CONSTITUTIONAL LAW - UNITED STATES |
American Bar Association Model Rule of Professional Conduct 8.4(g) - court would likely conclude that it unconstitutionally restricts freedom of speech, free exercise of religion, and freedom of association for State Bar members | KP-0123 |
Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Commerce Clause | JC-0093 |
At will employees, whether employees of Department of Mental Health and Mental Retardation are | LO95-063 |
Commerce Clause limitations on taxation of business aircraft used outside the state | JC-0180 |
Commerce Clause, court would find that state statute requiring imported meat to bear label disclosing country of origin violates, but would not find state statute requiring state agency or political subdivision to purchase only domestic beef violates | JC-0531 |
Commerce Clause, statute that imposes impact fee upon interstate and foreign operators of barges delivering petroleum products but that does not impose impact fee upon intrastate operators of barges delivering petroleum products violates | JM-1258 |
Commerce Clause, whether state regulation of Internet violates | DM-0500 |
Compelling state interest, state agency must follow standard of, when interfering with parental right to control upbringing of children | JC-0226 |
Constitutional challenge, Legislature’s decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a | GA-0774 |
Contracts, commissioners court may not refuse to enter into if such refusal will violate Eighth or Fourteenth Amendment rights of county prisoners | LO98-072 |
Controlled substance tax only implicates Fifth Amendment Double Jeopardy Clause when tax has been paid in full | JC-0086 |
Drug testing policies proposed by municipality and state university | DM-0121 |
Establishment Clause of the U.S. Constitution - opening a court session with "God save the State of Texas and this Honorable Court" or with a prayer by a volunteer chaplain, or hosting a volunteer chaplain program to provide counseling upon request, does not violate the Establishment Clause | KP-0109 |
Federal law does not preempt Human Resources Code section 32.0248(h), which, provides that the Health and Human Services Commission may not contract with entities that are affiliates of entities that perform or promote elective abortions | GA-0844 |
Fingerprint requirement for driver's license application not barred by any federal constitutional provision | LO97-006 |
Firearms, municipal housing authority may not regulate tenants' legal possession of | DM-0071 |
Freedom of movement, minors | GA-0425 |
Hazardous waste generated in foreign country, ban on importation into Texas violates Commerce Clause | JC-0017 |
Horsemeat exported abroad, the application of transportation ban to foreign corporation transporting horsemeat through Texas does not violate the Commerce Clause | GA-0623 |
Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase would | DM-0031 |
Impairment of contract, retroactive application of law forbidding assumption of debt by economic development corporation would constitute | DM-0299 |
Inspections, Texas State Board of Podiatric Medical Examiners not authorized to conduct warrantless, on-site compliance inspections | JC-0274 |
Internet ordination, Board of Examiners of Psychologists may consider as factor in determining claim of ministerial exemption, but may not conclusively presume bad faith on sole basis of | JC-0535 |
Live Oak Treaty of 1838 between the Lipan Apache Indian Tribe and the Republic of Texas, subsequent Council Springs Treaty executed by Lipan Indians and the United States abrogates | GA-0339 |
Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preempted | GA-0699 |
Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities burdens interstate commerce | JC-0052 |
Motor vehicles from out of state involved in accidents, constitutionality of impoundment procedures | DM-0261 |
Municipal juvenile curfew ordinance of Crockett, Texas constitutional on its face | LO98-111 |
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 | GA-0064 |
Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements | GA-0992 |
Random drug testing by private employers, city ordinance prohibiting is reviewed under "rational basis" test | DM-0236 |
Residency requirement for applicants for liquor license, constitutionality of | DM-0361 |
Roadblocks set up by game wardens subject to balancing test devised by United States Supreme Court | LO94-026 |
Search and seizure, whether surveillance of public school student locker rooms by video constitutes | LO95-034 |
Search without a warrant of polygraph examiner's commercial premises by Polygraph Examiners Board is unconstitutional where inspection is not in response to formal complaint | JC-0204 |
Self-incrimination, polygraph examinee may have right to claim privilege against | JC-0070 |
Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speech | GA-0658 |
State licensing fee, certified public accountants employed by federal government may be assessed | DM-0237 |
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 | GA-0289 |
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 | JC-0142 |
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. | GA-0867 |
Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rights | JC-0302 |
Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to | JC-0021 |
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 | GA-1020 |
Constitutional Provisions |
Under Full Faith and Credit Clause of United States Constitution, Texas must recognize Arkansas court valid order releasing individual from penalties and disabilities of Arkansas conviction | KP-0138 |
Due Process |
Ballot petition, rights to political association and to vote, constitutionality of requiring signers' voter registration numbers | LO96-005 |
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 | GA-0695 |
Clause protects certain fundamental parental rights | KP-0241 |
Denver boot, use of is not per se violative of due process | LO93-039 |
Disclosure obligations of criminal district attorney under Code of Criminal Procedure article 39.14 when information is protected by attorney-client privilege or confidential under other law | KP-0213 |
Employment, validity of state university policy requiring executive approval for outside employment including elective office | LO96-109 |
Grand jury room, presence of interpreter for deaf grand juror will not violate due process rights of subject of grand jury investigation | DM-0411 |
Grandparent access statute, section 153.433 of the Family Code is constitutional on its face but may be unconstitutionally applied | GA-0260 |
Hair and beard, distinction between not void for vagueness on its face; but State Board of Barber Examiners should clarify by rule to avoid vagueness problem in applying statute | JC-0211 |
Imputing knowledge from assistant criminal district attorneys performing civil duties to the prosecutor as "the State" for purposes of Code of Criminal Procedure article 39.14 | KP-0213 |
Jury room, presence of interpreter for deaf or hearing-impaired juror will not violate due process rights of criminal defendant | DM-0392 |
Participation in extracurricular activities, public student's interest in is not a property right | DM-0446 |
Polygraph examination, examinee not entitled to counsel during | JC-0070 |
Procedural Due Process under the Mathews v. Eldridge factors, an indigent parent in termination proceeding is entitled to non-appellate transcripts of hearing and depositions when required by | GA-0461 |
Property interest in employment of public employees who may be removed for good cause with board's consent | LO95-063 |
Protected right to collect or to contract with hauling company of choice, within municipal jurisdiction neither private solid-waste hauling company nor residential construction contractor have | JC-0035 |
Refusal of employee to admit process server to area of business designated by employer as "private" is not an offense under section 38.16(a) of Penal Code, because, as thus applied, statute runs afoul of Fourth Amendment to United States Constitution | GA-0113 |
Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt | GA-0526 |
Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional | DM-0123 |
Retroactive law, investigation of chemical dependency counselor for conduct occurring before effective date of statute penalizing conduct | LO94-013 |
Section 38.16 of Penal Code, which creates offense for preventing the execution of process, is not on its face void for vagueness | GA-0113 |
Seizure of leased paging device in possession of student by school district | DM-0352 |
Strict scrutiny standard used to review governmental infringements on fundamental parental rights | KP-0241 |
Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutional | DM-0410 |
Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rights | DM-0414 |
Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearing | DM-0419 |
Equal Protection |
Ad valorem tax on motor vehicle leased to person who uses it for personal purposes, constitutionality of | LO96-030 |
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 | DM-0484 |
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 | JC-0142 |
Business aircraft used outside of state, allocation of value required only if aircraft has acquired taxable situs in another state | JC-0180 |
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 | GA-0695 |
Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under Fourteenth Amendment | DM-0367 |
Driver education teacher in public school who receives payment supplemental to regular salary, whether state may exclude from calculation of teacher's retirement benefit | DM-0417 |
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 | KP-0015 |
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 | DM-0042 |
Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from tuition is probably unconstitutional | DM-0468 |
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 | GA-0492 |
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 | JC-0125 |
Marriage license requirements, constitutionality of oath regarding child support obligations | DM-0384 |
Medical coverage for district officers, county's plan to phase out | DM-0337 |
Minority and women-owned businesses, constitutionality of county policy to increase contracts with depends upon facts such as county's basis for adopting policy | DM-0226 |
Participation in extracurricular activities, public student's interest in is not fundamental right | DM-0446 |
Pay scale differential for justices of the peace as violative of Equal Protection Clause | DM-0051 |
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 | JC-0406 |
Property ownership requirement as qualification to serve as member of the board of directors | GA-0756 |
Race or ethnicity as a factor in student financial assistance, law regarding use unsettled (Tex. Att'y Gen. L0-97-001 Withdrawn) | JC-0107 |
Race-based scholarship program administered by private, nonprofit organization, Fourteenth Amendment does not apply to purely private conduct | LO98-045 |
Referendum election on venue project, classification scheme obviating need for election in counties that have recently held does not unconstitutionally discriminate | DM-0453 |
Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt | GA-0526 |
Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional | DM-0123 |
School districts, right to equal protection | DM-0325 |
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 | GA-0572 |
State action, whether public university's involvement in private scholarship program constitutes | LO98-045 |
State action, whether use of privately endowed fund administered by state university constitutes (Withdrawn by Tex. Att'y Gen. Op. No. JC-0107 (1999)) | LO97-001 |
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 | GA-0732 |
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. | GA-1013 |
Teacher Retirement System and optional retirement program, constitutionality of different rates of state contribution to | LO93-048 |
Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d)of art. 179e. | GA-0867 |
Union membership, classification on the basis of is subject to review under the rational-basis standard | GA-0572 |
University admissions, financial aid, scholarships, recruitment and retention, permissibility of programs that are not race-neutral (Withdrawn by Tex. Att'y Gen. Op. No. JC-0107 (1999)) | LO97-001 |
Voucher system, whether home-schooled children may be excluded from | JC-0091 |
First Amendment |
Anonymous printed political advertisements, law prohibiting individual from creating and distributing in issue-based election is unconstitutional | JC-0243 |
Ballot petition, rights to political association and to vote, constitutionality of requiring signers' voter registration numbers | LO96-005 |
Cathedral, constitutional question raised if public funds were appropriated to restore or preserve | JC-0578 |
Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under First Amendment | DM-0367 |
Discharge of at-will sheriff's personnel for political views or activities opposed to sheriff, impermissible unless activities disrupt office | LO96-139 |
Disorderly conduct statute facially constitutional as "time, place, or manner" restriction on speech | LO96-150 |
Establishment Clause - A court is likely to conclude that a law-enforcement department's display of "In God We Trust" on its patrol vehicles is permissible under the Establishment Clause | KP-0042 |
Establishment clause, county expenditure on holiday lights and decorations | KP-0116 |
Establishment Clause, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus | GA-0252 |
Free exercise of religion, chapter 110 of the Civil Practice and Remedies Code restores compelling interest test for state burdens on | JC-0200 |
Free speech, whether Department of Public Safety must permit religious groups to distribute literature and solicit contributions on state property | DM-0064 |
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 | GA-1020 |
Joint-credit courses to private school students, Constitution does not prohibit public junior college from offering | JC-0013 |
Latin crosses, whether erection as fatality markers in county right-of-way violates the Establishment Clause | LO97-018 |
Notary public's duty to respond to a request for copies of entries in the notary public record book by providing redacted copies | GA-1095 |
Parents have a fundamental right to guide religious future and education of their children | KP-0241 |
Penal Code provision prohibiting attorney from sending direct mail solicitation to criminal defendant within thirty days of his arrest contravenes First Amendment | JC-0022 |
Policy requiring certain probationers to conform to dress and hair code, constitutional if designed primarily for rehabilitation and protection of public, and is reasonably related to such ends | LO93-095 |
Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interest | GA-0068 |
Prayer, whether state university may begin commencement and other official university events with | LO94-057 |
Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizations | JC-0417 |
Probation condition that restricts right to free expression or privacy, validity | DM-0437 |
Religious group, use of state university facilities for conference hosted by | LO95-031 |
Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt | GA-0526 |
School districts, right to free speech | DM-0325 |
Schoolchildren's Religious Liberties Act, continuted exisitence of federal permanent injunction issued against Houston Independent School District precludes determination of whether certain terms of injunction prevail over provisions of | GA-0609 |
Social security numbers, constitutionality of requirement that driver's license applicants provide | LO93-032 |
Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rights | DM-0408 |
Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to Constitution | JC-0458 |
Whistleblower, school district's guidelines regarding do not facially violate First Amendment but school district must take care to sanction only when employee speech has genuine effect on workplace | LO97-087 |
Public Officeholders |
Lottery Commission, constitutionality of statute prohibiting a member of the Lottery Commission from coercing, attempting to coerce, or advising a person to contribute for political purposes | GA-0647 |
Supremacy Clause |
Aliens, federal laws on admission, naturalization, and residence of aliens preempt inconsistent state law | JC-0394 |
Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Supremacy Clause | JC-0093 |
Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overrides | DM-0419 |
Article 21.74 of the Insurance Code, which establishes a Holocaust registry, interferes with the President's conduct of foreign affairs, and is thus preempted by the United States Constitution | GA-0116 |
Article VI entails preemption of state law by express provision, implication, or conflict between federal and state law | KP-0179 |
Bread weight standards under state law not preempted by federal labeling laws | JC-0007 |
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 | GA-0695 |
Concealed handgun, 18 U.S.C. § 926C, which authorizes a qualified retired law enforcement officer to carry, does not preempt Texas Occupations Code section 1701.357, which provides a means by which some retired peace officer may obtain the proficiency certification required under federal law | GA-0564 |
Currency Exchange Act may not be enforced on Kickapoo Indian Reservation because incompatible with federal and tribal interests | DM-0442 |
Designated engineering representative appointed by Federal Aviation Administration need not be licensed as a Texas professional engineer unless engaged in practice of engineering in Texas outside scope of federal designation | GA-0955 |
Eminent domain, federal government's power of is superior to state's right to control land within state's borders | LO96-122 |
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 | JC-0390 |
Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from Canada | GA-0384 |
Federal law preempts state regulation of intrastate ground transportation of packages by carriers that operate integrated air-ground delivery services | LO93-112 |
Federal prisoners incarcerated in private facilities located in Texas, federal regulation of facilities pursuant to contract | LO96-151 |
Federal regulation permitting housing authorities to administer "portable" rent subsidies outside of their jurisdiction expressly preempts state law | DM-0434 |
Horsemeat exported abroad, the application of transportation ban to foreign corporation transporting horsemeat through Texas is not likely preempted by section 1553 of the Tariff Act of 1930 | GA-0623 |
Immigration status does not exempt person from generally applicable state licensing scheme | JC-0566 |
Inconsistent state laws, although Texas law grants legal guardians the right of care, control, and protection of their wards, the Supremacy Clause requires inconsistent state laws to yield to valid federal laws and regulations | JC-0461 |
Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than | GA-0331 |
Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities preempted by federal law | JC-0052 |
Medical Device Amendments of 1976 to Federal Food, Drug, and Cosmetic Act of 1906, subsections 402.451(a)(6) and 402.451(a)(7) of Occupations Code expressly preempted by | GA-0525 |
Motor carriers of property, whether 49 U.S.C. § 14501(c) governing state authority over motor carriers preempts state law providing for residential delivery company employee background checks | GA-0183 |
Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department of Human Services to delete certain information from | DM-0040 |
Regulation of kinesiotherapy in Texas by Board of Physical Therapy Examiners not pre-empted by federal law, and kinesiotherapists not subject to registration by Texas Department of Health | LO98-019 |
Section 7209(b) of Public Law 108-458, enhanced driver's license issued under section 521.032 of the Transportation Code is not preempted under federal law when it conforms to | GA-0598 |
Securities, federal law restricting the sale of unregistered preempts state law requiring the comptroller to sell at public sale unclaimed unregistered securities only if the comptroller would be an underwriter by doing so | GA-0309 |
Service credit, statute prohibiting disabled members of Teacher Retirement System over 60 years of age from curing disability and earning additional credit preempted by federal age discrimination statute | DM-0154 |
State law, federal law supersedes if the two laws actually conflict | JC-0045 |
State statutory duty to disclose information in light of possible federal constitutional or statutory privilege | GA-1095 |
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 | GA-0732 |
USA Patriot Act of 2001 does not preempt Texas statute restricting access to magnetic stripe information on driver's licenses | JC-0540 |
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 | GA-1020 |