Occupational And Professional Licenses

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

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

Secretary of State\\'s authority to enforce notary public\\'s duty to provide copies of entries in the notary public record book upon proper request|Notary public\\'s duty to respond to a request for copies of entries in the notary public record book by providing redacted copies|Article IV, section 26 concerning notaries public|State statutory duty to disclose information in light of possible federal constitutional or statutory privilege

Under subsection 301.161 S(b) of the Occupations Code, the Texas Board of Nursing may not disclose the criminal history record information of its license applicants or holders to any person except to another nursing board or by court order.

When the Department of Public Safety provides the Board with a nondisclosure order or the order's contents, subsection 411.075(d) of the Government Code requires the Board to seal criminal history record information it maintains that is subject to the nondisclosure order. The Board has a duty to seal and maintain such information as confidential even when the Board learns of a nondisclosure order after issuing a final disciplinary action.

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.

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.