| LICENSES, CERTIFICATES, AND PERMITS |
| "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 | KP-0127 |
| 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 | GA-0803 |
| Acts listed under section 9A of article 6573a, Revised Civil Statutes, Real Estate License Act, employees of registered corporation or business entity who act as agents in third party transactions may not lawfully perform unless licensed, exempt, or regis | LO98-119 |
| Building permits, home-rule municipality generally may limit number of residential permits issued in specified time period | JC-0142 |
| Control over licensed premises, under the Alcoholic Beverage Code two manufacturer's licensees may not alternate | LO98-032 |
| 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 | JC-0126 |
| Conviction may be basis for denial or revocation of child-care facility license | JC-0130 |
| 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 | KP-0127 |
| Criminal history evaluation letter, licensing agency’s authority to obtain information regarding a potential applicant seeking a | GA-0759 |
| 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 | GA-0975 |
| Elevator, escalator, and related equipment must meet regulatory standards unless located in building other than commercial establishment (Modified by Tex. Att'y Gen. LO-96-045) | LO94-096 |
| Employees of corporations and other business entities who act to acquire or dispose of property on behalf of their employer, licensing and registration requirements of Real Estate License Act do not apply to | LO98-119 |
| Filing fee, justice court authority to charge a fee for filing a petition applying for an occupational driver's license | GA-1044 |
| Forensic Science Commission's accreditation authority over postmortem toxicological analysis | KP-0188 |
| 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 | KP-0127 |
| Historic or existing use permits - scope of authority of groundwater conservation districts concerning such permits in specific circumstances | KP-0216 |
| 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 | GA-0654 |
| Investor in racetrack with pari-mutuel wagering must be licensed by Racing Commission | LO93-044 |
| Licensed Specialist in School Psychology, authority to use "Nationally Certified School Psychologist" as a professional descriptor | GA-0897 |
| Licensing and certification of real estate appraisers, chapter 1103 of the Texas Occupations Code regulates
Rules that are more stringent than the Uniform Standards of Professional Appraisal Practice, chapter 1103 of the Occupations Code subjects appraisers to the Uniform Standards of Professional Appraisal Practice and Board rules
If the Uniform Standards of Professional Appraisal Practice or Board rules regulate a particular task that appraisers might perform, chapter 1103 of the Occupations Code would require appraisers to comply with those regulations
Subject to judicial review, the Board may determine whether the Uniform Standards of Professional Appraisal Practice or Board rules regulate particular tasks that appraisers might perform | GA-0911 |
| Marriage license requirements, constitutionality of oath regarding child support obligations | DM-0384 |
| Motor fuel, distributor of must pay fee under article 8614, section 9(b), Revised Civil Statutes, but only distributor of motor fuel containing ethanol or methanol must pay under section 9(c) | JM-1256 |
| Notary public, it cannot be determined whether a notary public is a state officer under chapter 603 of the Texas Government Code | GA-0886 |
| 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 | KP-0190 |
| Private psychiatric hospitals offering chemical dependency treatment and licensed by Department of Health, exemption from licensing by Commission on Alcohol and Drug Abuse | LO94-032 |
| Private psychiatric hospitals offering chemical dependency treatment, transfer of licensing authority from Department of Mental Health and Mental Retardation to Department of Health | LO94-032 |
| 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 | GA-0289 |
| Provisional licensee, Funeral Service Commission cannot by rule allow a licensed embalmer or funeral director to provide personal supervision to provisional licensee merely by being present on the premises | LO98-042 |
| Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in | GA-0367 |
| Shampoo apprentice permit holder who operates within permit's terms is not practicing cosmetology without license | GA-0168 |
| Social security number, licensing agencies' authority to refuse to renew license by reason of licensee's failure to disclose | DM-0286 |
| Social security numbers of its licensees or applicants, the Board of Physical Therapy Examiners may not provide to a national organization of licensing authorities | GA-0914 |
| 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 | DM-0016 |
| Business Entities |
| Cosmetologist who rents a booth in a licensed shop as an independent contractor | LO90-087 |
| Driving safety school with conditional license need not apply for new license | DM-0386 |
| 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 | GA-0274 |
| License, corporate applicant's eligibility for bingo manufacturer's or distributor's | GA-0186 |
| Liquor license applications, district clerk or county commissioner are county officers to whom county judge may delegate authority to hear | LO98-030 |
| Nonprofit cemetery association that wishes to sell grave vaults to members must have permit from Banking Department of Texas | LO96-115 |
| Personal-care institution, residential facility that provides health or personal-care services in cooperation with a licensed home-health agency may need to be licensed as a | LO90-085 |
| Racetrack licenses, background investigations not required for reinstatement of | LO92-001 |
| Racetrack licenses, reinstatement provisions for are applicable to persons whose licenses were both expressly and constructively revoked | LO92-001 |
| Special hospitals are not authorized to provide surgical and obstetrical care | LO96-071 |
| Tow truck, person may not operate unregistered for compensation | JM-1168 |
| Fees and Taxes |
| Bail bond board may not charge fee for each bail bond executed by licensed bondsman | LO90-025 |
| Bingo games, Alcoholic Beverage Commission may not waive fee for small prizes in | DM-0062 |
| 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 | DM-0110 |
| By providing that a fee shall be remitted, the Texas Advertising Fee Statute imposes a requirement upon purchasers of outdoor cigarette advertising | GA-1020 |
| County bail bond board, fees collected by and placed in county general fund may be used only to administer and enforce Bail Bond Act | LO94-068 |
| Engineers employed by federal government not required to register, fee increase for registration does not impact | LO96-039 |
| Impact fees, municipal water rights fees as | GA-0482 |
| 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 | DM-0092 |
| 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 | GA-1045 |
| New tax credit in House Bill 500 of the 83rd Legislature is not limited to taxable entities, thus it may be claimed and transferred by an entity that owns a rehabilitated certified historic structure even if the entity is not subject to the franchise tax | GA-1045 |
| Private Security Act fees do not apply to Texas churches providing volunteer security services pursuant to Occupations Code section 1702.333 | KP-0176 |
| 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 | GA-1013 |
| Underground water conservation district may not impose fee in connection with permitting or registering wells | DM-0022 |
| Licensing Agencies' Authority |
| "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 | KP-0107 |
| 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 | KP-0107 |
| 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 | KP-0107 |
| 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 | KP-0107 |
| Audits of continuing education courses, Real Estate Commission may adopt rule permitting it to conduct unannounced | JM-1236 |
| Bail bond board may not require applicant to provide title insurance or title option | LO97-102 |
| Bankruptcy proceeding, Racing Commission may revoke racetrack license if licensee has been subject to | LO92-078 |
| 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 | JC-0051 |
| 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 |
| 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 | KP-0107 |
| 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 | GA-0748 |
| Department of Transportation may issue permits for overweight vehicles | DM-0028 |
| Dirt bikes, Department of Public Safety does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes | JC-0416 |
| Disciplinary proceedings against licensee indicted but not convicted of felony, a state board may not bring | DM-0068 |
| Elevators in industrial facilities, private homes, and residential facilities inhabited by members of religious orders, Department of Licensing and Regulation's authority to regulate | LO96-045 |
| Examinations for professional licensing, state examiner's duty to accommodate disabilities under Federal Americans with Disabilities Act | JC-0050 |
| 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 |
| 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 | JC-0566 |
| 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 | DM-0499 |
| 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 | KP-0107 |
| 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 | JM-1278 |
| 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 | JC-0241 |
| 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 | GA-1065 |
| 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 | GA-1065 |
| Lottery Commission may not renew license to conduct bingo games or license to sell lottery tickets if application not timely submitted | JC-0064 |
| Medical licensure by reciprocity, authority of State Board of Medical Examiners to adopt examination rule | LO98-025 |
| Persons exempted from licensing as air conditioning and refrigeration contractors, Department of Licensing and Regulation does not have authority to promulgate rules adding new exceptions permitting such persons to purchase refrigerant products (Withdra | LO98-010 |
| Pesticide applicator license, determination of what exclusions from coverage are acceptable in bonds or insurance policies for requires determination of fact questions by Department of Agriculture | LO90-017 |
| 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 | GA-0159 |
| Racetrack license held by corporation, Racing Commission may reinstate if new owner of corporation was not associated with corporation that formerly owned racetrack | LO92-078 |
| 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 | GA-0748 |
| Residential service contracts governed by article 6573b, Revised Civil Statutes, persons offering must be licensed with the Texas Real Estate Commission | JC-0322 |
| Revoke professional license upon licensee's felony conviction, circumstances in which a licensing agency must | GA-0064 |
| Rule to temporarily extend the expiration date of bail bond surety licenses, a bail bond board does not have authority to promulgate or implement | GA-0575 |
| 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 | KP-0107 |
| Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Texas Department of Licensing and Regulation | JC-0322 |
| 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 | JC-0049 |
| Suspend license temporarily without a hearing, due process requirements | DM-0414 |
| 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 | KP-0080 |
| Occupational and Professional Licenses |
| "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 | GA-0239 |
| Accounting firms with owners who are not certified public accountants, authority to incorporate under Texas Business Corporation Act or Texas Limited Liability Company Act | JC-0536 |
| 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) | GA-1019 |
| Air conditioning and refrigeration contractor licensed by Department of Licensing and Regulation, city may not impose local licensing taxes, occupation taxes, or bond requirements on | JM-1195 |
| Air conditioning and refrigerator maintenance, persons exempt from licensing requirements by state law are also exempt from licensing by municipal ordinance | LO97-043 |
| Aircraft crash and rescue personnel employed by Adjutant General are not subject to certification by Commission on Fire Protection Personnel Standards and Education | LO90-082 |
| 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 | JM-1273 |
| 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 | GA-0414 |
| Applicant for a real estate inspector’s license must carry liability insurance, and the Texas Real Estate Commission lacks authority to waive that requirement | GA-0932 |
| 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 | GA-0285 |
| Athletic trainer working in physical therapy clinic not subject to regulation as physical therapy aide if working under delegated authority of a physician | LO92-006 |
| Athletic trainer, no one, including a coach, may perform as unless licensed | DM-0388 |
| Athletic trainers, scope of term "physician" in statute licensing | DM-0021 |
| Bail bond board, to act as bail bondsman in that county a person must be licensed by county's | DM-0059 |
| 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 | JC-0366 |
| Bail bondsman, dual licensing as individual and agent for corporate surety; financial statement requirement for corporate surety | LO96-019 |
| Barbering, inmate who performs during period of incarceration is exempt from barber licensing requirements | LO90-026 |
| Bingo manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company | GA-0563 |
| Boxing promoter, cable television company charging pay-per-view fee for live simulcast of boxing match is not | DM-0110 |
| Certification or licensing fees, First and Fourteenth Amendments of United States Constitution do not preclude the state from imposing | LO94-047 |
| Certified Public Accountant, individual whose license has been expired for two years or more must obtain a new license but not a new certificate | GA-0159 |
| Chemical dependency counselor, authority of Commission on Alcohol and Drug Abuse to investigate for alleged violations of licensing provision occurring before effective date of provision | LO94-013 |
| Comprehensive complaint investigations, whether company offering must be licensed by Texas Board of Private Investigators and Private Security Agencies | LO98-005 |
| Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription Act | LO98-110 |
| Corporate bail bond sureties must apply for separate licenses and deposit separate security for each agent in a county | GA-0165 |
| 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 | DM-0499 |
| County Auditor who is a certified public accountant may ethically perform an audit under section 775.082 of the Health and Safety Code | GA-0711 |
| 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 | DM-0058 |
| Court reporting firms, registration of | JC-0096 |
| 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 | GA-0748 |
| Driving instructor for private, nonprofit corporation must comply with statutory requirements for such instructions | JM-1272 |
| 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 | GA-1087 |
| Emergency medical technician may not perform services within scope of athletic trainer's license | LO92-006 |
| 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 | JC-0525 |
| Employees of bail bondsmen, board rule imposing restrictions on employment beyond those established by statute exceed authority of bail bond board | GA-0895 |
| 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 | GA-0287 |
| Engineers, authority to engage in comprehensive and complete building design of a project without the involvement of an architect | GA-0391 |
| Engineers, Canadian or Mexican nationals seeking license may not be denied license solely because not United States citizens or permanent residents | JC-0051 |
| 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 | JC-0280 |
| Examination fee for physical therapist license or physical therapist assistant license applicant may not be submitted directly to examination provider | JC-0344 |
| Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to jurisdiction of Board of Examiners of Psychologists once he or she becomes licensed or certified as psychologist | JM-1247 |
| Exemption from professional fees imposed under the Texas Public Accountancy Act, a certified public accountant, employed by the Brazos River Authority, who holds a license under the Act may claim | GA-0811 |
| 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 |
| Expired chiropractic license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial license | GA-0020 |
| Felony conviction, licensing agency's authority to deny or revoke professional license upon | GA-0064 |
| 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 | DM-0050 |
| 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 | JC-0566 |
| 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 | GA-0465 |
| Funeral directors and embalmers, Funeral Service Commission may not adopt a rule prescribing requirements for reciprocal licensing of | LO98-108 |
| Hepatitis, Cosmetology Commission may not, consistent with the Americans with Disabilities Act, refuse to license person with hepatitis if otherwise qualified | DM-0499 |
| Increase in initial registration fees for professional engineers, applicants must pay $200 increase even if exempted from registration | LO92-083 |
| Landscape architects not exempt from competitive bidding under Professional Services Procurement Act | LO90-067 |
| 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) | DM-0210 |
| Legislator may represent person in administrative license revocation hearing only if legislator has previously represented person in criminal proceeding arising out of same facts | GA-0170 |
| Letter of credit as cash equivalent, applicant for license to execute bail bonds may satisfy statutory financial security requirement by submitting | JM-1245 |
| Licensed professional engineer, county commissioners court authorized to hire road administrator under section 252.304 where unable in fact to employ | GA-0473 |
| Licensee who is indicted but not convicted of felony, state board may not bring disciplinary proceedings against | DM-0068 |
| 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 | GA-0382 |
| Lottery Commission may not accept as security a bingo licensee's nonforfeitable, written promise to pay taxes and prize fees | LO93-117 |
| Massage therapy registration, procedure for obtaining after conviction of practicing without | LO93-085 |
| Medical license examination, applicants must complete within a mandatory time period | GA-0285 |
| Medicine, applicant for license to practice who was trained at international institution accredited in specialty but not in particular subspecialty may be denied license | GA-0050 |
| Nonrenewal of professional license for nonpayment of student loan must be preceded by notice and hearing | LO90-105 |
| Notary public may use any of three methods to prove acknowledgment of written instrument | LO92-062 |
| 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 | GA-0733 |
| 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 | DM-0201 |
| 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 | GA-1025 |
| 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 | GA-1025 |
| Peace officer or county jailer license may not be granted to convicted felon who has successfully completed his or her probationary term but who has not subsequently proven his or her innocence | LO93-053 |
| 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 | JC-0548 |
| Persons exempted from licensing as air conditioning and refrigeration contractors, Department of Licensing and Regulation does not have authority to promulgate rules adding new exceptions permitting such persons to purchase refrigerant products (Withdra | LO98-010 |
| Physical therapist may perform services within scope of athletic trainer's license as long as services are also within scope of a physical therapy license | LO92-006 |
| Physical therapy, professional corporation offering cannot hire licensed occupational therapist as employee | LO90-051 |
| Plumbing license, person who performs plumbing work incidental to employment as maintenance worker need not obtain | LO90-057 |
| Plumbing, city employees who are not licensed or not exempt from licensing requirements may not perform plumbing work | LO97-046 |
| Polygraph examiners unauthorized to describe self as forensic psychophysiologist | LO94-014 |
| Preventive services at a sporting event, whether licensed physical therapist or emergency medical technician may perform depends upon nature of services and authority under which individual is performing such services | LO92-006 |
| Private investigator, exemption from licensure as for peace officer directly employed by recipient of security services | DM-0287 |
| Private Security Act, exemption for repossession agents | GA-0800 |
| Probationary law license, whether Board of Law Examiners may refuse to recommend issuance of to chemically dependent person | LO96-088 |
| Professional engineer's seal is assurance that a plan, specification, or other related document was prepared by a professional engineer | GA-0439 |
| 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 | GA-0439 |
| 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. | JC-0321 |
| Psychologist's license necessary to practice psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation | DM-0321 |
| 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 | JM-1139 |
| Radiologic technologist certification, authority of physician's employee who is not a certified radiologic technologist to perform sinus and skull x-rays | LO96-101 |
| Radiologic technologist registration does not constitute a license | LO96-077 |
| Radiologic technologists, authority of Board of Health to adopt rules establishing class of certification for students to permit them to perform dangerous and hazardous procedures | LO96-125 |
| Real estate appraisers, authority to complete valuation conditions form for FHA appraisals | JC-0271 |
| 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
| GA-0748 |
| Real estate inspector licensing requirement that applicant have completed a certain number of supervised inspections likely to survive constitutional challenge | LO92-059 |
| Reserve peace officer may not perform as a guard company unless licensed by Board of Private Investigators and Private Security Agencies | LO93-115 |
| Residential appliance installer, authority to work on pools | GA-0825 |
| Rules applying same licensure and other requirements to peace officers and public security officers, authority of Commission on Law Enforcement Standards and Education to adopt | LO94-015 |
| 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 | GA-0919 |
| Sex offender treatment provider, necessity for licensing | GA-0423 |
| Social workers, person originally licensed without examination whose license has expired for more than year applying for new license not subject to examination | JC-0049 |
| Specialists in real-time captioning, authority of Court Reporters Certification Board to certify | JC-0573 |
| 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 | GA-0614 |
| Structural pest control license, whether municipal employee must obtain | DM-0190 |
| Tax appraisers, assessors, and collectors, Board of Tax Professional Examiners may classify and may forbid practitioners to use improperly possessed title | LO93-101 |
| 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 | GA-0258 |
| 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 | JC-0467 |
| 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 | KP-0080 |
| Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing | DM-0414 |
| Veterinary Medical Examiners Board's authority to collect a professional fee in addition to examination fees and licensing fees | LO95-044 |
| Winery permit holder, no gallonage limit on sale of wine | DM-0306 |
| Premises Licenses |
| 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 | JM-1278 |
| Lease and sublease of bingo premises, when lessor and sublessor must hold commercial lessor's license | LO93-099 |
| Liquor license applications, county judge may not delegate authority to hear to county court at law judge | LO97-054 |
| Pharmacy license, automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist | JC-0186 |
| Security for costs to contest application for beer license, county is not required to give | LO92-025 |