Licenses, Certificates, And Permits

Unilateral, voluntary surrender of license - A court would likely determine that the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 or any other law to accept the unilateral, voluntary surrender of a license|Texas Board of Professional Geoscientist - A court would likely determine that the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 or any other law to accept the unilateral, voluntary surrender of a license|Texas Board of Professional Geoscientists - A court would likely determine that the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 or any other law to accept the unilateral, voluntary surrender of a license

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 gambling|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 license|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 facts|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 Code|"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 Commission|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 license

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 conclude|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 conflict|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 conflict|"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 that|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 that|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 conclude|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 conclude

Applicability of handgun laws on church premises|Private Security Act fees do not apply to Texas churches providing volunteer security services pursuant to Occupations Code section 1702.333|Person|Premises|Volunteer security services

Forensic Science Commission's accreditation authority over postmortem toxicological analysis|Medical examiners and forensic pathologists

Extent to which the Texas Commission on Environmental Quality must consider recommendation from local government to deny a Standard Permit under Texas Clean Air Act|Extent to which the Texas Commission on Environmental Quality must consider local zoning, land use, and other ordinances on standard permitting decisions made under Health and Safety Code sections 382.05195 and 382.05198|Permitting procedure of Texas Commission on Environmental Quality 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 facts|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 facts|Extent to which Texas Commission on Environmental Quality must consider recommendation from municipality to deny Standard Permit under Clean Air Act

Historic or existing use permits - scope of authority of groundwater conservation districts concerning such permits in specific circumstances

Expired chiropractic license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial license|Rule contrary to statute regarding qualifications for licensure, state agency has no authority to adopt|Expired license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial license

Subspecialty, Board may deny license to practice medicine to applicant who received training at international institution accredited in specialty but not in particular subspecialty|Same|Subject|Agency construction of statute the agency is charged with administering is not unreasonable as a matter of law because the construction has changed over the years|International training institution accredited in specialty but not subspecialty, applicant for license to practice medicine who received training may be denied license|Medicine, applicant for license to practice who was trained at international institution accredited in specialty but not in particular subspecialty may be denied license

Felony conviction, licensing agency's authority to deny or revoke professional license upon|Revoke professional license upon licensee's felony conviction, circumstances in which a licensing agency must|Privacy, double jeopardy, and self-incrimination, licensing agency's requirement that applicants and licensees provide agency with criminal history information does not violate constitutional guarantees regarding|Halfway house is not imprisonment for purposes of professional license revocation statutes|Criminal history information, Board's authority to require applicants and registrants to provide and to deny or revoke registration upon applicants or registrant's felony conviction|Imprisonment

Certified Public Accountant, individual whose license has been expired for two years or more must obtain a new license but not a new certificate|Public Accountancy, Board of, individual whose license to practice accounting has been expired for two years or more must obtain a new license but not a new certificate

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

Shampoo apprentice permit, Commissioner's implementation of the statute establishing a|Shampoo apprentice permit holder who operates within permit's terms is not practicing cosmetology without license

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

License, corporate applicant's eligibility for bingo manufacturer's or distributor's

"Retired status," Board of Professional Land Surveying may not establish for its registrants, in order to set a reduced renewal fee and waive continuing education requirements

TexasOnline occupational licensing system, the State Board of Barber Examiners must participate in the electronic occupational licensing system established in connection with the TexasOnline Authority and may not issue a new or renewal license, certificat

Engineering document, whether the business entity that employs the issuing engineer has registered with the Board of Professional Engineers is irrelevant to the validity of a properly sealed|Engineering document is valid if properly sealed although the business entity that employs the issuing engineer has not registered with the Board

Applicants for medical license examination, State Board of Medical Examiners' interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of a|Medical license examination, applicants must complete within a mandatory time period|Applicants for medical license examination, State Board of Medical Examiners' interpretation of section 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of at|Applicants for medical license examination, Board's interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of attempts allowed to take ex

Engineer's seal must be placed on plans, specifications and other documents designed under authority of engineer's Texas license for projects to be constructed outside of Texas|Projects to be constructed outside of Texas, engineer's seal must be placed on plans, specifications and other documents prepared under authority of his Texas license for

Statutory requirement that an applicant for a license supply social security number, is neutral and uniform in application, and is a reasonable means of promoting a legitimate public interest and so does not violate the free exercise guarantee of the Unit|Professional, driver's, occupation, and recreational license may be denied on basis of applicant's refusal to provide social security number or affidavit in lieu thereof|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 fact|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 number

Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in rabies vaccination certificate and made confidential under chapter 826 of the Health and Safety Code|Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in

Licensing examination given by the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments must be validated by an independent testing professional in its entirety, including practical as well as written parts of the examination

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

Apartment building employees, license required to engage in structural pest control as defined in section 1951.003 of the Occupations Code by applying pesticides to the apartment landscape

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

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

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

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

Impact fees, municipal water rights fees as

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

Renewal of licenses, bail bond board does not have authority to temporarily extend bail bond surety license expiration dates by rule|Rule to temporarily extend the expiration date of bail bond surety licenses, a bail bond board does not have authority to promulgate or implement

State Board for Educator Certification is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Board is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Including|May

Rehabilitation permit from Parks & Wildlife Department, holder of not exempt from application of section 822.102(5), Health & Safety Code, with regard to animals not indigenous to Texas|Holder of rehabilitation permit from Parks and Wildlife Department is not exempt from section 822.102(5)of Health and Safety Code with regard to animals not indigenous to Texas |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 Texas

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

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

Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n\r\nConviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public|Notary public, under Government Code section 406.004 an individual with a conviction of a felony or crime involving moral turpitude may not be commissioned by the Secretary of State as a|Commissioned as a notary public by the \r\nSecretary of State, Government Code section 406.004 precludes an applicant with a conviction of a felony or a crime involving moral turpitude from being \r\n\r\n|Revocation proceedings against a notary public on the basis of a conviction of a felony or a crime involving moral turpitude, the Secretary of State is authorized, but not required, to initiate|Must\r\nMay\r\nGood cause|Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n|Conviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public

Real Estate Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or seller|Defining the term "buyer" and "seller" is necessary to determine whether a person constitutes a buyer or seller of real property for which a real estate inspector has accepted employment and is for the Real Estate Commission to define in the first instance|Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or seller|Real Estate Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or seller\r\n

Criminal history evaluation letter, licensing agency’s authority to obtain information regarding a potential applicant seeking a|Criminal history evaluation letter, State Board for Educator Certification's authority to obtain information regarding a potential applicant seeking a

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

Abortion facility that must be licensed under chapter 245, a facility performing a medical abortion within the scope of subsection 245.002(1) is an\r\n\r\nIn the presence of a physician, Texas statutes do not require a patient to ingest drugs provided to the patient with the intent to induce an abortion|Abortion facility that must be licensed under chapter 245, a facility performing a medical abortion within the scope of subsection 245.002(1) is an

Residential appliance installer, authority to work on pools|Comma, a court may omit if it distorts the Legislature’s intention, as determined from the statute

Notary public, it cannot be determined whether a notary public is a state officer under chapter 603 of the Texas Government Code

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

Licensed Specialist in School Psychology, authority to use \\"Nationally Certified School Psychologist\\" as a professional descriptor

Licensing and certification of real estate appraisers, chapter 1103 of the Texas Occupations Code regulates\r\n\r\nRules 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\r\n\r\nIf 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\r\n\r\nSubject to judicial review, the Board may determine whether the Uniform Standards of Professional Appraisal Practice or Board rules regulate particular tasks that appraisers might perform

Social security numbers of its licensees or applicants, the Board of Physical Therapy Examiners may not provide to a national organization of licensing authorities

Seal or redact information that is the subject of a nondisclosure order, under certain circumstances section 411.081 of the Government Code would not require the Texas Board of Nursing to|Seal or redact information that is the subject of a nondisclosure order, under certain circumstances section 411.081 of the Government Code would not require the Texas Board of Nursing to

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

Discretion to grant or deny certificate of authority to foreign medical school that satisfies statutory and regulatory criteria, under Education Code chapter 61, Texas Higher Education Coordinating Board has the|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 the

Transportation Code sections 251.003 and 251.016 authorize a commissioners court to require access-point permits for construction of access points to county roads within the county\\'s right-of-way.|Transportation Code section 251.017 authorizes a commissioners court to set a reasonable fee for permits to construct access points to county roads located within the county\\'s right-of-way|Transportation Code sections 251.003, 251.016, and 251.017 authorize a commissioners court to require a permit and charge a fee for installing an access point to a county road|Transportation Code section 251.017 authorizes a commissioners court to charge a reasonable fee for a permit to install an access point to a county road|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses of the Texas and United States Constitutions unless something about the industry makes it uniquely deserving of special permitting requirements|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements.

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

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

Occupations Code section 501.004 - a university is not required to use the official title of \\"psychologist\\" or \\"psychological associate\\" when describing employees in order for those employees\\' activities and services to be exempt from the Psychologists\\' Licensing Act|Occupations Code section 501.004 - a university could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and the activities or services performed within the scope of that employment would be exempt under|Occupations Code section 501.004 - a university subject to section 501.004 could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and that individual\\'s activities or services performed within the scope of the employment would be exempt

Filing fee, justice court authority to charge a fee for filing a petition applying for an occupational driver\\'s license

Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for the implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|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 appeal|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 tax|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 year|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 year|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 year

Lottery Commission - 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 offenses|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 offenses

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

Transportation of manufactured homes to be installed at homesites, installers who possess certificates of registration as required by the Manufactured Housing Standards Act are exempt from certificate requirements of Motor Carrier Act with regard to

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

Fee, underground water conservation district may not impose in connection with permitting or registering wells | Fee, district may not impose in connection with permitting or registering wells | Underground water conservation district may not impose fee in connection with permitting or registering wells

Overweight vehicles, Department of Transportation may issue permits for | Department of Transportation may issue permits for overweight vehicles

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

Fit and dispense hearing aids, audiology students engaged in measuring human hearing as part of academic curriculum may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit to|Audiology students, in measuring human hearing as part of academic curriculum students may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board of Examiners in the Fitting and Dispensi|Audiology students in measuring human hearing as part of academic curriculum may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board

Court reporter's certification, Certification Board may not continue to consider application for filed prior to repeal of section 52.021(e) of the Government Code|Court Reporters Certification Board may not continue to consider application for certification filed prior to repeal of section 52.021(e) of the Government Code|Application for certification filed prior to repeal of section 52.021(e) of the Government Code, Board may not continue to consider

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

Bingo games, Commission may not waive fee for small prizes in|Bingo games, Alcoholic Beverage Commission may not waive fee for small prizes in|Alcoholic Beverage Commission may not waive fee for small prizes in bingo games

Disciplinary proceedings against licensee indicted but not convicted of felony, Board may not bring|Rules prohibiting specific criminal conduct, Board may (after notice and hearing) revoke or suspend license, registration, or commission on proof of licensee's violation of|Disciplinary proceedings against licensee indicted but not convicted of felony, a state board may not bring|Licensee who is indicted but not convicted of felony, state board may not bring disciplinary proceedings against

Licensing fee imposed by Board of Registration for Professional Engineers, Board may consider $200 fee increase set by legislature as part of fee subject to reduction for purposes of setting reduced fees for licensees at least 65 years of age

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

Structural pest control license, whether municipal employee must obtain

Nursing facility, Board may adopt regulation requiring applicant for license to operate to disclose prior involvement in operation of nursing facilities and may also adopt regulation that will empower Department of Health to deny license based on the info|Nursing facility, Board of Health may adopt regulation requiring applicant for license to operate to disclose prior involvement in operation of nursing facilities and may also adopt regulation that will empower Department to deny license based on the info|Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilities|Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilities and may be refused license upon basis of that information|Regulation may not impose burdens, conditions, or restrictions in excess of or inconsistent with statute

Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent (Affirmed by Tex. Att'y Gen. LO-93-053)|Convicted|Felony, Commission may not license applicant convicted of a felony unless applicant has been subsequently found innocent of the crime (Affirmed by Tex. Att'y Gen. LO-93-053)|Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent, even if applicant has completed terms of probation or community supervision (Affirmed by Tex. Att'y Gen. LO-93-053)

Social security number, licensing agencies' authority to refuse to renew license by reason of licensee's failure to disclose|Privacy Act of 1974, whether failure to disclose social security number authorizes state agency to refuse license renewal|Social security number, whether Real Estate Commission may refuse to renew license because of licensee's failure to disclose|Renewal of license, whether Commission may refuse by virtue of licensee's failure to disclose social security number

Licensure exemption for peace officer directly employed by recipient of security services|Private investigator, peace officer directly employed by recipient of security services exempt from licensure as|Private investigator, exemption from licensure as for peace officer directly employed by recipient of security services

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

Psychologist's license necessary to practice psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation|Psychotherapy, hypnosis, hypnotherapy, or biofeedback, individual may not practice for compensation unless licensed as psychologist|Psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation, authority of Board to enjoin unlicensed practice of

Marriage license requirements, constitutionality of oath regarding child support obligations|Child support delinquency as bar to marriage, constitutionality

Driver education and traffic safety course, Texas Education Agency must supply certificates of completion to public school's|Driver education and traffic safety course of public school, Agency must supply certificates of completion to|Driving safety course with conditional approval, Agency need not finally approve|Driving safety school with conditional license need not apply for new license|Safety course that State Board of Education has conditionally approved need not be finally approved

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

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

Hepatitis|Viral hepatitis|Hepatitis, commission may determine by rule what strains of hepatitis license applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Hepatitis, Cosmetology Commission may not refuse to license person with hepatitis if person is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis physician must test applicant for|Americans with Disabilities Act, Cosmetology Commission may not, consistent with the act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may not, consistent with the Americans with Disabilities Act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may determine by rule what strains of hepatitis physician must test license applicant for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified

Social workers, person originally licensed without examination whose license has expired for more than year applying for new license not subject to examination|Social Worker Examiners, Board of, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examination not required by statutory provision|Relicensing, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examination|Reexamination

Examinations administered by Board, duty to accommodate disabilities under Federal Americans with Disabilities Act|Examinations for professional licensing, state examiner's duty to accommodate disabilities under Federal Americans with Disabilities Act|Americans with Disabilities Act, state examiner's duty to accommodate disabilities in professional licensing examinations

North American Free Trade Agreement, professional licenses|Personal Responsibility and Work Opportunity Reconciliation Act of 1996, professional license\r\n|Personal Responsibility and Work Opportunity Reconciliation Act of 1996, whether Board of Professional Engineers must verify immigration status of persons seeking licensure under NAFTA pursuant to|Board of Professional Engineers, whether required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if persons seeking licensure under NAFTA are United States citizens or permanent residents|Engineers, Canadian or Mexican nationals seeking license may not be denied license solely because not United States citizens or permanent residents|Licensing, applicants under NAFTA, whether Board required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if United States citizens or permanent residents|Qualified alien|Nonimmigrant|State or local public benefit

Filed|Renew license to conduct bingo games or to sell lottery tickets, commission may not if application not timely submitted|License to sell lottery tickets, Lottery Commission may not renew unless application timely filed|License to conduct games, Lottery Commission may not renew unless application timely filed|Lottery Commission may not renew license to conduct bingo games or license to sell lottery tickets if application not timely submitted

Court reporting firms, registration of|Register|Penal statutes and statutes penal in nature, strict construction of|Penal statutes must be sufficiently definite so that persons subject to them may know what they mean and who is liable to punishment for violations|Legislative history, consideration of to determine legislative intent|Court reporting firms, registration of and application of rules to

Conversion of a corporation to another type of business entity under the Texas Business Corporation Act encompasses conversion of a state license held by the converting corporation, subject in some cases to the particular requirements or restrictions of t

Child-care license, may be denied or revoked based on community supervision|Child-care facility, Department may rescind license to operate of person convicted of criminal offense|Conviction may be basis for denial or revocation of child-care facility license

Building permits, capping number of residential but not number of nonresidential a home-rule municipality issues in a specified time period probably does not, as a matter of law, violate|Taking, growth-management plan of home-rule municipality that caps number of residential building permits issued in a specified period of time may constitute compensable|Growth-management plan that caps number of residential building permits issued in specified time period, home-rule municipality general may adopt|Building permits, home-rule municipality generally may limit number of residential permits issued in specified time period

Pharmacy license, automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Nursing home, automatic prescription drug dispensing machine located at must be licensed as a pharmacy and under onsite supervision of pharmacist

Certification, continuing education, and career development courses, State Board for Educator Certification may not use its Internet website to serve as a portal for distance-learning developed and offered by other entities|Internet website, Board may not use its website to serve as a portal for distance-learning courses developed and offered by other entities|Internet website, State Board for Educator Certification may not use its website to serve as a portal for distance-learning courses developed and offered by other entities

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

Equal Employment Opportunity Commission's investigation into discrimination by Board of Medical Examiners in licensing practices, Board must disclose to EEOC requested information that is relevant to|Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state agency must comply although state statute deems requested information confidential|Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state statute deeming requested information confidential is preempted by federal statute authorizing|Equal Employment Opportunity Commission's request for information relevant to a pending investigation regarding licensing practices of State Board of Medical Examiners, Board must comply with although state statute deems the requested information confiden|Equal Employment Opportunity Commission's request for information relevant to a pending investigation regarding Board's licensing practices, Board must comply with although requested information is confidential under Medical Practice Act

Psychologist or psychological associate, activity or service that is within scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. |License to practice psychology, activity or service that is within the scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. J|Governmental agency or regionally accredited institution of higher education, job-related activity of employee who is licensed psychologist or psychological associate is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. JM-12

Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Department|Residential service contracts governed by article 6573b, Revised Civil Statutes, person offering must be licensed with the Commission|Residential service contracts|Service contracts|Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Texas Department of Licensing and Regulation|Residential service contracts governed by article 6573b, Revised Civil Statutes, persons offering must be licensed with the Texas Real Estate Commission

Accompany|Register|Examination fee, applicant for physical therapist license or physical therapist assistant license must be submitted to Board with license application|Examination fee for physical therapist license or physical therapist assistant license applicant may not be submitted directly to examination provider|Physical therapist license or physical therapist assistant license, applicant for may not submit examination fee directly to examination provider

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

Federal contractors, Texas Board of Professional Engineers' authority to license and register engineers preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications|Licensing and registration requirements of Texas Engineering Practice Act preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications

Dirt bikes, Department does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes|Dirt bike under chapter 662 of the Transportation Code, an off-road "dirt bike" is a self-propelled "motor vehicle" but cannot be classified as a motorcycle|Dirt bikes, Department of Public Safety does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes

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

Employee classified as an "engineer" in a private corporation but not licensed under Texas Engineering Practice Act, such person may not use the title "engineer" or other similar term designating that such person is an "engineer" on business cards, cover |Employee classified as an "engineer" in private corporation but not licensed under Texas Engineering Practice Act, such person may not use the title of "engineer" or other similar term designating that such person is an "engineer" on business cards, cover|Use of the title of "engineer," Board is authorized to regulate and restrict|Engineer|In-house|Title

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

Reactivation and continuing-education requirements applicable to peace officers, peace officer retired from Department of Parks and Wildlife's law enforcement program is exempt from|Peace officer retired from Department's law enforcement program is exempt from statutory reactivation and continuing-education requirements otherwise applicable to peace officers|Peace officer retired from Department of Parks and Wildlife's law enforcement program is exempt from statutory reactivation and continuing-education requirements otherwise applicable to peace officers

Immigration status does not exempt person from generally applicable state licensing scheme|Foreign-certified educators, State Board for Educator Certification has authority to require "Letter of Good Standing" from foreign jurisdiction for, but should accept alternative documentation in the event such a letter cannot for good cause be produced|Foreign-certified educators, Board has authority to require "Letter of Good Standing" from foreign jurisdiction for, but should accept alternative documentation in the event such a letter cannot for good cause be produced

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

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

Tow truck, person may not operate unregistered for compensation

Audits of continuing education courses, Commission may adopt rule permitting it to conduct unannounced|Audits of continuing education courses, Real Estate Commission may adopt rule permitting it to conduct unannounced

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

Installers of on-site sewage disposal systems must register with Department of Health or with local government entity acting as an authorized agent of the state|On-site sewage disposal systems, registration of installers of by Department and authorized agents of the state|Registration of installers of on-site sewage disposal systems, a municipality may adopt by order or resolution more stringent standard than prescribed by state for|On-site sewage disposal systems, a municipality may adopt by order or resolution more stringent standard than prescribed by state for

Tissue banks licensed by another state may operate in Texas pursuant to Health and Safety Code chapter 692A; however, whole-body donations, including transfers, are subject to oversight by the Anatomical Board of Texas.

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

A rule exempting an appraiser licensed under Occupations Code chapter 1103 from complying with the Uniform Standards of Professional Appraisal Practice when performing an evaluation as allowed under the federal Interagency Appraisal and Evaluation Guidelines would conflict with section 1103.405.

Driver’s license requirement to operate golf carts on public road

The Legislature authorized the Behavioral Health Executive Council to take disciplinary action against social workers who refuse to perform an act or service within the scope of their licenses solely because of the recipient’s age, sex, race, religion, national origin, color, or political affiliation.  The Council adopted a rule changing the word “sex” to “gender” and authorizing disciplinary action for refusal of service based on disability, sexual orientation, and gender identity and expression.  In doing so, the Council exceeded the authority granted to it by the Legislature by rewriting the language chosen by the Legislature and imposing additional restrictions in excess of the relevant statutory provisions.  A court would likely conclude that the rule is invalid to the extent that it is inconsistent with and exceeds the Council’s statutory authority.

No Texas statute prohibits discrimination based on sexual orientation or gender identity or expression, and the U.S. Supreme Court has emphasized that religious and philosophical objections to categories of sexual orientation are protected views and in some instances protected forms of expression under the First Amendment.  If the Legislature intends otherwise, it may expressly amend the statute to so provide. A Council rule prohibiting that expression conflicts with the longstanding constitutional protection for an individual’s free exercise of religion. 

While a social worker may not discriminate based on disability in contravention of state and federal law, the Council lacks statutory authority to discipline a licensee for discrimination based on disability.

The Texas Behavioral Health Executive Council’s rulemaking authority likely includes authority to adopt a rule allowing a person licensed as a Licensed Specialist in School Psychology to use the title School Psychologist or Licensed School.

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

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

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