs board member of Authority may not participate in as contracts would be invalid under common-law conflict of interest rulesLO97-052
Resolution, affirmative vote of three members of board of Authority sufficient to pass when three members constitute majority of quorum of boardJC-0267
Agriculture, Department of
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 factGA-0289
Department of Agriculture may not add burdens, conditions, or restrictions beyond those imposed by statuteKP-193
Horse slaughter in Texas with meat intended for human consumption, Department has no authority to prosecuteJC-0539
Pesticide applicator license, determination of what exclusions from coverage are acceptable in bonds or insurance policies for requires determination of fact questions by DepartmentLO90-017
Rider concerning money reverting to Department under agreement with United States Department of Agriculture is invalid to the extent inconsistent with general lawDM-0145
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 numberGA-0289
Air Control Board
Motor vehicle inspection station audits, whether Board investigator may tamper with vehicle's pollution control equipmentLO90-076
Air National Guard, Texas
Termination of officer from Texas Air National Guard, validity of regulation authorizingJC-0265
Aircraft Pooling Board
Airport facilities on leased property, authority of board to buildLO97-078
Airport, authority to own and operate for use of state aircraftDM-0436
Alcohol and Drug Abuse, Commission on
Chemical dependency counselor, authority of Commission to investigate for alleged violations of licensing provision occurring before effective date of provisionLO94-013
Private psychiatric hospitals offering chemical dependency treatment and licensed by Department of Health, exemption from licensing by CommissionLO94-032
Reports of investigation of abuse or neglect at drug treatment center are statutorily excepted from required public disclosureJM-1178
Alcoholic Beverage Commission
Bingo Enabling Act, reorganization of Commission that would assign personnel both bingo and non-bingo duties in substantial compliance withLO92-038
Bingo games, Commission may not waive fee for small prizes inDM-0062
Commissioner is subject to Open Meetings Act and may not attend and participate in meeting via live video transmissionDM-0207
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 ofDM-0115
Gambling offense, Commission has rulemaking and statutory authority to regulate permittees and licensees found to have engaged inDM-0466
Investment in business engaged in sale of alcoholic beverages, Commission member may not makeDM-0310
Licensing, authority to issue manufacturer's licensee for premises to be shared with another licenseeLO98-032
Machine that dispenses alcoholic beverages by means of a PIN number, Commission may not authorizeLO98-107
Rulemaking authority, Commission hasLO90-005
Telephone call accounting system used by Commission to detect employee misuse of telephone, fact question whether it is a "pen register"LO93-103
Anatomical Board
Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Board to reciprocateJC-0583
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 notJC-0583
Cadavers, fees charged by institutions transferring cadavers to third party not subject to regulation by BoardJC-0583
Animal Health Commission
Conveyance of special equipment, General Appropriations Act authorizes Commission to purchase pickup trucks and trucks forLO93-009
Appraiser Licensing and Certification Board
Board is not authorized to promulgate additional education requirements for appraiser traineesGA-0253
Licensing and certification of real estate appraisers, chapter 1103 of the Texas Occupations Code regulates Rules 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 If 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 Subject to judicial review, the Board may determine whether the Uniform Standards of Professional Appraisal Practice or Board rules regulate particular tasks that appraisers might performGA-0911
Architectural Examiners, Board of
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 convictionGA-0064
Overlap between professions of architecture and engineeringDM-0161
Professional Services Procurement Act, Board has principal duty of enforcing against its registrantsJC-0266
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 awardsJC-0244
Attorney General - Opinion Authority
Advisory in nature and not binding on courts, attorney general opinions areGA-0115
Bond ordinance (municipal), Attorney General cannot construeLO98-058
City charter provision will not be construed by this office unless it implicates a question of federal or state lawGA-0356
Contracts, office does not review or construeLO98-060
Contractual instruments, including easements, attorney general does not construe in attorney general opinionsDM-0420
Court order or subpoena, attorney general will not construe or overrule in an attorney general opinionLO93-074
Court order, attorney general opinion will not reviewGA-0772
Court order, attorney general will not consider appeal ofLO92-039
Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinionJC-0406
Fact question whether telephone call accounting system is a "pen register" cannot be resolved in opinionLO93-103
Fact question, whether reflexology constitutes massage therapyLO93-085
Judicial opinion, attorney general will not reverse in an attorney general opinionLO93-074
Judicial order, attorney general will not consider the propriety or validity of in opinionLO95-051
Junior college district trustees are not authorized requestors of attorney general opinionDM-0020
Municipal charters, ordinances, or policies are not construed by opinions, except as to possible conflicts with state or federal statutory or constitutional lawLO93-042
Opinion is presumed to state law unless modified or overruled by subsequent attorney general opinion, statutory amendment, or judicial decisionLO93-080
Prospective application, Attorney General Opinion JM-1161 will have onlyJM-1179
Attorney General, Office of the
Administrative litigation information, determination as to whether information should be withheld from inspection is made by agency attorney subject to review by attorney generalLO94-069
Court-appointed volunteer advocate program for abused and neglected children, Attorney General's authority to contract with one statewide organization to administer and subcontract services forLO93-082
District judge, state not required to pay for defense of judge who retains private counsel without prior approval of Attorney GeneralJC-0047
Peace officers' memorial fund, authority to enforce as charitable trustLO96-038
State agency contingent fee contracts with law firms, attorney general authorized to negotiate and approveLO96-124
Volunteer Department on Aging ombudsman intern, immunity from suit and authority of attorney general to representDM-0206
Authority and Duties
Partnership Advisory Commission is generally not subject to the Open Meetings ActGA-0999
Open Meetings Act, whether applicable to Automobile Insurance Plan AssociationLO95-067
Automobile Theft Prevention Authority
Insurers, Texas Automobile Theft Prevention Authority may not assess fee on other than those writing "motor vehicle insurance" policiesGA-0179
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 GA-0179
Single interest policies, Authority may not by rule exempt from statutory feeJC-0166
Banking Department of Texas
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 aJC-0477
Currency Exchange Act, Department may not enforce on Indian reservationDM-0442
Department may hire son of Finance Commission member because Banking Commissioner's hiring decisions are not subject to control of Finance CommissionJM-1175
Disposition of decedent's remains, modification of instructions in a preneed funeral services contractJC-0279
Finance Commission part-time executive director, common-law doctrine of incompatibility does not prevent Commissioners of Banking Department, Savings and Loan Department, or Consumer Credit Commission from serving asLO92-070
Nonprofit cemetery association that wishes to sell grave vaults to members must have permit from DepartmentLO96-115
Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizationsJC-0417
Prepaid funeral contract: Method of disposition for purchaserís remains specified therein may not be changed by holder of statutory durable power of attorneyGA-0720
Receiver, funds controlled by Commissioner in capacity as are not public funds that Commissioner may invest under Public Funds Investment ActDM-0489
Travel advances, Commissioner may not invest under Public Funds Investment Act because not authorized by statuteDM-0489
Barber Examiners, State Board of
Barber school tuition protection account, claims for unused tuition against not limited by source of tuitionGA-0092
Booth rental permit requirement exceeds Board's authorityLO92-065
Hair and beard, Board has authority to distinguish between for purposes of enforcing provisions in Occupations CodeJC-0211
Hair and beard, distinction between not void for vagueness on its face; but Board should clarify by rule to avoid vagueness problem in applying statuteJC-0211
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, certificatGA-0258
Blind, Commission for the
Federal Randolph-Sheppard Act, Commission may not impose costs for furnishing information to its licensees underGA-0180
Vending facilities on federal property, Commission may contract with federal government to operate without violating state constitutional limitations on use of public fundsJC-0489
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 provideJC-0470
Board of Education, State
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 GA-0016
Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532KP-005
Rule proposed by Board impinging on specifically delegated power of Texas Education Agency with respect to test development is invalidJC-0478
Building and Procurement Commission
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 GA-0200
Charitable Campaign Policy Committee, State Employee
Policy committee and related local committees are subject to Open Meetings and Open Records Acts; advisory committee is subject to Open Records Act but not Open Meetings ActLO94-064
Children's Trust Fund of Texas Council
Expenditures from Children's Trust Fund limited to funds appropriated by legislatureLO96-047
Chiropractic Examiners, Texas Board of
Educational requirements, authority of Board to determine whether license applicant has completed required college courses from a "school other than a chiropractic school"GA-0487
Expired license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial licenseGA-0020
Professional title, Board is authorized to promulgate rule permitting its licensees to use the title "chiropractic physician"JM-1279
School of chiropractic, authority to determine whether bona fide and reputableJM-1148
Coastal Coordination Council
Gubernatorial appointments, necessity of advice and consent of the senateLO95-024
State or district office, whether council member holdsLO95-024
Commerce, Department of
Conflicts of interest, whether employee or officer may have an interest in a nonprofit businessLO93-052
Immunity from personal liability, whether director of statewide certified development corporation created by Department hasLO95-040
Commission on the Arts, Texas
Peer Advisory Review Panel of Commission on the Arts not subject to Open Meetings Act, because members of panel are consultants rather than commission members (Overrules Tex. Att'y Gen. LO-89-001)LO90-033
Comptroller of Public Accounts
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 soldGA-0964
Authority of Comptroller to investigate state agenciesGA-0427
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 GA-0531
Comptroller's authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the Major Events Trust Fund statuteGA-1052
Database of state expenditures, Comptroller must establish and publishGA-0572
Delinquent 9-1-1 emergency service fees, authority to collectJC-0284
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 clerkGA-0028
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 differentialGA-0099
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 regardingGA-0963
Federal Reserve notes constitute eligible collateral for repurchase agreements under chapters 404 and 2256 of the Government CodeGA-0469
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 GA-0777
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 theGA-0931
Motor fuel, under article 8614, section 9(b), Revised Civil Statutes, comptroller may collect fee from distributor of; under section 9(c) comptroller may collect fee only from dealer of motor fuel containing ethanol or methanolJM-1256
Permanent school fund, whether comptroller may contract to pay consideration to person who informs state of its claim to recover property ofDM-0316
Professional Services Procurement Act, Comptroller has principal duty of requiring state agencies to conform toJC-0266
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 districtJC-0002
Recovery of state agency's overpayment of compensation to employeeGA-0171
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 expertiseGA-0401
Refunds, authority to grant requests for fees paid in errorLO98-049
Report on limitation agreements under Tax Code sections 313.008 and 313.032, contents ofGA-0686
Repurchase agreements under chapters 404 and 2256 of the Government Code, Federal Reserve notes eligible collateral forGA-0469
Salary warrants, authority to withhold from state employees who default on guaranteed student loansDM-0419
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 pJC-0305
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 LawJC-0373
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.KP-084
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 collateralGA-0324
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.GA-0987
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 GA-0061
Unclaimed unregistered securities, if the comptroller would be an underwriter by selling at public sale, she must sell consistently with federal lawGA-0309
Consumer Credit Commissioner
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 toJC-0513
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 toJC-0513
Corn Producers Board
Corn ensilage, authority to assessGA-0049
Corrections, Department of
Mineral interest, bill requiring Department to transfer certain tracts of state-owned land to Department of Highways and Public Transportation did not authorize Department to retainJM-1170
Cosmetology Commission
Business that styles hair, applies makeup, and takes portrait for a single fee is subject to Commission's licensing authorityLO92-064
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 qualifiedDM-0499
Independent contractor, whether cosmetologist who rents a booth in a licensed shop as an must be licensed as a beauty shop is a question of fact; Commission may regulate independent contractors differently than beauty shop operators generally if guidelineLO90-087
Public high school cosmetology training programs, authority of Commission to prescribe limitations onLO95-037
Refunds to students withdrawing from schools licensed by Commission, calculation ofLO95-037
Shampoo apprentice permit, Commissioner's implementation of the statute establishing aGA-0168
Counselors, Board of Examiners of Professional
Complaints committee may consult with its attorney in closed meeting in certain circumstancesLO96-116
County and District Retirement System
Distribution of extra interest to annuitants does not violate constitutional prohibition against grants of public fundsDM-0265
Court Reporters Certification Board
Administrative Procedure and Texas Register Act, Board is not subject toDM-0142
Application for certification filed prior to repeal of section 52.021(e) of the Government Code, Board may not continue to considerDM-0058
Complaints against certified shorthand reporters, only Board authorized to file in district courtLO93-110
Complaints against certified shorthand reporters, professional association may file with Board through authorized agentLO93-110
Content and style of complaint form and oath used to file complaint against certified shorthand reporter, Board must determineLO98-075
Contractual arrangement between certified shorthand reporter and company, whether constitutes statutory violation requiring disciplinary action is determination for BoardDM-0102
Court reporting firms, registration of and application of rules toJC-0096
Deposition upon oral examination must be taken by certified shorthand reporter despite rule of civil procedure authorizing another person to takeDM-0308
Deposition, recording of by tape recorder as primary or only method runs afoul of requirement that all depositions be recorded by certified shorthand reporterLO93-110
Specialists in real-time captioning, authority to certifyJC-0573
Criminal Justice, Board of
Construction company in which member of Board has financial interest through providing performance bonds and casualty insurance, Board may not contract withLO97-072
County judge and member of Board are incompatible officesLO95-052
Execution of murderer, Board may adopt rule allowing relatives of victims to attendLO95-059
Prison industries program, federal certification and other requirements do not apply if goods transported only within state (Clarification of Tex. Att'y Gen. Op. No. DM-233 (1993))LO93-071
Criminal Justice, Department of
Confidential information about inmates, Department may not release to Council on Family ViolenceLO95-014
Hazardous materials, inmate who uses is not "employee" for purposes of Texas Hazard Communication ActLO97-066
Interstate Corrections Compact, authority under to contract to incarcerate in Texas inmates sentenced by courts of another stateLO96-151
Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to requireGA-0512
Mandatory tuberculosis screening of employees, Department may adopt a policy ofLO98-047
Pardons and Paroles Division, conditions of parole constitute contract between parolee and Pardons and Paroles DivisionJC-0010
Physician performing medical services under contract with Department entitled to state indemnificationLO92-066
Prison industries program, federal certification and other requirements do not apply if goods transported only within state (Clarification of Tex. Att'y Gen. Op. No. DM-233 (1993))LO93-071
State aid to community supervision and corrections facility, use of to provide services and programs to persons convicted of noncriminal offenseLO98-008
Work Program Plan, inmate participating in may not be placed in facility located more than 100 miles from his or her actual abodeJM-1212
Deaf and Hard of Hearing, Commission for the
Basic telecommunications device, for purposes of voucher program established by statute the Commission has authority to determine what constitutesLO98-043
Contracted evaluators, members of Board for Evaluation of Interpreters may not contract with Commission to serve asJC-0437
Evaluation and certification of interpreters, Commission's authority forJC-0437
Interpreters hired by councils for the deaf, status as employees or independent contractorsLO93-111
Deaf, School for the
Executive director's salary, whether limited to amount appropriated by legislatureLO96-041
Dental Examiners, State Board of
Guidelines issued by American Dental Association, Board's lack of authority to establish expert review panel unaffected by and guidelines have no bearing on conclusion of Attorney General Opinion DM-136LO93-050
HIV- and HBV-infected dental health workers, rules regulating inconsistent with state law and exceed Board's authorityDM-0136
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 ConstitutionGA-0378
Department of Assistive and Rehabilitative Services
Overpayment of compensation to employees, request to comptroller to recoverGA-0171
Developmental Disabilities, Council for
Appropriated funds may not be used to attempt to influence the passage or defeat of legislationJC-0161
Economic Development
Eligible project in an enterprise zone, authority to grant additional and concurrent designation in a single enterprise zone enterprise to a qualified businessJC-0567
Education Agency, Texas
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 aGA-0936
Board of Managers of independent school district, period of appointmentKP-096
Coordinated health program designed to prevent certain diseases in elementary school students, whether Agency may approve more than one set of educational materials to implementGA-0038
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 assignedDM-0065
Development of "assessment instruments" or tests is delegated by legislature to AgencyJC-0478
Driver education and traffic safety course of public school, Agency must supply certificates of completion toDM-0386
Driving safety course with conditional approval, Agency need not finally approveDM-0386
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 § 29.022KP-113
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.KP-144
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).KP-097
Provisional admission to school for children based on immunization status, the Education Agency has no authority to regulateGA-0178
Rule proposed by Board of Education impinging on specifically delegated power of Agency with respect to test development is invalidJC-0478
Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code, a non-attorney may not practice law at aGA-0936
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 suJC-0333
Teachers' Professional Practices Commission, effect of abolition on Code of Ethics and Standard Practices for Texas EducatorsDM-0290
Education, State Board of
Academic excellence indicators, State Board of Education's discretion to add additional indicators revoked by statuteGA-0060
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 stateDM-0424
Attorney fees, authority of Board to pay attorney fees out of recoveries of the corpus of the Permanent School FundGA-0848
Available school fund payments to school districts, authority to enact regulation providing for the deduction of money owed to state schoolsDM-0281
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.GA-0998
Dropout rate, legislature having defined as "including" completion rate, State Board does not have power to define as limited to completion rateGA-0060
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 capitalGA-0871
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 makeGA-0871
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).KP-043
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 annuallyGA-0707
Management fees deducted from mutual funds, whether payable only from appropriated fundsGA-0293
Participates in constitutionally required process for transferring funds from permanent school fund to available school fundGA-0617
Permanent school fund, accounting methodology for calculating market value for distribution to available school fund GA-0516
Permanent school fund, Board has authority to make any kind of prudent investment in managing assets ofDM-0175
Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund GA-0516
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 adoptGA-0554
Sex education curriculum and textbooks, whether Board may adoptDM-0465
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 theGA-0876
Statewide assessment program, Board has authority to create and implement but not to develop "assessment instruments" or testsJC-0478
Textbooks, Board may not adopt rule prescribing general content requirementsDM-0424
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"GA-0456
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.KP-043
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.KP-043
Educator Certification Board
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 CodeGA-0614
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 producedJC-0566
In-house hearings officers with sole duty of hearing contested cases or hearings officers of State Office of Administrative Hearings, Board may use eitherLO97-105
Internet website, Board may not use its website to serve as a portal for distance-learning courses developed and offered by other entitiesJC-0241
Teacher appraisals, whether Board may require school districts to provide appraisals for Board to use in approving educator preparation programs and in certifying teachersGA-0055
Emergency Communications, Advisory Commission on
Regional 9-1-1 service plan, whether emergency communication district may unilaterally withdraw fromDM-0494
Wireless 9-1-1 service fee, distribution to emergency communication district that withdraws from a regional 9-1-1 planDM-0494
Employees Retirement System of Texas
Administrative Procedure Act, if motions adopted by Board of Trustees are subject toLO93-066
Cash assistance benefits, if System determines survivor's claim is valid, then local governmental entity must offer health insurance benefits to survivorLO97-040
Employee service credit, requirement of interest when establishing service credit for a reinstated employeeGA-1004
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 forDM-0184
Investment of funds in equity swap or interest rate swap contract, authority for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0043 (1999))LO94-052
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 employeeGA-0677
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 whiGA-0234
Securities lending program, Employees Retirement System may not operate in-house but may contract with additional custodian to engage inJM-1231
Supplemental optional benefits programs, System's duty to designate and regulate programs and approve particular vendorsDM-0193
Temporary service retirement option for certain state employees whose positions are eliminated because of privatization or other reductions in workforceJC-0027
Workers' compensation benefits and risk management program allocation, retirement system is not subject toGA-0075
Employment Commission
Lien or notice of assessment based on unpaid wages, Commission may not transfer or assign to wage claimant; nor may wage claimant execute onDM-0356
Engineers, Board of Professional
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 entityDM-0161
Examinations administered by Board, duty to accommodate disabilities under Federal Americans with Disabilities ActJC-0050
Licensing and registration requirements of Texas Engineering Practice Act preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualificationsJC-0390
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 residentsJC-0051
Environmental Quality, Texas Commission on
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 withGA-0587
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 CommissionGA-0624
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 authorityGA-0390
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 factsKP-190
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 jurisdictionGA-0762
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 notGA-0970
State remediation standard, where adopted by valid rule for statewide use, application for different standard at a particular site, is arbitrary and capriciousGA-0290
Environmental Technology, Council on
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 memberJC-0484
Ethics Commission
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 CommissJC-0198
Campaign contribution and expenditure reports filed electronically with the Commission, public access toJC-0435
Document establishing a complainantís 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 Commissionís decision not to send a copy of such document to the respondent in a matter regarding a sworn complaint aGA-0863
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 respondentGA-0036
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.KP-152
Government Code subsection 571.140(a) - sworn complaint filed with the Texas Ethics Commission, but which has been dismissed remains confidentialKP-152
Personal information of judges, disclosure of in campaign reports and financial statementsKP-151
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 confidentialGA-0035
Examiners of Psychologists, Board of
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-12JC-0321
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 exemptGA-1025
Family and Protective Services, Department of
Agency rule exempting short-duration programs from child-care facility licensing requirement is invalid as inconsistent with section 42.041, Human Resources CodeGA-0649
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 statuteGA-0814
Child sexual abuse reports, investigation ofGA-0106
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 factGA-0678
Local law enforcement must furnish information about alleged child abuse or neglect by a person responsible for the childís care, custody, or welfare to the Department of Family and Protective ServicesGA-0879
Requirement for evidence-based programs is applicable only to programs of the Department that are ďdesigned to prevent or ameliorate child abuse and neglectĒ rather than to all programs funded by the DepartmentGA-0508
Finance Commission
Executive director of has no statutory powers and Commission may not delegate governmental powers toLO92-070
Qualifications of membersLO92-046
Fire Department Emergency Board
Composition of Board does not violate constitutionLO90-044
Fire Fighters' Pension Commission
Entry into and withdrawal from statewide pension system, regulation applying statutory procedures to volunteer fire department that was not in a pension system prior to joining statewide pension system is validLO96-054
Level of benefits provided to volunteer fire fighters may not be dictated by commissioner to governmental bodiesLO92-011
Withdraw from statewide pension system, volunteer fire department may not without replacement pension planLO96-054
Fire Protection, Commission on
Advisory councils on fire protection exercise substantive rulemaking authority that is more than merely advisoryDM-0430
Advisory councils on fire protection, delegation of rulemaking authority does not violate separation of powersDM-0430
Aircraft crash and rescue personnel employed by Adjutant General are not subject to certification by CommissionLO90-082
Authority to define phrase "duties related to fire suppression" by ruleLO93-113
Certification of employees of fire department of privately developed, unincorporated communityLO90-012
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 scholarshipGA-0296
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 isJC-0067
Training requirements, volunteers who work for volunteer fire department that is not a division of a local government are not subject to regulatory; employees of fire department that is a department of a local government may be subject toJM-1251
Funeral Service Commission
Cemeteries and crematories owners or operators registered with the Commission, authority to regulateJC-0512
Cemeteries' and crematories' owners or operators, authority to register and investigate cemeteries and crematories and to require cemeteries and crematories to submit consumer disclosure documentsJC-0550
Complaint review committee subject to Open Meetings Act when performing its investigation-review function but not when functioning as a participant in informal conferencesLO97-058
Complaints against licensees, files of are generally public records except for information obtained through Commission's investigation of complaintLO94-024
Embalming, authority to preclude embalmer from performing services for funeral home as an independent contractorJC-0059
Embalming, authority to require funeral home to make disclosures regarding location and priceJC-0059
Embalming, authority to require funeral home to obtain written permission to have embalming performed by an independent contractorJC-0059
Provisional licensee, Commission cannot by rule allow a licensed embalmer or funeral director to provide personal supervision to provisional licensee merely by being present on the premisesLO98-042
Reciprocal licensing of funeral directors and embalmers, Commission may not adopt a rule prescribing requirements forLO98-108
Requirement that funeral establishment have embalming preparation room is statutory, and Commission cannot exempt certain establishments by ruleLO98-014
General Land Office
Agricultural land acquired for Superconducting Super Collider project, whether subject to rollback taxDM-0448
Commissioner may not convey submerged lands owned by state in absence of statutory authorityJC-0069
Constitution does not permit School Land Board to transfer funds from permanent school fund to available school fundGA-0617
Delegation of authority, statute authorizing General Land Office to select a tract of state-owned land to place in permanent school fund in exchange for tract to be patented out lacks sufficient standards to be constitutionalJM-1242
Dredging easement from General Land Office, holder of not required to obtain permit from Parks and Wildlife Department for disturbances of marl, sand, gravel, shell, or mudshellJM-1190
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).KP-097
Permanent school fund, acts of Commissioner do not estop state from recovering improperly conveyed lands forJC-0069
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 statuteGA-0407
General Services Commission
Appropriations act rider on purchasing invalid for inconsistency with state purchasing statutesLO96-079
Child care services, authority to lease or construct facilities forJM-1156
Commissioner, person who is a lobbyist may not serve as even if lobbying activities do not relate to CommissionDM-0151
Commissioner, person who is not a lobbyist but is a member of a firm that employs lobbyists may serve asDM-0151
Computer purchases, catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing programDM-0496
Electric services to state buildings, whether Commission may contract with City of Austin forLO95-049
Historically underutilized businesses, Commission may not promulgate rule deeming businesses owned by disabled persons asDM-0328
Prevailing wage rate survey, authority to contract with agencies to conductLO93-092
Purchase of surplus school buses valued in excess of $20,000, two independent school districts may not contract between themselves to purchase buses but must use competitive bidding process through CommissionLO98-063
Reverse auction procedure, Commission may not use to purchase goods and services without specific statutory authorityJC-0316
Telecommunications services, acquisition using catalogue purchase procedureDM-0375
Governor's Office
Texas Crime Stoppers Advisory Council is not an advisory committee subject to automatic abolitionLO98-059
Guaranteed Student Loan Corporation
Nonrenewal of professional license for nonpayment of student loan must be preceded by notice and hearingLO90-105
Health and Human Services Commission
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 Commissionís 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 thusGA-0845
Community health center revolving loan fund, authority to administer in light of later enacted bill abolishing fund as trust fund outside the state treasuryGA-0033
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 TransportationGA-0777
Employee service credit, requirement of interest when establishing service credit for a reinstated employeeGA-1004
Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care modelGA-1089
Medicaid estate recoveries, whether Commission is statutorily authorized to pursueLO95-005
Medicaid womenís health care demonstration project, constitutionality of ban on Commission contracting with an entity that has an affiliate that promotes or performs abortionsGA-0844
Medicaid, Health and Human Services Commission rule for payment of Medicare deductibles and coinsurance for services provided to persons eligible for both Medicare and MedicaidGA-0983
Office for the Prevention of Developmental Disabilities is not subject to the fiscal control and oversight of the Health and Human Services CommissionGA-0447
Reimbursement for behavioral health services under Texas Medicaid Reimbursement MethodologyGA-1089
Health Care Information Council
Data sets containing individually identifiable health information, the Council is not authorized to provide the Texas Department of Health withGA-0083
Hospitals may disclose confidential identifying information about patients to council without patient's written authorizationJC-0508
Public-use and provider-quality data, release of is not subject to fee provisions in chapter 552 of the Government CodeJC-0469
Release of analysis of public use data to legislator, provider must be provided with an opportunity to review and comment beforeJC-0545
Reports, authority to use data other than public use data to prepareJC-0511
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 usJC-0545
Transportation expenses, reimbursement to member limited to "the amount of the central travel office's contracted fares or rates"LO97-110
Health, Board of
Chronically Ill and Disabled Children's Program, Board may not delegate duty to adopt eligibility criteria and system of priorities forJM-1169
Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription ActLO98-110
Medical radiologic technologists, whether Board may implement system of specialty certification forDM-0292
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 infoDM-0201
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 lawJC-0412
Health, Department of
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 ActGA-0212
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 asDM-0153
Autopsies of children conducted pursuant to section 673.002 of the Health and Safety Code relating to SIDS deaths, obligation of commissioner to review and authorize has been superseded by chapter 264 of the Family CodeLO98-122
Boarding homes registered by local mental health and mental retardation authorities, authority of Department to regulateJM-1214
Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Department withGA-0083
Death certificate that lists AIDS or HIV as cause of death, authority of Department to releaseDM-0061
EMS personnel recertification, authority to require examination forDM-0263
Horse slaughter in Texas with meat intended for human consumption, Commissioner of Department may investigateJC-0539
Immunization status, Department has exclusive authority to regulate provisional admission to school for children on based onGA-0178
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 DepartGA-0198
Kinesiotherapists are not subject to registration by Department, but are regulated by Board of Physical Therapy ExaminersLO98-019
Kinesiotherapists, Department may not register (Affirmed by Tex. Att'y Gen. LO-98-019)LO96-103
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 requiringJC-0445
Licensing, testing committees reviewing contents of examinations may not meet in executive session under Open Meetings Act to discuss test questions and answersLO96-058
Massage therapy, discretion to refuse to register applicant admitting to having practiced without registrationLO93-085
Massage therapy, duty to regulate not affected by Advisory Council on Massage Therapy's determination that reflexology is massage therapyLO93-085
Medicaid contracts, whether health care providers must submit statements regarding child supportDM-0379
Medical assistance (medicaid) payment to service provider, Department may allocate all or part to pay provider's child support obligationDM-0477
Microwave ovens used in commercial food vending service, authority of Department to inspect and regulateLO95-045
Mortgage insurance on new or rehabilitated hospital or long-term care facility, Department may conduct or commission study necessary for Secretary of Housing and Urban Development to issueLO97-035
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 infoDM-0201
On-site sewage disposal systems, registration of installers of by Department and authorized agents of the stateJM-1278
Personal-care institution, residential facility must be licensed by Department if it provides, in cooperation with a licensed home-health agency, certain health or personal-care servicesLO90-085
Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority ofDM-0085
Private psychiatric hospitals offering chemical dependency treatment, transfer of licensing authority from Department of Mental Health and Mental Retardation to Department of HealthLO94-032
Properly promulgated agency rule has force of law and binds other state entitiesJC-0003
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 grantDM-0039
Radiologic technologists, authority of Board of Health to adopt rules establishing class of certification for students to permit them to perform dangerous and hazardous proceduresLO96-125
Radiologic technologists, authority of Board of Health to adopt rules regarding certification, registration, and exemptionsLO96-077
Radiologic technologists, authority of Department to discipline persons who are not certified asLO96-077
Separate licensing of hospital facility at separate location, Department's rule-making authority regardingDM-0369
Solid waste disposal fees, calculation ofDM-0052
Special hospitals are not authorized to provide surgical and obstetrical careLO96-071
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 aGA-0019
Hearing Instruments, State Committee of Examiners in the Fitting and Dispensing of
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 CodeGA-0921
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 BoardDM-0050
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 aGA-0921
Fitting and dispensing of hearing instruments by nonindividual persons such as corporations or partnerships, Committee's rulemaking authority to establish criteria forLO95-009
Hearing aid company, member of Board may not be employed byDM-0018
Higher Education Coordinating Board
Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating BoardGA-0144
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 forgivenKP-053
Competitive academic scholarship, Board's criteria for may not exceed or be inconsistent with statute (Affirmed by Tex. Att'y Gen. LO-94-035)DM-0249
Complaints about postsecondary educational institutions, the Board has authority to promulgate procedures for handlingGA-0902
Complaints about religious institutionsí secular programs of study, the Board may handleGA-0902
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 theGA-0975
Hazlewood Act tuition exemption, Texas Higher Education Coordinating Board has authority to determine whether to promulgate certain rules relating to exemptionGA-0969
Opinion Withdrawn 1/14/2008 - Superseded by statute, Tex. Educ. Code Ann. § 54.203GA-0445
Regulating religious institutionsí 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 institutionsí secular programs of studyGA-0902
Religious postsecondary educational institution, Board's regulation of pursuant to statute does not violate individual's right to free exercise of religionJC-0200
Scholarship, whether it meets criteria for a "competitive academic scholarship" is determination made in first instance by BoardLO94-035
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 GA-0655
TASP testing, authority of Board to require as condition of degree from proprietary schoolDM-0481
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 thatGA-0969
Training requirements for trustees of junior college, Board may not mandateDM-0020
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 educationGA-0395
Vacancies on the Board, the Governor may fill as provided by lawGA-0829
Highways and Public Transportation, Department of
Mineral interest, bill requiring Department of Corrections to transfer certain tracts of state-owned land to Department required transfer of estate in fee simpleJM-1170
Historical Commission
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 yearGA-1045
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 yearGA-1045
Historic Courthouse Preservation Program, Commission administersJC-0578
Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Commission isJC-0465
Legislature, eligibility of Commission member to serve as legislatorLO95-050
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 yearGA-1045
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 taxGA-1045
Real property subject to Antiquities Code, whether planned unit developments, taxing districts, and municipal utility districts are political subdivisionsLO94-076
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 appealGA-1045
Travel reimbursement for members of CommissionLO95-084
Housing Agency, Texas
Foreclosed properties held by or for Agency exempt from state and local taxationJM-1198
Foreclosed properties held by or for Agency, Agency not liable for accrued taxes onJM-1198
Foreclosed properties, Agency may hold title to in its own name or in name of agent acting for itJM-1198
Housing and Community Affairs, Department of
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-asideGA-1060
Board of directors, eligibility of city employee to serve as public memberLO96-043
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 determinationGA-1060
Low-income housing tax credits, validity of rules establishing plan for allocatingGA-0208
Low-income housing tax credits, validity of rules establishing plan for allocatingGA-0497
Qualified allocation plan for allocating low-income housing tax credits, validity ofGA-0208
Qualified allocation plan for allocating low-income housing tax credits, validity ofGA-0497
Qualified allocation plan for allocating low-income housing tax credits, validity ofGA-1009
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 truGA-0343
Standard of procedure must be adopted in accordance with Administrative Procedure Act if it is a rule as defined by section 9(d) of Manufactured Housing Act or section 2001.003(6) of the Government CodeLO98-092
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 anGA-0343
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 permiGA-0343
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 housingGA-1060
Unlicensed real estate brokers, amendment to Manufactured Housing Standards Act does not give Department regulatory authority overJC-0272
Housing and Community Affairs, Manufactured Housing Division
Manufactured homes, perfection of tax liens by filing notice with the Manufactured Housing Division of the Texas Department of Housing and Community AffairsGA-0443
Human Rights, Commission on
Equal opportunity training by Commission, validity of rider mandating for certain state agencies and institutions of higher educationDM-0497
Review of appellate court employment policies of by Commission for compliance with Texas Human Rights Act, separation of powers provision is not violated byJC-0563
Human Services, Department of
Attorney's fees, the State Office of Administrative Hearings has no authority to require Department to pay in action to revoke nursing home's licenseJC-0495
Counseling services, Department may not prohibit employees from conducting on their own time absent showing of adverse effect on DepartmentLO90-043
Medicaid benefits, Department has statutory authority to extend to children between ages four and six to comply with new federal lawJM-1174
Personal-care facility, Board may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing ActJC-0072
Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department to delete certain information fromDM-0040
Industrial Accident Board
Attorney's fees in workers' compensation cases, rule limiting to certain percentage of claimant's recovery is unreasonable as a matter of lawJM-1147
Evidence of representation and disbursement of attorney's fees, Board may require in workers' compensation casesJM-1147
Long-standing construction of its statute by agency given deference by courtsDM-0189
Information Resources, Department of
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 governmentGA-0679
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 ActGA-0266
Insurance, Department of
Criminal history record information subject to a nondisclosure order, authority to accessGA-0680
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 languageKP-115
Federal preemption of certain Department bulletins regarding health reimbursement arrangementsKP-179
Texas coast, Department may disclose identities of companies writing commercial insurance policies alongGA-0495
Insurance, Department of, Workers' Compensation Division
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 CodeGA-0399
Insurance, State Board of
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 balanceGA-0040
Corporate surety, Insurance Code governs use of assumed nameGA-0135
Experience ratings, effect of 1991 amendments to Insurance Code on Board's authority to use in rating insurersDM-0033
Former general counsel, whether he may appear before Department on his own behalfLO95-079
Moratorium issued by the Commissioner of Insurance, reciprocal exchange insurers are exempt from article 21.49-2C of Insurance Code and therefore not subject toGA-0045
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 immunizationsGA-0047
Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority to examineJC-0559
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 reviJC-0502
Pro se appearance of former general counsel before DepartmentLO95-079
Referral program in which enrollees receive the services of single health-care service providers at a discount in exchange for a fee, Board may not regulate as a health-maintenance organizationJM-1167
Terms "reside" and "resident," authority of Board or guaranty association to define; terms do not necessarily require United States citizenshipJM-1223
Texas Automobile Insurance Plan, Board has ultimate rule-making authority overDM-0135
Viatical settlements, constitutionality of statute authorizing Department to regulateDM-0314
Interagency Council on Early Childhood Intervention
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 fedJC-0561
Interagency Council on Pharmaceuticals Bulk Purchasing
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 aGA-0019
Jail Standards, Commission on
All county facilities used for confinement of county prisoners are subject to jurisdiction of CommissionDM-0024
Alternative incarceration facilities, subject only to regulation of Commission which may promulgate minimum standards forDM-0119
Commissary proceeds, authority to regulate expenditure ofLO96-032
Fire sprinkler heads, Commission may examine jail construction documents as well as existing jail facilities to determine where to placeJC-0429
Inspection of county jails, frequencyLO96-046
Penal or correctional institution housing only federal prisoners, Commission lacks authority to regulate or inspect (Withdrawn by Tex. Att'y Gen. LO-96-151)DM-0404
Private detention facility, sheriff's only duty regarding is to conduct monitoringDM-0086
Private entity, municipal jail operated by must comply with minimum jail standards adopted by CommissionJM-1260
Private facilities used to incarcerate inmates, authority to regulateLO96-151
Single cell and dormitory requirements for county jails, Commission has authority to establish reasonable standards for design of ancillary facilities which depart fromDM-0024
Telephone services for inmates, Commission does not have authority to include as part of jail commissary servicesLO96-032
Tuberculosis testing of county-jail inmates, Commission may requireLO90-084
Judicial Conduct, Commission on
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 GA-0651
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.KP-027
Municipal judge, whether Canons of Judicial Conduct prohibit from concurrent service as county commissioner is a question for the State Commission on Judicial ConductGA-0348
Municipal judges, authority to investigate possible misconduct ofGA-0199
Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commissionís authority toGA-0979
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 suspensionGA-0211
Land Surveying, Board of Professional
"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 requirementsGA-0239
Activities in measuring land are not "surveying" within enabling act, no authority to regulate persons whoseJC-0475
Professional Services Procurement Act compliance standards, scope of Board rule prohibiting land surveyor from submitting competitive bid to a governmental entityJC-0374
Law Enforcement Management Institute
Costs for training programs are to be paid from Law Enforcement Management Institute FundLO90-101
Law Enforcement Officer Standards and Education, Commission on
Commission on Law Enforcement Standards and Education, phrase refers to Commission on Law Enforcement Officer Standards and EducationGA-0027
Constable, whether required to meet licensing standardsJM-1149
Constitutional law enforcement officer licenses, authority of Commission to revokeDM-0323
Contract with private fund-raiser to solicit contributions to peace officers' memorial, authority to enter, pay feeLO96-038
Curriculum and achievement and proficiency certificates, construction of provisions on commissioners' authority regardingLO90-019
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)DM-0210
Gifts of real property, Commission has no authority to acceptLO90-041
Jailers employed by private vendor under contract with county, Commission may establish standards forJM-1152
Licensure and other requirements applicable to peace officers and public security officers, authority of Commission to adoptLO94-015
Open-enrollment charter schools are not authorized in that capacity to operate a commissioned police force GA-0532
Peace Officers' Memorial Advisory Committee to Commission, appointed members of continue to serve after end of term until replaced or reappointedLO95-039
Proposed rule to discipline chief administrators of agencies where statute imposes no duty on administrators, Commission may not implementLO96-070
Public security officer employed by board of harbor and port facility is an armed security officer that may be licensed byJM-1139
United States citizenship may not be made requirement for applicant for peace officer, reserve, or jailer licenseDM-0105
Law Examiners, Board of
Probationary law license, whether Board may refuse to recommend issuance of to chemically dependent personLO96-088
Library and Archives Commission, State
Administrative rule may not be inconsistent with the expression of the lawmakersí intent in statutes other than those under which the regulations are issuedGA-0727
Bogus documents, whether Commission may promulgate rules authorizing district and county clerks to destroyLO97-014
Memorandum of understanding or other documentation of transfer of gubernatorial records to alternative depository, Commission is necessary party toJC-0498
Open Meetings Act, Texas State Library and Archives Commissionís rule requiring a state agency to create and maintain written minutes of the agencyís open meetings is invalid under theGA-0727
Licensing and Regulation, Department of
Administrative penalties for violation of Staff Leasing Services Act, commissioner authorized to assessLO96-143
Advisory committee may not be set up by Department without statutory authority (Modified by Tex. Att'y Gen. Op. No. JC-0189 (2000))LO98-009
Agreement between retailer and purchaser of manufactured home choosing binding arbitration in lieu of judicial forum to resolve claims, validity ofLO94-089
Air conditioning and refrigeration contractor licensed by Department, city may not impose local licensing taxes, occupation taxes, or bond requirements onJM-1195
Auctioneer education and recovery fund, disposition of interest onLO92-069
Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave GA-0432
Boxing and Wrestling Act, Department of Licensing and Regulation has duty to enforceLO90-046
Boxing match, whether authorized to collect from promoter gross receipt tax on proceeds from sale of right to televiseLO93-067
Elevator, escalator, and related equipment in commercial establishment, Department may adopt standards regulating (Modified by Tex. Att'y Gen. LO-96-045)LO94-096
Elevators in industrial facilities, private homes, and residential facilities inhabited by members of religious orders, Department's authority to regulateLO96-045
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 CodeJC-0510
Gasoline pump credit-card readers, department has discretion to defer enforcement of general reach-range requirements againstLO98-078
HIV testing for professional boxers, Department may not by rule requireJC-0201
Management search consultants exempt from registration and bonding by DepartmentDM-0036
Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of DepartmentDM-0036
Management search consultants, regulation ofLO98-065
Martial arts events in which contestants exchange blows with hands, arms, feet, or legs, Department has authority to regulateLO96-040
Owner or manager of barber or cosmetology shop or school must provide for sterilization of instruments by means of an autoclaveGA-0432
Persons exempted from licensing as air conditioning and refrigeration contractors, Department does not have authority to promulgate rules adding new exceptions permitting such persons to purchase refrigerant products (Withdrawn by Letter 6/10/98)LO98-010
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 LawJC-0303
Residential appliance installer, authority to work on poolsGA-0825
Rule requiring water well to be located minimum distance from property line within scope of Department's rule-making authorityJC-0090
Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the DepartmentJC-0322
Texas Electrical Safety and Licensing Act, section 1305.003(14) employs terms that are ambiguous and vague and therefore it is impossible to applyGA-0292
Lottery Commission
"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 CommissionKP-107
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 licenseKP-107
Americans with Disabilities Act, court would probably find that state agency violated if it denied Texas residents meaningful access to state servicesGA-0579
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 factsKP-107
Authority of Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final Orders of the Commission, when void Transfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder GA-0505
Authority to issue group license to manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipmentGA-0458
Authority to reopen order granting transfer of commercial lessor licenseKP-202
Bingo licensee's nonforfeitable, written promise to pay taxes and prize fees, Commission may not accept as securityLO93-117
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 offensesGA-1065
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 CodeGA-0410
Commission's change in historical practice regarding transfer of commercial lessor license is likely a "rule" within Administrative Procedure ActKP-202
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 eventsGA-0647
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 licenseKP-107
Electronically readable information encoded on the magnetic stripe of a driverís 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 useGA-0675
Events where alcoholic beverages are sold for on-premises consumption, if promotional activities for the state lottery do not involve sale of lottery tickets they are permitted atLO98-089
Gambling, Commission has statutory and rulemaking authority to consider the conduct or activities of an applicant or licensee with respect toDM-0466
Historically underutilized business participation goal, Commission may count a lottery vendor's contracts with a broker or "pass-through" entity towardJC-0315
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 CodeKP-107
Price fixing, validity of contractual provision between a manufacturer and a distributor agreeing to the price the distributor will sell bingo equipmentJC-0296
Prizes, Commission may not prioritize deductions from prizes contrary to statuteLO98-126
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 forGA-0950
Raffle-style game, Commission may not operate GA-0592
Renew license to conduct bingo games or to sell lottery tickets, commission may not if application not timely submittedJC-0064
Rules on "graphic and dynamic" video confirmation device for event ticket gameGA-0591
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 gamblingKP-107
Sell promotional goods, the Commission lacks statutory authority toGA-0323
Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners fromDM-0408
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 winnerGA-1074
Video poker during bingo occasion, Commission's authority to disapprove software on electronic bingo card-minding device allowing player to playJC-0449
Low-Level Radioactive Waste Disposal Authority
Acquisition or conveyance of state land, exchange of state land for private land, permissible only if authorized by legislatureLO96-106
Fees established by Authority to reimburse general revenue fund for pre-operation expenses must be sufficient to repay interest on funds received from general revenueDM-0198
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 forDM-0101
Medical Examiners, State Board of
Agency records, member of Board has inherent right of access to and majority of Board may not restrict a member's access toLO93-069
Annual registration fees must be deposited in state treasuryJM-1230
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 exGA-0285
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 ActJC-0280
Hyperbaric oxygen therapy, Board has authority to determine whether constitutes practice of medicine and to regulate performanceDM-0423
Investigators for the Texas Medical Board who are not commissioned peace officers may carry a licensed concealed handgun while on dutyGA-1008
Medical license examination, applicants must complete within a mandatory time periodGA-0285
Medical licensure by reciprocity, authority to adopt examination ruleLO98-025
Needle electromyography, authority of Board and Board of Physical Therapy Examiners to regulateDM-0443
Nonprofit health organizations, whether foreign nonprofit corporations may be certified asJC-0304
Physician advertising, authority of Board to prohibit use of testimonials inJC-0342
State Funds Reform Act not applicable to fees collected by BoardJM-1230
Subspecialty, Board may deny license to practice medicine to applicant who received training at international institution accredited in specialty but not in particular subspecialtyGA-0050
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 resourcesGA-0544
Mental Health and Mental Retardation, Department of
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 iJC-0461
Architectural improvements to private homes, Department may not use funds other than those appropriated to makeDM-0015
At will employees, whether employees of Department areLO95-063
Contract for provision of community-based services to mentally disabled person, authority of Department to enter into with person's parents, sufficiency of considerationJM-1216
Effect of conflict of interest statutes on Interagency Council on ICF-MR FacilitiesLO90-069
Employees of Department who may be removed for good cause have property interest in employmentLO95-063
Federal Brady Handgun Violence Prevention Act does not require or authorize Department to disclose otherwise confidential records to law enforcement officers performing background checksDM-0353
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 ofDM-0046
Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority ofDM-0085
Private psychiatric hospitals offering chemical dependency treatment, transfer of licensing authority from Department of Mental Health and Mental Retardation to Department of HealthLO94-032
Purchase or lease of property to be used in connection with community-based mental health or mental retardation services, Department must accomplish through State Purchasing and General Services CommissionJM-1252
Military Facilities Commission, Texas
Article XVI, sections 30 and 30a of the Texas Constitution, civilian appointees to Commission are subject toGA-0021
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 toGA-0021
Construction, repair, and maintenance of state-owned facilities located on property of Commission, Commission has exclusive authority for theGA-0200
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 GA-0200
Lump sum payment for accumulated sick leave to an individual whose employment has been terminated, Texas Military Facilities Commission is not authorized to makeGA-0201
Motor Vehicles, Department of
Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation"GA-0776
Final orders in contested cases, authority of Board and director of Motor Vehicle Division to issue Delegation of final order authority to the director of the Motor Vehicle Division, Board has no implied authority to do so Conflict of interest provisions, application to Board members must be determined on a case-by-case basisGA-0820
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 GA-0761
Section 1001.013, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant toKP-129
Section 502.044, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant toKP-129
Transportation Code chapters 502 and 520 - Department of Motor Vehicles and county assessor-collectors provide various motor vehicle registration services pursuant toKP-129
Municipal Retirement System
Base updated service credit, System must calculate using number of months of credited serviceLO96-121
City's errors in reporting members' contributions or enrollment dates, four-year time limit on correctingJC-0066
National Guard, Texas
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 rangeDM-0148
Federal Hazard Communication Standard, Texas National Guard not an employer but required to comply withLO98-038
Hazard Communication Act, Texas National Guard not subject toLO98-038
Occupational Safety and Health Act, Texas National Guard not an employer underLO98-038
Natural Resource Conservation Commission
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 locationJC-0493
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 lawJC-0515
Concentrated animal feeding operation, regulation ofLO97-085
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 CodeJC-0468
Navigation district, procedure for dissolution ofLO96-006
On-site sewage facilities, authority of Commission to regulateDM-0343
Onsite sewage facilities, Commission's authority to require owners to have ongoing maintenance contractsJC-0440
Pollution-control property tax exemption, Commission's duty to limit exemption to that portion of property that controls pollutionJC-0372
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 provisionsDM-0474
Site evaluators for on-site sewage disposal facilities, Commission has no express or implied statutory authority to issue rules regulatingJC-0020
Tire recycling facility, Commission may award grant even though constructed prior to effective date of authorizing legislationLO96-089
Nurse Examiners, Board of Vocational
Administering dangerous drugs, the Board of Nurse Examiners may not permit registered nurses to administer a dangerous drug on the order of a therapeutic optometristGA-0236
Advertising for newsletter, Board did not have authority to contract with private vendor to solicitLO93-004
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 BoardJC-0117
Records of written complaint, Board may not expunge, except with permission of State LibrarianLO90-102
Nursing Home Administrators, Board of Licensure for
Continuing education courses conducted by outside sources, Board may not impose fee forDM-0219
Majority of Board is two-thirds of Board membersDM-0160
Quorum, ex officio Board members are not counted in determiningDM-0160
Occupational Therapy Examiners, Board of
Per diem compensation and reimbursement for travel expensesLO97-045
On-Site Wastewater Treatment Research Council
Administrative support for the performance of council duties may be obtained only from the Department of HealthDM-0001
Optometry Board
Cocaine eye drops, Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstancesDM-0416
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))DM-0425
Pardons and Paroles, Board of
Effective date of 1993 enactment authorizing Board to grant parole to person convicted of capital felony only on two-thirds voteLO94-054
Hazardous duty pay, employees whose positions were reclassified in order to allow them to collect must serve one year before collectingLO90-007
Innocence, rule stating requirements to apply for Board recommendation of pardon based on Board's authority to waive such requirementsGA-0240
Posthumous pardon, the Board is constitutionally authorized to recommend that the Governor grant aGA-0754
Practice of law, whether person who creates parole kit for use in proceedings before Board engages inLO97-104
Parks and Wildlife Department
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 interestGA-0182
Division of authority between Department and a water district to regulate fishing, guides, and tournamentsLO98-064
Dredging easement from General Land Office, holder of not required to obtain permit from Department for disturbances of marl, sand, gravel, shell, or mudshellJM-1190
Effective date of amendments by Parks and Wildlife Commission to title 31, chapter 65, subchapter T of the Administrative CodeLO98-056
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 11.030GA-0184
Peace officer retired from Department's law enforcement program is exempt from statutory reactivation and continuing-education requirements otherwise applicable to peace officersJC-0548
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 TexasGA-0654
Replacement title for motor boat, authority of Department to issueJM-1219
Pharmacy, State Board of
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 establisJC-0341
Member of Board not eligible for reappointment after serving two full termsJM-1233
Revenues other than fines, for consolidation purposes they constitute "funds outside the state treasury"LO93-026
Physical and Occupational Therapy Examiners, Executive Council
Per diem compensation and reimbursement for travel expensesLO97-045
Physical Therapy Examiners, Board of
Examination fee, applicant for physical therapist license or physical therapist assistant license must be submitted to Board with license applicationJC-0344
Needle electromyography, authority of Board and State Board of Medical Examiners to regulateDM-0443
Office of emolument, member of Board holds and may not simultaneously serve as county clerkLO98-055
Per diem compensation and reimbursement for travel expensesLO97-045
Regulation of kinesiotherapy in Texas by Board not pre-empted by federal law, and kinesiotherapists not subject to registration by Department of HealthLO98-019
Social security numbers of its licensees or applicants, the Board of Physical Therapy Examiners may not provide to a national organization of licensing authoritiesGA-0914
Trade association, individual is officer of and ineligible to serve on Board if individual holds position listed as an office in trade association's bylaws or is member of trade association's boardLO98-054
Trigger point dry needling, the Board is likely authorized to conclude that the scope of practice of physical therapy includesKP-082
Plumbing Examiners, State Board of
Class C misdemeanor, application of penalty where amendments to Plumbing License Law not correctly codified in Vernon's Texas Civil StatutesLO96-112
Licensed plumbing inspector for political subdivision must be employee of political subdivision, not independent contractorJC-0382
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 StatutesJC-0012
Unlicensed school district personnel may not install new plumbing that is not incidental to maintenance workLO90-100
Podiatric Medical Examiners, State Board of
Hyperbaric oxygen therapy, whether constitutes practice of podiatry subject to determination by BoardDM-0423
Inspections, Board is not authorized to conduct warrantless, on-site compliance inspectionsJC-0274
Regulation defining foot to include tibia and fibula is inconsistent with statutory definition of podiatry and was beyond Board's authority to adoptJC-0441
Polygraph Examiners Board
Continuing education requirements during work time, Board may allow employees to maintain peace-officer licenses by meeting and by paying attendant travel expensesLO90-086
Former member prohibited from appearing before Board to sponsor intern before second anniversary of departureDM-0223
Search without a warrant of polygraph examiner's commercial premises by Board is unconstitutional where inspection is not in response to formal complaintJC-0204
Prevention of Developmental Disabilities, Office for the
Fiscal control and oversight of the Health and Human Services Commission, the Office is not subject toGA-0447
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 appropriationGA-0447
Solicit funds such as private grants, the Office is authorized toGA-0447
Private Investigators and Private Security Agencies, Board of
Comprehensive complaint investigations, whether company offering must be licensed by BoardLO98-005
Disciplinary proceedings against licensee indicted but not convicted of felony, Board may not bringDM-0068
Licensure exemption for peace officer directly employed by recipient of security servicesDM-0287
Political subdivision not "person" subject to licensing by BoardJC-0114
Rules prohibiting specific criminal conduct, Board may (after notice and hearing) revoke or suspend license, registration, or commission on proof of licensee's violation ofDM-0068
Private Security Board
Locksmiths, licensed by board Repossession agents, exemption under Private Security ActGA-0800
Newly registered alarm installers, authority of Board to adopt rules concerning activities ofGA-0409
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 BoardGA-0435
Private Security, Texas Commission on
Authority to regulate uniformed motorcycle escort services that perform traffic control and traffic safety functions, Commission does not haveGA-0008
License and registration requirements of chapter 1702 do not apply to commissioned peace officers who receive compensation for off-duty employment as security officersGA-0256
Professional Engineers, Board of Registration 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 designationGA-0955
Engineering document is valid if properly sealed although the business entity that employs the issuing engineer has not registered with the BoardGA-0274
Federal employees not required to register, fee increase does not impactLO96-039
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 beGA-0955
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 forGA-0287
Use of the title of "engineer," Board is authorized to regulate and restrictJC-0525
Property Tax Board
Abolition and transfer of authority to comptroller's officeJC-0002
Construction of agricultural use statutes entitled to consideration only to extent reasonable and consistent with statuteDM-0448
Protective and Family Services, Department of
Burial expenses of child, whether Department, as permanent managing conservator, is responsible forLO96-037
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 counselorDM-0476
Child-care facility, Department may rescind license to operate of person convicted of criminal offenseJC-0130
Fees of attorney ad litem appointed for a parent under Family Code section 107.013, court may not order Department to payGA-0142
Psychologists, Board of Examiners of
Board of Examiners of Psychologists rule must not be inconsistent with relevant statuteKP-198
Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to Board's jurisdiction once he or she becomes licensed or certified as psychologistJM-1247
Internet ordination, Board may consider as factor in determining claim of ministerial exemption but may not conclusively presume bad faith on sole basis ofJC-0535
Licensed Specialist in School Psychology, authority to use "Nationally Certified School Psychologist" as a professional descriptorGA-0897
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 441GA-1088
Patient records, validity of rule of Board excluding testing materials from statute governing confidentiality and access toLO97-073
Psychological Associate Advisory Committee, duties of and relation to BoardLO96-050
Psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation, authority of Board to enjoin unlicensed practice ofDM-0321
Rule limiting psychologist's disclosure of subpoenaed patient records is invalid to the extent inconsistent with statuteLO96-102
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 recordsGA-1088
Submission of bill to third-party payer by licensed psychologist for test conducted by superviseeKP-198
Unlicensed psychological extenders, Board may not authorize the use of, licensees may not useLO96-147
Public Accountancy, State Board of
Certified Public Accountant, individual whose license has been expired for two years or more must obtain a new license but not a new certificateGA-0159
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 CodeDM-0457
License holder exemption from professional fees, employee of Brazos River Authority is eligible forGA-0811
Public Finance Authority
Appropriations act rider authorizing authority to issue revenue bonds to finance construction of state office building in Nueces County, validity ofLO93-013
Park development bonds may be issued by Public Finance Authority as the Legislature-appointed successor to Parks and Wildlife Department in accordance with article III, section 49-e of the Texas ConstitutionLO92-027
Pricing committee appointed by the Authority board of directors is a governmental body subject to the Open Meetings ActJC-0053
Rider to General Appropriations Act may authorize Texas Public Finance Authority to issue bonds to finance construction of state office buildingLO92-013
Texas State Technical College SystemJC-0523
Public Safety, Department of
Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting licensee from dispensing unless licensee has registered with the DepartmentGA-0547
Department may issue enhanced driver's license issued under section 521.032 of the Transportation Code that conforms to section 7209(b) of Public Law 108-458GA-0598
Department no required to accept municipal court convictions of juveniles for misdemeanor offense of possession of drug paraphernaliaKP-150
Dirt bikes, Department does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikesJC-0416
Dormitory or hotel, Department may not conclusively presume resident of is not Texas domiciliaryJC-0520
Driver training course taught by parent or legal guardian to minor, authority of Department to make rules for curriculumDM-0400
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 courtGA-0479
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 jurisdictionGA-0479
Driverís 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 programGA-0917
Employee may use sick leave to accompany adult daughter to obtain medical treatmentLO90-092
Free speech, whether Department must permit religious groups to distribute literature and solicit contributions on state propertyDM-0064
Identifying markings on certain vehicles, Department may adopt rule concerning only if rule prescribes additional requirements regarding form of markingsLO98-127
Impoundment of out-of-state motor vehicles involved in accidents, procedures Department must followDM-0261
Oath of office, whether DPS commissioned peace officer is public officer required to takeGA-0365
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 attorneyGA-0275
Records relating to juvenile offenses committed prior to 1973, whether Department may maintain and whether it must seal or destroyLO93-076
Salvage motor vehicle seizure provision, application to persons other than salvage vehicle dealersLO97-114
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 TransportationGA-0022
Sex offender registration statute; registration based on out-of-state offenseGA-0454
Social security card, authority to require driver's license applicants to presentLO93-032
Social security number, Department may require license applicant who does not possess social security number to provide letter from Social Security Administration indicating ineligibility forJC-0409
Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent toJC-0021
Public Utility Commission
Assessment on public utilities, Commission has no authority to adjust rateDM-0141
Federal grant funds, authority of to apply for, receive, and expendDM-0288
Gross receipts assessment imposed by Public Utility Regulatory Act reaches all public utilities subject to jurisdiction of the CommissionJM-1280
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)GA-0010
Post-employment restrictions applicable to employee of CommissionDM-0209
Restructured wholesale electricity market within Electric Reliability Council of Texas, request for information concerning under Public Information ActJC-0560
Sunset Act does not limit legislative authority to study and make recommendations about Commission by means of interim committeesLO94-002
Telecommunications market competition report, whether Open Records Act prevents Commission from providing to legislature and publicLO95-043
Purchasing and General Services Commission
Mental Health/Mental Retardation, Department of must accomplish purchase or lease of property to be used for community-based mental health or mental retardation services through CommissionJM-1252
Purchasing from People with Disabilities, Council on
Computer set-asides, catalogue purchasing procedures prevail over council's mandatory purchasing program with respect to state agency purchasesDM-0496
Council must account on annual basis for all funds received and disbursed, from whatever source derivedJC-0030
Racing Commission
Background investigation not required of persons whose licenses are reinstatedLO92-001
Bankruptcy proceeding, Commission may revoke racetrack license if licensee has been subject toLO92-078
Corporate racetrack owner, Commission may reinstate license if new owner of corporation was not associated with corporation that formerly owned racetrackLO92-078
Cross-simulcasting, Commission may not promulgate rule authorizing wagers onLO96-036
Nonpari-mutuel racetracks may not be regulated byJM-1134
Reinstatement of racetrack license, duty to investigate individual who requests and who has not been subject to prior investigation (Clarifies and Modifies Tex. Att'y Gen. LO-92-078 & LO-92-001)LO93-029
Reinstatement provisions are applicable to persons whose licenses were both expressly and constructively revokedLO92-001
Rules proposed by Texas Greyhound Association for use of breakage allocated to it are subject to approval by CommissionDM-0211
Simulcast races, Commission may approve application for wagering on although racetrack facility incomplete or has not yet conducted live racesLO96-137
Simulcasting, Commission may promulgate rule authorizing at a class 3 or 4 racetrack on dates unconnected with livestock show, exhibition, or fairLO96-036
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 CommissionGA-0286
Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art 179e.GA-0867
Workers' compensation for racetrack employees, authority of Commission to adopt rules requiring racetracks to provideLO93-020
Railroad Commission
Fuels, including natural gas, used to generate electricity in deregulated industry, Commission not charged with initiating program to keep costs lowJC-0408
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 113.065KP-086
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.KP-086
Notice for well-plugging, filing fees payable by Commission when filingDM-0360
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 sitesGA-0294
Pit, Commission may define "unacceptable unsafe location" to include inactive pit with edge located beyond 200 feet from public roadway intersectionJC-0164
Plats of oil well locations filed pursuant to commission rule need not be prepared by registered professional surveyorJC-0475
Recusal, rule requiring written explanation of recusal exceeds Commission's authorityJC-0418
Refunds, authority to grant requests for fees paid in errorLO98-049
Regulation of intrastate ground transportation of packages by carriers that operate integrated air-ground delivery services, federal law preemptsLO93-112
Single commission member lacks authority to terminate or hire executive director without deliberation and decision from entire commission at properly called meetingKP-205
Standards of conduct, rule prescribing standards of conduct exceeds Commission's authorityJC-0418
Real Estate Commission
Acts listed under section 9A of article 6573a, Revised Civil Statutes, Real Estate License Act, employees of registered corporation or business entity who act as agents in third party transactions may not lawfully perform unless licensed, exempt, or regisLO98-119
Advisory board permitted to meet by telephone conference call under the Open Meetings Act, whether the Real Estate Inspector Committee constitutesGA-0379
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 GA-0282
Audits of continuing education courses, Commission may adopt rule permitting it to conduct unannouncedJM-1236
Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or sellerGA-0748
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 instanceGA-0748
Employees of corporations and other business entities who act to acquire or dispose of property on behalf of their employer, licensing and registration requirements of Real Estate License Act do not apply toLO98-119
Liability insurance that real estate inspectors are required to carryGA-0581
Renewal of license, whether Commission may refuse by virtue of licensee's failure to disclose social security numberDM-0286
Residential service contracts governed by article 6573b, Revised Civil Statutes, person offering must be licensed with the CommissionJC-0322
Rehabilitation Commission
Overpayment of compensation to employees, request to comptroller to recoverGA-0171
Residential Construction Commission
Authority of Comptroller to investigate state agenciesGA-0427
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 seekGA-0233
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 inGA-0233
Risk Management, State Office of
Employees and Teacher Retirement System may not be allocated share of costs of workers' compensation benefits and risk management programGA-0075
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 itselfGA-1061
Savings and Loan Associations
Finance Commission executive director, service of Department Commissioner as is not dual office holdingLO92-070
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 appealGA-0167
School Safety Center, Texas
Advice to the Center, including advice concerning the organization and design of the Center; the Board of Directors may offer GA-0767
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 GA-0767
Approving budgets for only those programs that are in furtherance of the Centerís powers expressly conferred by the Legislature or reasonably necessary to carry out its responsibilities, the Board of Directors is limited toGA-0767
Secretary of State
Advisory opinion regarding the counting of irregularly marked ballots, authority to issueLO94-075
Anti-bribery statement signed by public officers before taking oath of office, state-level officers file with secretary of stateJC-0575
Commissioned as a notary public by the Secretary of State, Government Code section 406.004 precludes an applicant with a conviction of a felony or a crime involving moral turpitude from being GA-0733
Health spa, filing of security bond withDM-0157
Implement rules for disposition of a notaryís book and seal, secretary of state is required toGA-0723
Local option electionsGA-0783
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 initiateGA-0733
Secretary of State's authority to enforce notary public's duty to provide copies of entries in the notary public record book upon proper requestGA-1095
State funds provided to county registrars, Secretary of State has authority to adopt rules restricting use ofJC-0038
Uniform Commercial Code - Secured Transactions, office in which financing statement amending, continuing, or terminating pre-effective-date financing statement covering consumer goods must be filedJC-0526
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 CodeJC-0486
Sex Offender Treatment, Council on
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 informationDM-0458
Social Worker Examiners, State Board of
Relicensing, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examinationJC-0049
State Committee on Examiners in the Fitting and Dispensing of Hearing Instruments
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 examinationGA-0382
State Emergency Communications, Commission on
Compensatory per diem, public members of the Commission on State Emergency Communications are not entitled to receiveGA-0318
Delinquent 9-1-1 emergency service fees, authority to collectJC-0284
State Health Services, Department of
Department of State Health Services, delegation of authority over mental health and chemical dependency services to a local behavioral health authorityGA-1081
Exemptions from immunizations required by the Department, private schools are not required to, but may acceptGA-0420
Texas Asbestos Health Protection Act, a municipality is included in the term "person" as used in the Texas 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 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 theGA-0729
Structural Pest Control Board
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 landscapeGA-0414
Authority to regulate contract language or to enforce contracts between structural pest control providers and consumers, Board generally hasJC-0324
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 byGA-0346
Sunset Advisory Commission
Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commissionís authority toGA-0979
Open Meetings Act, state agency testifying before Sunset Advisory Commission must comply with when quorum of members attend and furnish informationJC-0248
Surplus Property Agency
Appropriations act general rider applies to agency because agency received appropriation under actLO93-080
Property insurance, Agency not authorized to purchase with appropriated fundsDM-0197
Warrant, Agency may withhold to an entity that has failed to pay past-due service and handling chargesDM-0217
Tax Professional Examiners, Board of
Classification of tax appraisers, assessors, and collectors, Board may make and may forbid practitioners to use improperly possessed titleLO93-101
Exemption of assessor-collector from registration requirements of Board, statutory scheme for precludes assessor-collector from engaging in property tax collectionJC-0273
Teacher Retirement System of Texas
Accumulated vacation time, paid as salary under an employment contract, is not creditable compensation for purposes of determining benefitsGA-0300
Computation of benefits, retroactive salary increase granted in contravention of Texas Constitution need not be included inLO94-093
Delegation of investment authority by and securities authorized for investment by board of trusteesJC-0043
Driver education, System may not include in calculation of teacher's retirement benefit payment teacher receives supplemental to regular salary for teachingDM-0417
Eligibility of member of board to serve when his spouse receives retirement benefits from the SystemLO96-142
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 forDM-0184
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 fundDM-0008
Proper formula under section 21.402, Education Code, for determining the required contributions by a school district to the Teacher Retirement System for compensation that exceeds the statutory minimumGA-0641
Removal of member of board, procedure forLO96-142
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 statuteDM-0154
Workers' compensation benefits and risk management program allocation, retirement system is not subject toGA-0075
Informing general public of Fund's activities and legal responsibilities, authority of Board to spend appropriated funds for this purposeJC-0350
Texas A&M University System
Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procureGA-0438
Texas Workforce Commission
40 Texas Administrative Code section 819.18 is a proper interpretation of Labor Code section 21.556(a).GA-0281
The University of Texas System
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.KP-021
Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procureGA-0438
Transportation Commission
Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projectsKP-197
Federal regulation bars public agencies from bidding in competition with private contractors on state highway project that receives federal aidJC-0171
State highway maintenance contract, county lacks authority to submit bid onJC-0171
State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bondsJC-0139
Transportation, Department of
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)KP-184
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 purposeGA-0440
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 TransportationGA-0777
Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation"GA-0776
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 performancJC-0124
Monies held in trust in a particular subaccount of the state highway fund, Department may not transfer to a regional transportation authorityGA-0687
Oil and gas royalties received for depletion of highway rights-of-way, disposition ofDM-0370
Oversize or overweight vehicle, if applicant satisfies statutory requirements Department must issue permit to applicant to operateJC-0517
Overweight vehicles, Department of Transportation may issue permits forDM-0028
Petition protesting zoning change, Department may participate in as owner of real property in its right-of-wayDM-0167
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 bGA-0143
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 actJC-0448
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)JC-0189
Texas Manual on Uniform Traffic Control Devices for Streets and Highways, whether local authorities may place multi-way stop signs at intersections consistent with state statutes andJM-1182
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 revenueJC-0353
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 CodeKP-077
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 CodeGA-0493
Workers' compensation, motor carriers hauling materials to and onto Department construction sites must carryDM-0241
Purchase of securities from TexPool at below market value, whether state treasurer may use state funds in treasury forLO96-013
Turnpike Authority
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 revenueJC-0353
Veterans Land Board
Direct security repurchase agreements, call option contracts, reverse, repurchase agreements, and collateralized mortgage obligations not "bonds or obligations of the United States" in which article III, sections 49-b and 49-b-1of Texas Constitution permiJM-1201
Veterinary Medical Examiners, Board of
Controlled substance, Board may adopt rule prohibiting licensee from dispensing unless licensee has registered with Department of Public SafetyGA-0547
Licensees may be disciplined for permitting or allowing another to use their license or certificate to practice veterinary medicineDM-0498
Practice of veterinary medicine without a license, penalties and remedies in licensing statute not applicable to corporationDM-0498
Professional fee, authority of Board to collect in addition to examination fees and licensing feesLO95-044
Rules designed to protect safety of public records and prevent disruption of working conditions in office, authority of Board to promulgateLO90-109
Water Advisory Council, Texas
Public Information Act, Texas Water Advisory Council is subject toGA-0065
Water Commission
Ex parte communications by hearings examiner in contested case about hazardous waste permit, statutory prohibition againstDM-0144
Rule-making delegation to Commission does not violate Texas ConstitutionDM-0054
Water Development Board
Newsletter for employees, agency may produce and accept donations for but may not print advertisements promoting donor businessesLO93-007
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 lawsGA-0149
Workers' Compensation Commission
Americans with Disabilities Act preempts, to the extent of conflict, a state law requiring Commission to release information to employers about applicants' prior injuriesDM-0124
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 toJC-0572
Formula for costs of risk management services to be paid by state agency to Risk Management Division of Commission does not restrict exposure to that "which arise[s] from incidents within the agency's control"LO97-106
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 DM-0181
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, ComDM-0181
Liability insurance, authority of Commission to purchase (Withdrawn by Letter 7/31/96)DM-0346
Separate business entity, authority of Commission to define by ruleLO95-021
Workforce Commission
Block grant funding, authority to use to fund workforce development programs listed under Labor Code section 302.062(g)GA-0376
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 TransportationGA-0777
Local workforce development board's private-sector representative, Commission rule may not be construed to impose additional eligibility requirements onJC-0298
Parental consent forms, Commission may not require of minors engaged in delivery of newspapers to the consumerJC-0309
Youth Commission
Commission, authority to require sex offender registration of juvenile upon releaseGA-0772
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 enrolledGA-0860
Hazardous duty pay, employee's eligibility to receiveDM-0376
Teachers, longevity and benefit replacement pay included in capped salary rate forLO97-010
Vocational shop projects, sale of to publicLO98-018