Equal Protection

Equal Protection Clause of the United States Constitution, the Hazlewood Act's provision of benefits to only those individuals who resided in Texas at the time they entered the service rationally furthers legitimate state interests, should withstand rational basis review, and should therefore be held constitutional under the Equal Protection Clause

Equal protection, county employees' incentive plan does not violate constitutional guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners court|Incentive plan for certain county employees does not violate equal protection guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners court|Employee incentive plan, a county commissioners court may not provide bonuses under for work performed before the plan was adopted

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

State expenditure database, as private information a public employee's net salary information may not be included in|County-of-residence information, public employees' not required to be included in state expenditure database|Database of state expenditures may not include information identified by a state agency as excepted from required disclosure or as confidential|Database of state expenditures, Comptroller must establish and publish|State action, assuming that a private entity that is credentialed by the state to provide continuing education for peace officers and with which the state contracts to provide such training is engaging in|Union membership, classification on the basis of is subject to review under the rational-basis standard|Continuing education required by law, asuming that a private entity that is credentialed by and has contracted with the state to provide is engaging in state action; but such an entity's policy of reducing tuition for members of the entity rationally relates to a legitimate state purpose

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

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

Application for place on Logan Slough Creek Improvement District, governed by the Election Code\r\n\r\nNotice of election for Logan Slough Creek Improvement District, governed by District’s legislation|Election Code, to the extent any provision governing the Logan Slough Creek Improvement District’s elections conflicts with the Election Code and does not provide otherwise, the provision in the District’s legislation is superseded by the|Logan Slough Creek Improvement District is subject to the Open Meetings Act|Logan Slough Creek Improvement District is subject to the Public Information Act|Property ownership requirement as qualification to serve as member of the board of directors|Governance of the Logan Slough Creek Improvement District|Taxable property in the district

Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d)of art. 179e.|Citizenship|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art. 179e.|Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d) of art. 179e|Fact questions cannot be answered in an attorney general opinion. U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves mixed questions of fact and law.|U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves questions of fact that cannot be answered in an attorney general opinion.|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art 179e.

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.

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

Pay scale differential for justices of the peace as violative of Equal Protection Clause

Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional

Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirements|Minority and women-owned businesses, constitutionality of county policy to increase contracts with depends upon facts such as county's basis for adopting policy

School districts, right to equal protection|School districts, right to free speech|Registered lobbyists, school district's employment of|Registered lobbyists, school district's use of local funds to employ

Medical coverage for district officers, authority of county to provide and phase out|Americans with Disabilities Act, application to county plan to phase out medical coverage for district officers|Medical coverage for district judges, authority of county to provide|Medical coverage for district attorney, authority of county to provide|Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provide|Medical coverage for district officers, county's plan to phase out|Medical coverage for agricultural and home extension agents, authority of county to provide

Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under Fourteenth Amendment|Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under First Amendment|Constitutionality of statute permitting solicitors for charitable organizations, but no others, to stand in roadway

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

Driver education, payment public school teacher receives supplemental to regular salary for teaching is not included in calculation of teacher's retirement benefit|Driver education teacher in public school who receives payment supplemental to regular salary, whether state may exclude from calculation of teacher's retirement benefit|Driver education, System may not include in calculation of teacher's retirement benefit payment teacher receives supplemental to regular salary for teaching|Teacher's retirement benefit, calculation of may not include supplement to teacher's regular salary for teaching driver education

University Interscholastic League, board of school trustees has discretionary authority to join and agree to comply with rules of|Participation in extracurricular activities, public student's interest in is not a property right|Participation in extracurricular activities, public student's interest in is not fundamental right

Local or special law, test of whether law is general or special|Venue project for Harris County and Houston not required to hold referendum election to impose hotel occupancy or car rental taxes|Due process, county may impose hotel occupancy and car rental taxes in absence of election where legislature has set fixed maximum rate and where taxation does not vary on the basis of benefit received|Referendum election on venue project, classification scheme obviating need for election in counties that have recently held does not unconstitutionally discriminate|Venue project, Harris County not required to hold election for|Hotel occupancy tax, Harris County and Houston need not hold referendum election on venue project to impose|Car rental tax, Harris County and Houston need not hold referendum election on venue project to impose|Referendum election for Harris County and Houston, imposition of hotel occupancy or car rental taxes does not require

Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from college tuition is probably unconstitutional|Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from tuition is probably unconstitutional|Retroactively applied, a court probably would use three-part test to determine whether judicially modified statute will be

Board membership eligibility statute requiring candidate to be land owner in district is unconstitutional if requirement does not rationally serve a legitimate state purpose|Land owner in drainage district, statute requiring that candidate for drainage district governing board must be is unconstitutional if requirement does not rationally serve a legitimate state purpose|Ballot access, statute requiring drainage district board member to own land within the district is unconstitutional if requirement does not rationally serve a legitimate state purpose

Voucher system, whether home-schooled children may be excluded from

Race or ethnicity as a factor in student financial assistance, law regarding use unsettled (Tex. Att'y Gen. L0-97-001 Withdrawn)|Student financial assistance, law unsettled regarding use of race or ethnicity as a factor in (Tex. Att'y Gen. L0-97-001 Withdrawn)

Incorporated city, sheriff has authority to provide law enforcement services throughout county, including areas within|Level of law enforcement services to be provided within different areas of the county, sheriff has reasonable discretion to determine|Law enforcement services in different areas of county, absent invidious discrimination based on suspect class, equal protection requires only that county government have rational basis for providing different levels of|County sheriff's provision of law enforcement services in incorporated municipality in county is not a gift or grant of

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

Appraisal roll, petition to change in prior tax years based on failure to allocate value of business aircraft according to recently enacted statute|Business aircraft used outside the state, allocation of value that fairly reflects use in state and petition to change appraisal roll based on|Prospective application, in absence of express statement of legislative intent statutes are presumed to have|Taxable situs of business aircraft used outside the state|Business aircraft used outside of state, allocation of value required only if aircraft has acquired taxable situs in another state|Commerce Clause limitations on taxation of business aircraft used outside the state|Prospective application, statutes are presumed to have in absence of express statement of legislative intent

Petition for creation of water district, constitutionality of Water Code restriction of signatories to land owners dependent on factual determination concerning purpose of district and potentially disparate impact on land owners|Emergency notice requires statement of reason for emergency or urgent public necessity|Emergency, a statutorily required action is not reasonably unforeseeable for purposes of Open Meetings Act definition of "emergency"|Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinion