STATE BOARDS, COMMISSIONS, DEPARTMENTS |
Advisory committee, state agency's authority to create may be express or implied (Modifies Tex. Att'y Gen. LO-98-009 to the extent of conflict) | JC-0189 |
Attendance by a quorum of the members of the board of a state governmental body at a legislative hearing is subject to the Open Meetings Act. | JC-0308 |
Certain boards or commissions that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a of Texas Constitution | GA-0021 |
Code of Criminal Procedure article 38.01 governing the Texas Forensic Science Commission does not limit any investigative authority that may be vested in the Science Advisory Workgroup created by the State Fire Marshal's Office. | GA-1048 |
Common-law conflict-of-interest rules prohibiting member of State Soil and Water Conservation Board from receiving $15,000 in financial assistance through a program administered by the agency are not abrogated by Government Code subsection 2261.252(e) | KP-0259 |
Concealed handguns, whether governmental entity may prohibit carrying on its premises by posting notice under criminal trespass statute | LO95-058 |
Contingent fee contract with law firm, authority of state agency to enter into | LO96-0124 |
Deference to agency interpretation, Texas courts defer only when the agency adopts the construction as a formal rule or opinion after formal procedures and only upon finding an ambiguity exists in the statute and that the construction is reasonable and consistent with the plain language | KP-0115 |
Determination as to whether board or commission is advisory must be made by examination of constitutional and statutory provisions which created board or commission and which conferred duties on them | GA-0021 |
Evidence tested or offered into evidence prior to effective date of enabling Act (Sept. 1, 2005), the Forensic Science Commission may conduct investigations of incidents that occurred before Act’s effective date but it is prohibited from considering | GA-0866 |
Evidentiary provisions of article 38.01, Code of Criminal Procedure, do not limit a report of the Science Advisory Workgroup created by the State Fire Marshal's Office. | GA-1048 |
Exemption under section 104.202 of Utilities Code, state agency must contract to use annual average of 100 Mcf per day of natural gas in order to quality for the | GA-0610 |
Fee, Animal Health Commission is not authorized to charge for reviewing and processing health certificates after their completion by a private practitioner | GA-0191 |
Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of "forensic analysis" found in section 38.35(a)(4), is generally subject to Forensic Science Commission investigation, assuming all other statutory requirements are satisfied | GA-0866 |
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 | KP-0127 |
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 | KP-0127 |
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 | KP-0127 |
Forensic Science Commission - Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information. | KP-0055 |
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 |
Forensic Science Commission’s investigative authority is limited to those laboratories, facilities, or entities that were accredited by the Department of Public Safety at the time forensic analyses took place | GA-0866 |
Funds received by the Texas Health Services Authority from the dissolution of the Texas Health Insurance Risk Pool are public funds subject to the Public Funds Investment Act | KP-0142 |
Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96) | DM-0346 |
Neither Government Code chapter 417 nor Opinion GA-0866 limits the State Fire Marshal's office from investigating and making findings on closed arson cases | GA-1048 |
Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University Board of Regents from employing spouse of university president | GA-0073 |
Officeholder contributions, whether law firm expenditures relating to state agency litigation constitute | LO96-124 |
Physician Health and Rehabilitation Advisory Committee members are not public officers for purposes of indemnification under Civil Practice and Remedies Code | KP-0243 |
Physician Health and Rehabilitation Advisory Committee members are public officials for purposes of Civil Practice and Remedies Code chapter 108 liability limits | KP-0243 |
Political advertising, whether law firm expenditures for advertising relating to state agency litigation constitute | LO96-124 |
Property insurance, state agencies not authorized to purchase without specific legislative authorization | DM-0197 |
Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code | GA-0073 |
River authority, status as a state agency | GA-0079 |
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 |
Single "primary function," the Medicaid and Public Assistance Fraud Oversight Task Force does not have a single primary function, and thus, chapter 2110 of the Government Code is not applicable to it | GA-0889 |
State Bar of Texas board of directors is the governing and policy-making body within the State Bar. To the extent that State Bar board of directors policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceable | GA-0995 |
State Bar of Texas is an administrative agency of the judicial department that aids the Texas Supreme Court in the court's regulation of the practice of law in Texas | GA-0995 |
State Bar of Texas, Texas Supreme Court exercises administrative control over and promulgates rules which govern the State Bar | GA-0995 |
State Fire Marshal's Office - Article 38.01 of the Code of Criminal Procedure, governing the Texas Forensic Science Commission, does not limit any investigative authority that may be vested in the Science Advisory Workgroup created by the State Fire Marshal's Office | GA-1048 |
State Fire Marshal's Office - Attorney General Opinion GA-866 construes only Code of Criminal Procedure article 38.01, pertaining to the Texas Forensic Science Commission, and does not limit any authority of the Science Advisory Workgroup created by the State Fire Marshal's Office | GA-1048 |
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 | KP-0080 |
Texas Facilities Commission's authority to exercise lease renewal options for agency office space | KP-0106 |
Tobacco Settlement Permanent Trust Account Investment Advisory Board, chapter 572 of Government Code relating to filing of personal financial statement is not applicable to board members of the | GA-0611 |
Volunteers providing services for state agencies without receiving compensation are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code | DM-0457 |
"Forensic analysis" has the precise meaning specified in the statutory language of article 38.35, Code of Criminal Procedure | GA-0866 |
A&M University System Board of Regents |
Common-law conflict of interest rules invalidate contract in which regent has a personal financial interest at time of contract formation, except where statute changes common law | GA-0351 |
Conflict of interest, common-law doctrine of precludes System from contracting with a law firm in which a regent is a partner and precludes payment for any work performed by firm | LO93-012 |
Videoconference call, authority to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000)) | DM-0478 |
Accountancy, State Board of Public |
Examination booklets, whether Board may withhold after exam | LO90-059 |
Acupuncture Examiners, Board of |
Titles used by acupuncturists, authority of Board to recommend to Board of Medical Examiners use of certain | DM-0336 |
Adjutant General |
Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency
| GA-0736 |
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 |
Assistant adjutant general is not a single state officer who governs a state agency under section 659.024(c), Government Code, and may accrue compensatory leave | GA-0736 |
Construction, repair, or maintenance contracts that are within the Texas Military Facilities Commission's exclusive authority, military facilities' exclusion from the Texas Building and Procurement Commission's duty to manage certain state facilities unde | GA-0200 |
Public security officer employed by Adjutant General may carry handgun on work premises but not while traveling to and from work | JM-1271 |
Administrative Hearings, State Office of |
Attorney's fees, State Office of Administrative Hearings has no authority to order Department of Human Services to pay in action to revoke nursing home's license | JC-0495 |
Hearing fee, if state prevails, SOAH should bill private contractor for; if private contractor prevails, SOAH should bill state agency unless agency is listed in Rider 7c to SOAH’s current appropriation | GA-0947 |
Licensing board required to use services of SOAH may not make its own findings of fact, conclusions of law, or vote on discipline but must receive proposal for decision from SOAH | DM-0231 |
Aging and Disability Services, Department of |
Authority to file Application for Placement under Health and Safety Code section 593.041
| GA-0507 |
Department's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official duties | DM-0173 |
State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearings | KP-0136 |
Texas Constitution, rider which requires Department to use standards, procedures, etc., of Department of Human Services contravenes | DM-0116 |
To the extent that agency rule expands services that an assisted living facility may provide to include nursing services that go beyond personal care services of the administration of medication, it is contrary to the statute and agency has exceeded its authority in promulgating it | GA-0742 |
Volunteer ombudsman intern, immunity from suit and authority of attorney general to represent | DM-0206 |
Agricultural Finance Authority |
Administrative expenses incurred on behalf of Authority, bond proceeds from Texas Agricultural Fund may be used to reimburse Department of Agriculture for | DM-0255 |
Linked deposit contracts, bank that employs board member of Authority may not participate in as contracts would be invalid under common-law conflict of interest rules | LO97-052 |
Resolution, affirmative vote of three members of board of Authority sufficient to pass when three members constitute majority of quorum of board | JC-0267 |
Agriculture, Department of |
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 | GA-0289 |
Department of Agriculture may not add burdens, conditions, or restrictions beyond those imposed by statute | KP-0193 |
Horse slaughter in Texas with meat intended for human consumption, Department has no authority to prosecute | JC-0539 |
Pesticide applicator license, determination of what exclusions from coverage are acceptable in bonds or insurance policies for requires determination of fact questions by Department | LO90-017 |
Rider concerning money reverting to Department under agreement with United States Department of Agriculture is invalid to the extent inconsistent with general law | DM-0145 |
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 | GA-0289 |
Air Control Board |
Motor vehicle inspection station audits, whether Board investigator may tamper with vehicle's pollution control equipment | LO90-076 |
Air National Guard, Texas |
Termination of officer from Texas Air National Guard, validity of regulation authorizing | JC-0265 |
Aircraft Pooling Board |
Airport facilities on leased property, authority of board to build | LO97-078 |
Airport, authority to own and operate for use of state aircraft | DM-0436 |
Alcohol and Drug Abuse, Commission on |
Chemical dependency counselor, authority of Commission to investigate for alleged violations of licensing provision occurring before effective date of provision | LO94-013 |
Private psychiatric hospitals offering chemical dependency treatment and licensed by Department of Health, exemption from licensing by Commission | LO94-032 |
Reports of investigation of abuse or neglect at drug treatment center are statutorily excepted from required public disclosure | JM-1178 |
Alcoholic Beverage Commission |
Bingo Enabling Act, reorganization of Commission that would assign personnel both bingo and non-bingo duties in substantial compliance with | LO92-038 |
Bingo games, Commission may not waive fee for small prizes in | DM-0062 |
Commissioner is subject to Open Meetings Act and may not attend and participate in meeting via live video transmission | DM-0207 |
Failure to request proper identification, Commission has no authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because of | DM-0115 |
Gambling offense, Commission has rulemaking and statutory authority to regulate permittees and licensees found to have engaged in | DM-0466 |
Investment in business engaged in sale of alcoholic beverages, Commission member may not make | DM-0310 |
Licensing, authority to issue manufacturer's licensee for premises to be shared with another licensee | LO98-032 |
Machine that dispenses alcoholic beverages by means of a PIN number, Commission may not authorize | LO98-107 |
Rulemaking authority, Commission has | LO90-005 |
Telephone call accounting system used by Commission to detect employee misuse of telephone, fact question whether it is a "pen register" | LO93-103 |
Anatomical Board |
Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Board to reciprocate | JC-0583 |
Cadavers willed or otherwise donated to named institutions under chapter 691 of the Health and Safety Code are subject to distribution by Board, while those donated under Anatomical Gift Act are not | JC-0583 |
Cadavers, fees charged by institutions transferring cadavers to third party not subject to regulation by Board | JC-0583 |
Animal Health Commission |
Conveyance of special equipment, General Appropriations Act authorizes Commission to purchase pickup trucks and trucks for | LO93-009 |
Appraiser Licensing and Certification Board |
Board is not authorized to promulgate additional education requirements for appraiser trainees | GA-0253 |
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 |
Architectural Examiners, Board of |
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 | GA-0064 |
Overlap between professions of architecture and engineering | DM-0161 |
Professional Services Procurement Act, Board has principal duty of enforcing against its registrants | JC-0266 |
Scholarship fund for architectural examination applicants, Board lacks statutory authority to enter into a contract with a private, nonprofit organization to select scholarship recipients and disburse scholarship awards | JC-0244 |
Attorney General - Opinion Authority |
Advisory in nature and not binding on courts, attorney general opinions are | GA-0115 |
Bond ordinance (municipal), Attorney General cannot construe | LO98-058 |
City charter provision will not be construed by this office unless it implicates a question of federal or state law | GA-0356 |
Contracts, office does not review or construe | LO98-060 |
Contractual instruments, including easements, attorney general does not construe in attorney general opinions | DM-0420 |
Court order or subpoena, attorney general will not construe or overrule in an attorney general opinion | LO93-074 |
Court order, attorney general opinion will not review | GA-0772 |
Court order, attorney general will not consider appeal of | LO92-039 |
Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinion | JC-0406 |
Fact question whether telephone call accounting system is a "pen register" cannot be resolved in opinion | LO93-103 |
Fact question, whether reflexology constitutes massage therapy | LO93-085 |
Judicial opinion, attorney general will not reverse in an attorney general opinion | LO93-074 |
Judicial order, attorney general will not consider the propriety or validity of in opinion | LO95-051 |
Junior college district trustees are not authorized requestors of attorney general opinion | DM-0020 |
Municipal charters, ordinances, or policies are not construed by opinions, except as to possible conflicts with state or federal statutory or constitutional law | LO93-042 |
Opinion is presumed to state law unless modified or overruled by subsequent attorney general opinion, statutory amendment, or judicial decision | LO93-080 |
Prospective application, Attorney General Opinion JM-1161 will have only | JM-1179 |
Attorney General, Office of the |
Administrative litigation information, determination as to whether information should be withheld from inspection is made by agency attorney subject to review by attorney general | LO94-069 |
Court-appointed volunteer advocate program for abused and neglected children, Attorney General's authority to contract with one statewide organization to administer and subcontract services for | LO93-082 |
District judge, state not required to pay for defense of judge who retains private counsel without prior approval of Attorney General | JC-0047 |
Local Government Code section 229.001 may be enforced by the Attorney General | KP-0252 |
Peace officers' memorial fund, authority to enforce as charitable trust | LO96-038 |
Physician Health and Rehabilitation Advisory Committee members are not public officers for purposes of representation and defense by Office of Attorney General | KP-0243 |
State agency contingent fee contracts with law firms, attorney general authorized to negotiate and approve | LO96-124 |
Volunteer Department on Aging ombudsman intern, immunity from suit and authority of attorney general to represent | DM-0206 |
Authority and Duties |
Authority and process for removing historical plaques in the Texas Capitol Complex | KP-0224 |
Partnership Advisory Commission is generally not subject to the Open Meetings Act | GA-0999 |
Automobile |
Open Meetings Act, whether applicable to Automobile Insurance Plan Association | LO95-067 |
Automobile Theft Prevention Authority |
Insurers, Texas Automobile Theft Prevention Authority may not assess fee on other than those writing "motor vehicle insurance" policies | GA-0179 |
Programs, Automobile Theft Prevention Authority may not fund those programs that relate to theft of self-propelled farm or construction equipment, or boats and aircraft; it may establish a program to prevent self-propelled farm and construction equipment | GA-0179 |
Single interest policies, Authority may not by rule exempt from statutory fee | JC-0166 |
Banking Department of Texas |
Cancellation of prepaid funeral benefits contracts, amendatory language of section 154.155 of Finance Code which entitles purchaser to refund of half the earnings generated by payments made applies only to trust-funded prepaid funeral benefits contracts a | JC-0477 |
Currency Exchange Act, Department may not enforce on Indian reservation | DM-0442 |
Department may hire son of Finance Commission member because Banking Commissioner's hiring decisions are not subject to control of Finance Commission | JM-1175 |
Disposition of decedent's remains, modification of instructions in a preneed funeral services contract | JC-0279 |
Finance Commission part-time executive director, common-law doctrine of incompatibility does not prevent Commissioners of Banking Department, Savings and Loan Department, or Consumer Credit Commission from serving as | LO92-070 |
Funeral provider’s inference from purchases made in prepaid funeral benefits contract does not satisfy statutory requirement for written directions | KP-0232 |
Nonprofit cemetery association that wishes to sell grave vaults to members must have permit from Department | LO96-115 |
Prepaid funeral benefits contract as written directions for disposition of beneficiary's remains | KP-0232 |
Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizations | JC-0417 |
Prepaid funeral contract: Method of disposition for purchaser’s remains specified therein may not be changed by holder of statutory durable power of attorney | GA-0720 |
Receiver, funds controlled by Commissioner in capacity as are not public funds that Commissioner may invest under Public Funds Investment Act | DM-0489 |
Travel advances, Commissioner may not invest under Public Funds Investment Act because not authorized by statute | DM-0489 |
Barber Examiners, State Board of |
Barber school tuition protection account, claims for unused tuition against not limited by source of tuition | GA-0092 |
Booth rental permit requirement exceeds Board's authority | LO92-065 |
Hair and beard, Board has authority to distinguish between for purposes of enforcing provisions in Occupations Code | JC-0211 |
Hair and beard, distinction between not void for vagueness on its face; but Board should clarify by rule to avoid vagueness problem in applying statute | JC-0211 |
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 |
Blind, Commission for the |
Federal Randolph-Sheppard Act, Commission may not impose costs for furnishing information to its licensees under | GA-0180 |
Vending facilities on federal property, Commission may contract with federal government to operate without violating state constitutional limitations on use of public funds | JC-0489 |
Vocational rehabilitation services, defined as services Commission determines are necessary to compensate blind individual so that individual may engage in remunerative occupation, Commission is charged to provide | JC-0470 |
Board of Education, State |
Available school funds appropriated in rider 38 of 2002-03 biennial appropriation to Texas Education Agency for internal costs and for external management of permanent school fund, whether contingent, pursuant to rider 90, on fund producing $150 million | GA-0016 |
Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532 | KP-0005 |
Rule proposed by Board impinging on specifically delegated power of Texas Education Agency with respect to test development is invalid | JC-0478 |
Building and Procurement Commission |
Construction, repair, or maintenance contracts that are within the Commission's exclusive authority, military facilities' exclusion from the Texas Building and Procurement Commission's duty to manage certain state facilities under section 2165.007 of the | GA-0200 |
Charitable Campaign Policy Committee, State Employee |
Policy committee and related local committees are subject to Open Meetings and Open Records Acts; advisory committee is subject to Open Records Act but not Open Meetings Act | LO94-064 |
Children's Trust Fund of Texas Council |
Expenditures from Children's Trust Fund limited to funds appropriated by legislature | LO96-047 |
Chiropractic Examiners, Texas Board of |
Educational requirements, authority of Board to determine whether license applicant has completed required college courses from a "school other than a chiropractic school" | GA-0487 |
Expired license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial license | GA-0020 |
Professional title, Board is authorized to promulgate rule permitting its licensees to use the title "chiropractic physician" | JM-1279 |
School of chiropractic, authority to determine whether bona fide and reputable | JM-1148 |
Coastal Coordination Council |
Gubernatorial appointments, necessity of advice and consent of the senate | LO95-024 |
State or district office, whether council member holds | LO95-024 |
Commerce, Department of |
Conflicts of interest, whether employee or officer may have an interest in a nonprofit business | LO93-052 |
Immunity from personal liability, whether director of statewide certified development corporation created by Department has | LO95-040 |
Commission on the Arts, Texas |
Peer Advisory Review Panel of Commission on the Arts not subject to Open Meetings Act, because members of panel are consultants rather than commission members (Overrules Tex. Att'y Gen. LO-89-001) | LO90-033 |
Comptroller of Public Accounts |
Alcoholic beverage reports, information from, that is required to be furnished to authorized persons under section 111.006, Tax Code, must identify the retailers to whom the alcoholic beverages are sold | GA-0964 |
Authority of Comptroller to investigate state agencies | GA-0427 |
Claim for compensation for wrongful imprisonment, comptroller may approve when wrongful imprisonment was served concurrently with a sentence for an unrelated offense that was served in prison solely because of the wrongful conviction
| GA-0531 |
Comptroller's authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the Major Events Trust Fund statute | GA-1052 |
Database of state expenditures, Comptroller must establish and publish | GA-0572 |
Delinquent 9-1-1 emergency service fees, authority to collect | JC-0284 |
Discloser of taxpayer information, authority of Comptroller to release information regarding taxpayer's tax liability to supplement information available in state tax lien notice filed with a county clerk | GA-0028 |
District judges' salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential | GA-0099 |
Eligibility for funds from the Major Events Trust Fund, requirement of prior application to site selection organization by a local organizing committee, endorsing municipality, or endorsing county regarding | GA-0963 |
Federal Reserve notes constitute eligible collateral for repurchase agreements under chapters 404 and 2256 of the Government Code | GA-0469 |
Gain in overall funding to Texas Department of Transportation, whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium and absence of that transfer in 2010-2011 biennium results in a | GA-0777 |
Major Events Trust Fund, the Comptroller is required to follow the precise procedures described in section 5A, article 5190.14 of the Revised Civil Statutes before committing expenditure of funds from the | GA-0931 |
Motor fuel, under article 8614, section 9(b), Revised Civil Statutes, comptroller may collect fee from distributor of; under section 9(c) comptroller may collect fee only from dealer of motor fuel containing ethanol or methanol | JM-1256 |
Permanent school fund, whether comptroller may contract to pay consideration to person who informs state of its claim to recover property of | DM-0316 |
Professional Services Procurement Act, Comptroller has principal duty of requiring state agencies to conform to | JC-0266 |
Property tax values used by Commissioner of Education to allocate foundation school program funds, duty to adjust if appeal of property tax liability results in five percent reduction of total taxable value of property in school district | JC-0002 |
Recovery of state agency's overpayment of compensation to employee | GA-0171 |
Refund of 9-1-1 emergency service fee imposed on wireless telecommunications connections, the Comptroller has authority to order but should abate an administrative proceeding to allow the Commission on State Emergency Communications to determine issues particularly within its expertise | GA-0401 |
Refunds, authority to grant requests for fees paid in error | LO98-049 |
Report on limitation agreements under Tax Code sections 313.008 and 313.032, contents of | GA-0686 |
Repurchase agreements under chapters 404 and 2256 of the Government Code, Federal Reserve notes eligible collateral for | GA-0469 |
Salary warrants, authority to withhold from state employees who default on guaranteed student loans | DM-0419 |
Statutory county court-at-law supplemental salary funds, Comptroller need not pay further monthly installments to county that withdraws from program mid-year but may not transfer withdrawing county's share of year-end excess funds to other counties that p | JC-0305 |
Taxable value of property in school district as determined by Comptroller's study does not include "captured market value" of property in tax increment district established under Urban Renewal Law | JC-0373 |
Texas Comptroller is without authority to selectively collect the sales tax approved in an election held under section 775.0751, Health and Safety Code, in only the territory in which the combined sales tax does not exceed the cap. | KP-0084 |
Texas Treasury Safekeeping Trust Company, comptroller may not invest state funds or TexPool funds held by in direct security repurchase agreement contracts that contemplate the possibility of cash as collateral | GA-0324 |
The Comptroller's conclusion that voters in areas annexed for limited purposes under Local Government Code section 43.0751 must be given the opportunity to vote on the imposition of fire control and crime control district taxes before a municipality my impose them on those areas is reasonable and will likely be shown deference by the courts. | GA-0987 |
Unauthorized pretrial diversion agreements, fees collected by counties and municipalities pursuant to are not taxes governed by chapter 111 of the Tax Code that must be remitted to the Comptroller pursuant to section 111.016 but rather property that must | GA-0061 |
Unclaimed unregistered securities, if the comptroller would be an underwriter by selling at public sale, she must sell consistently with federal law | GA-0309 |
Consumer Credit Commissioner |
Loan transactions for which Consumer Credit Commissioner is the appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to | JC-0513 |
Loan transactions subject to the regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to | JC-0513 |
Corn Producers Board |
Corn ensilage, authority to assess | GA-0049 |
Corrections, Department of |
Mineral interest, bill requiring Department to transfer certain tracts of state-owned land to Department of Highways and Public Transportation did not authorize Department to retain | JM-1170 |
Cosmetology Commission |
Business that styles hair, applies makeup, and takes portrait for a single fee is subject to Commission's licensing authority | LO92-064 |
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 | DM-0499 |
Independent contractor, whether cosmetologist who rents a booth in a licensed shop as an must be licensed as a beauty shop is a question of fact; Commission may regulate independent contractors differently than beauty shop operators generally if guideline | LO90-087 |
Public high school cosmetology training programs, authority of Commission to prescribe limitations on | LO95-037 |
Refunds to students withdrawing from schools licensed by Commission, calculation of | LO95-037 |
Shampoo apprentice permit, Commissioner's implementation of the statute establishing a | GA-0168 |
Counselors, Board of Examiners of Professional |
Complaints committee may consult with its attorney in closed meeting in certain circumstances | LO96-116 |
County and District Retirement System |
Distribution of extra interest to annuitants does not violate constitutional prohibition against grants of public funds | DM-0265 |
Court Reporters Certification Board |
Administrative Procedure and Texas Register Act, Board is not subject to | DM-0142 |
Application for certification filed prior to repeal of section 52.021(e) of the Government Code, Board may not continue to consider | DM-0058 |
Complaints against certified shorthand reporters, only Board authorized to file in district court | LO93-110 |
Complaints against certified shorthand reporters, professional association may file with Board through authorized agent | LO93-110 |
Content and style of complaint form and oath used to file complaint against certified shorthand reporter, Board must determine | LO98-075 |
Contractual arrangement between certified shorthand reporter and company, whether constitutes statutory violation requiring disciplinary action is determination for Board | DM-0102 |
Court reporting firms, registration of and application of rules to | JC-0096 |
Deposition upon oral examination must be taken by certified shorthand reporter despite rule of civil procedure authorizing another person to take | DM-0308 |
Deposition, recording of by tape recorder as primary or only method runs afoul of requirement that all depositions be recorded by certified shorthand reporter | LO93-110 |
Specialists in real-time captioning, authority to certify | JC-0573 |
Criminal Justice, Board of |
Construction company in which member of Board has financial interest through providing performance bonds and casualty insurance, Board may not contract with | LO97-072 |
County judge and member of Board are incompatible offices | LO95-052 |
Execution of murderer, Board may adopt rule allowing relatives of victims to attend | LO95-059 |
Prison industries program, federal certification and other requirements do not apply if goods transported only within state (Clarification of Tex. Att'y Gen. Op. No. DM-233 (1993)) | LO93-071 |
Criminal Justice, Department of |
Confidential information about inmates, Department may not release to Council on Family Violence | LO95-014 |
Hazardous materials, inmate who uses is not "employee" for purposes of Texas Hazard Communication Act | LO97-066 |
Interstate Corrections Compact, authority under to contract to incarcerate in Texas inmates sentenced by courts of another state | LO96-151 |
Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to require | GA-0512 |
Mandatory tuberculosis screening of employees, Department may adopt a policy of | LO98-047 |
Pardons and Paroles Division, conditions of parole constitute contract between parolee and Pardons and Paroles Division | JC-0010 |
Physician performing medical services under contract with Department entitled to state indemnification | LO92-066 |
Prison industries program, federal certification and other requirements do not apply if goods transported only within state (Clarification of Tex. Att'y Gen. Op. No. DM-233 (1993)) | LO93-071 |
State aid to community supervision and corrections facility, use of to provide services and programs to persons convicted of noncriminal offense | LO98-008 |
Work Program Plan, inmate participating in may not be placed in facility located more than 100 miles from his or her actual abode | JM-1212 |
Deaf and Hard of Hearing, Commission for the |
Basic telecommunications device, for purposes of voucher program established by statute the Commission has authority to determine what constitutes | LO98-043 |
Contracted evaluators, members of Board for Evaluation of Interpreters may not contract with Commission to serve as | JC-0437 |
Evaluation and certification of interpreters, Commission's authority for | JC-0437 |
Interpreters hired by councils for the deaf, status as employees or independent contractors | LO93-111 |
Deaf, School for the |
Executive director's salary, whether limited to amount appropriated by legislature | LO96-041 |
Dental Examiners, State Board of |
Guidelines issued by American Dental Association, Board's lack of authority to establish expert review panel unaffected by and guidelines have no bearing on conclusion of Attorney General Opinion DM-136 | LO93-050 |
HIV- and HBV-infected dental health workers, rules regulating inconsistent with state law and exceed Board's authority | DM-0136 |
Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas Constitution | GA-0378 |
Department of Assistive and Rehabilitative Services |
Overpayment of compensation to employees, request to comptroller to recover | GA-0171 |
Developmental Disabilities, Council for |
Appropriated funds may not be used to attempt to influence the passage or defeat of legislation | JC-0161 |
Economic Development |
Eligible project in an enterprise zone, authority to grant additional and concurrent designation in a single enterprise zone enterprise to a qualified business | JC-0567 |
Education Agency, Texas |
Actions taken violating Open Meetings Act are voidable, and any interested person may bring action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of the Act | KP-0254 |
An agency rule that allows a non-attorney to engage in conduct that constitutes the practice of law, a court would have a basis to invalidate a | GA-0936 |
Board of Managers of independent school district, period of appointment | KP-0096 |
Civil Remedies are available for Open Meetings Act violations. Education Code section 39.057(d) authorizes appropriate civil action for violations of the Open Meetings Act | KP-0254 |
Coordinated health program designed to prevent certain diseases in elementary school students, whether Agency may approve more than one set of educational materials to implement | GA-0038 |
County education district, Education Commission is not authorized to create a new district or to reassign Mason Independent School District to a county education district different from that to which the school district is statutorily assigned | DM-0065 |
Development of "assessment instruments" or tests is delegated by legislature to Agency | JC-0478 |
Driver education and traffic safety course of public school, Agency must supply certificates of completion to | DM-0386 |
Driving safety course with conditional approval, Agency need not finally approve | DM-0386 |
Education Code section 29.022, a court would likely conclude that the Texas Education Agency would exceed its rulemaking authority by adopting a rule that narrowly defines "staff member" as used in Tex. Educ. Code § 29.022 | KP-0113 |
Education Commissioner must not include in the computation of state funding for school districts receiving additional state aid for tax reduction the local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits. | KP-0144 |
In Education Code subsection 12.128(c), the Legislature has set aside public property for control by the Commissioner of Education such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2). | KP-0097 |
Provisional admission to school for children based on immunization status, the Education Agency has no authority to regulate | GA-0178 |
Rule proposed by Board of Education impinging on specifically delegated power of Agency with respect to test development is invalid | JC-0478 |
Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code, a non-attorney may not practice law at a | GA-0936 |
Student information, Federal Family Educational Rights and Privacy Act of 1974 does not permit the agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that su | JC-0333 |
Teachers' Professional Practices Commission, effect of abolition on Code of Ethics and Standard Practices for Texas Educators | DM-0290 |
Education, State Board of |
Academic excellence indicators, State Board of Education's discretion to add additional indicators revoked by statute | GA-0060 |
Ancillary materials, Board's authority to adopt or reject textbooks does not extend to consideration of materials provided to school districts at no cost to state | DM-0424 |
Attorney fees, authority of Board to pay attorney fees out of recoveries of the corpus of the Permanent School Fund | GA-0848 |
Available school fund payments to school districts, authority to enact regulation providing for the deduction of money owed to state schools | DM-0281 |
Competitive bidding, as required by Government Code section 2155.063, may not be required for some investment decisions if they do not involve the purchase of or contract for goods or services. Contracts with investment managers and investment service providers will require competitive bidding, as those involve the purchase of or contract for services. | GA-0998 |
Dropout rate, legislature having defined as "including" completion rate, State Board does not have power to define as limited to completion rate | GA-0060 |
Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital | GA-0871 |
Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to make | GA-0871 |
It would likely exceed the State Board of Education's rulemaking authority to establish a rule that regulates school districts' compliance under Education Code subsection 28.002(h). | KP-0043 |
Limitation on amount to be transferred from the permanent school fund to the available school fund under article VII, subsection 5(a)(2) of the Texas Constitution to be applied annually | GA-0707 |
Management fees deducted from mutual funds, whether payable only from appropriated funds | GA-0293 |
Participates in constitutionally required process for transferring funds from permanent school fund to available school fund | GA-0617 |
Permanent school fund, accounting methodology for calculating market value for distribution to available school fund
| GA-0516 |
Permanent school fund, Board has authority to make any kind of prudent investment in managing assets of | DM-0175 |
Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund
| GA-0516 |
Procedural rule that requires a vote of greater than a majority of the number of members of the Board present and voting, Board may not adopt | GA-0554 |
Sex education curriculum and textbooks, whether Board may adopt | DM-0465 |
State Board of Education, under section 7.103(c), Education Code, a person who is a lobbyist and who communicates directly with the legislative or executive branch to influence legislation or administrative action in or on behalf of a profession, business, or association that pertains to or is associated or connected with any of the statutorily enumerated powers or duties of the State Board of Education is not eligible to serve on the | GA-0876 |
Statewide assessment program, Board has authority to create and implement but not to develop "assessment instruments" or tests | JC-0478 |
Textbooks, Board may not adopt rule prescribing general content requirements | DM-0424 |
Textbooks, the Board may adopt general textbook content standards if such standards are within the Board's statutory authority; Board also has authority to review ancillary materials that are within the definition of "textbook" | GA-0456 |
The State Board of Education has authority to impose an administrative penalty against a publisher for a factual error identified by a school district under Education Code section 31.151. | KP-0043 |
The State Board of Education's authority with regard to local textbook adoption must be considered in light of the law that all powers and duties not specifically delegated by statute to the Board are reserved for the trustees of the school districts, and the agency may not substitute its judgment for the lawful exercise of those powers and duties by the trustees of the school districts under Education Code section 11.151. | KP-0043 |
Educator Certification Board |
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 | GA-0614 |
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 | JC-0566 |
In-house hearings officers with sole duty of hearing contested cases or hearings officers of State Office of Administrative Hearings, Board may use either | LO97-105 |
Internet website, Board may not use its website to serve as a portal for distance-learning courses developed and offered by other entities | JC-0241 |
Teacher appraisals, whether Board may require school districts to provide appraisals for Board to use in approving educator preparation programs and in certifying teachers | GA-0055 |
Emergency Communications, Advisory Commission on |
Regional 9-1-1 service plan, whether emergency communication district may unilaterally withdraw from | DM-0494 |
Wireless 9-1-1 service fee, distribution to emergency communication district that withdraws from a regional 9-1-1 plan | DM-0494 |
Employees Retirement System of Texas |
Administrative Procedure Act, if motions adopted by Board of Trustees are subject to | LO93-066 |
Cash assistance benefits, if System determines survivor's claim is valid, then local governmental entity must offer health insurance benefits to survivor | LO97-040 |
Employee service credit, requirement of interest when establishing service credit for a reinstated employee | GA-1004 |
Investment brokerage service, retirement systems must make good faith effort to assist disadvantaged businesses in obtaining at least ten percent of value of contracts awarded for | DM-0184 |
Investment of funds in equity swap or interest rate swap contract, authority for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0043 (1999)) | LO94-052 |
Retiree who participates in Texas A&M University System group benefit program, but is now an active state employee, is not eligible to also participate in Employees Retirement System group benefits program, but individual may elect to participate either as retiree or as active employee | GA-0677 |
Retirement benefits for employees of community supervision and corrections department employees, Employees Retirement System may not establish requirements for receiving that are inconsistent with the requirements set by the county benefit system from whi | GA-0234 |
Securities lending program, Employees Retirement System may not operate in-house but may contract with additional custodian to engage in | JM-1231 |
Supplemental optional benefits programs, System's duty to designate and regulate programs and approve particular vendors | DM-0193 |
Temporary service retirement option for certain state employees whose positions are eliminated because of privatization or other reductions in workforce | JC-0027 |
Workers' compensation benefits and risk management program allocation, retirement system is not subject to | GA-0075 |
Employment Commission |
Lien or notice of assessment based on unpaid wages, Commission may not transfer or assign to wage claimant; nor may wage claimant execute on | DM-0356 |
Engineers, Board of Professional |
Engineer licensed by Board not barred from preparing plans and specifications for building to be constructed and owned by state agency, political subdivision, or other public entity | DM-0161 |
Examinations administered by Board, duty to accommodate disabilities under Federal Americans with Disabilities Act | JC-0050 |
Licensing and registration requirements of Texas Engineering Practice Act preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications | JC-0390 |
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 | JC-0051 |
Environmental Quality, Texas Commission on |
Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Commission to only those pollution control facilities, devices, or methods associated with | GA-0587 |
Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Commission | GA-0624 |
On-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission's prohibition from working as an on-site sewage facility installer when the county is the permitting authority | GA-0390 |
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 | KP-0190 |
Pollution resulting from generalized discharges of waste which are not traceable to a specific source, the Legislature has authorized a municipality to regulate in its extraterritorial jurisdiction | GA-0762 |
Report person to Comptroller as indebted to state under Government Code subsection 403.055(f), until Commission has provided grantees with due process, including opportunity to contest amount or existence of contract breach, Commission may not | GA-0970 |
State remediation standard, where adopted by valid rule for statewide use, application for different standard at a particular site, is arbitrary and capricious | GA-0290 |
Environmental Technology, Council on |
Grant to Council member is subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member | JC-0484 |
Ethics Commission |
Addresses of campaign contributors, Commission may not release with political contribution and expenditure report information made available on the Internet or by other electronic means, including computer diskettes available for purchase from the Commiss | JC-0198 |
Campaign contribution and expenditure reports filed electronically with the Commission, public access to | JC-0435 |
Document establishing a complainant’s residency or real-property ownership in Texas under sections 571.122 and 571.124 of the Government Code, a court would likely give serious consideration to the Commission’s decision not to send a copy of such document to the respondent in a matter regarding a sworn complaint a | GA-0863 |
Documents relating to a sworn complaint, under certain circumstances Commission may be obligated to provide documents relating to sworn complaint against one respondent to another respondent | GA-0036 |
Government Code subsection 571.140(a) - a sworn complaint filed with the Texas Ethics Commission, despite being subject of litigation, remains confidential if it has not been entered into a formal hearing or judicial proceeding. | KP-0152 |
Government Code subsection 571.140(a) - sworn complaint filed with the Texas Ethics Commission, but which has been dismissed remains confidential | KP-0152 |
Personal information of judges, disclosure of in campaign reports and financial statements | KP-0151 |
Staff of Ethics Commission can interview third-party witnesses concerning facts of situation leading to filing of sworn complaint without violation of statute making complaint confidential | GA-0035 |
Examiners of Psychologists, Board of |
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 | JC-0321 |
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 | GA-1025 |
Family and Protective Services, Department of |
Agency rule exempting short-duration programs from child-care facility licensing requirement is invalid as inconsistent with section 42.041, Human Resources Code | GA-0649 |
Authority to adopt rule that increases the number of training hours required for an employee of a day-care center or group day-care home from that set out in statute | GA-0814 |
Child sexual abuse reports, investigation of | GA-0106 |
Licensing of child-care facility by the Department, whether a school district operates a particular program that is therefore exempt from such requirements under section 745.119(1), title 40 of the Texas Administrative Code is a question of fact | GA-0678 |
Local law enforcement must furnish information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare to the Department of Family and Protective Services | GA-0879 |
Requirement for evidence-based programs is applicable only to programs of the Department that are “designed to prevent or ameliorate child abuse and neglect” rather than to all programs funded by the Department | GA-0508 |
Finance Commission |
Executive director of has no statutory powers and Commission may not delegate governmental powers to | LO92-070 |
Qualifications of members | LO92-046 |
Fire Department Emergency Board |
Composition of Board does not violate constitution | LO90-044 |
Fire Fighters' Pension Commission |
Entry into and withdrawal from statewide pension system, regulation applying statutory procedures to volunteer fire department that was not in a pension system prior to joining statewide pension system is valid | LO96-054 |
Level of benefits provided to volunteer fire fighters may not be dictated by commissioner to governmental bodies | LO92-011 |
Withdraw from statewide pension system, volunteer fire department may not without replacement pension plan | LO96-054 |
Fire Protection, Commission on |
Advisory councils on fire protection exercise substantive rulemaking authority that is more than merely advisory | DM-0430 |
Advisory councils on fire protection, delegation of rulemaking authority does not violate separation of powers | DM-0430 |
Aircraft crash and rescue personnel employed by Adjutant General are not subject to certification by Commission | LO90-082 |
Authority to define phrase "duties related to fire suppression" by rule | LO93-113 |
Certification of employees of fire department of privately developed, unincorporated community | LO90-012 |
Reimbursement for room and board, Commission on Fire Protection may provide as part of scholarship for students who attend training school, and may also fund for fire fighters who attend the school under the Texas Forest Service tuition-only scholarship | GA-0296 |
Trade association, whether Texas Fire Chiefs' Association, Texas State Association of Fire Fighters, State Firemen's and Fire Marshals' Association of Texas, or Texas Association of Fire Educators is | JC-0067 |
Training requirements, volunteers who work for volunteer fire department that is not a division of a local government are not subject to regulatory; employees of fire department that is a department of a local government may be subject to | JM-1251 |
Funeral Service Commission |
Cemeteries and crematories owners or operators registered with the Commission, authority to regulate | JC-0512 |
Cemeteries' and crematories' owners or operators, authority to register and investigate cemeteries and crematories and to require cemeteries and crematories to submit consumer disclosure documents | JC-0550 |
Complaint review committee subject to Open Meetings Act when performing its investigation-review function but not when functioning as a participant in informal conferences | LO97-058 |
Complaints against licensees, files of are generally public records except for information obtained through Commission's investigation of complaint | LO94-024 |
Embalming, authority to preclude embalmer from performing services for funeral home as an independent contractor | JC-0059 |
Embalming, authority to require funeral home to make disclosures regarding location and price | JC-0059 |
Embalming, authority to require funeral home to obtain written permission to have embalming performed by an independent contractor | JC-0059 |
Provisional licensee, 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 |
Reciprocal licensing of funeral directors and embalmers, Commission may not adopt a rule prescribing requirements for | LO98-108 |
Requirement that funeral establishment have embalming preparation room is statutory, and Commission cannot exempt certain establishments by rule | LO98-014 |
General Land Office |
Agricultural land acquired for Superconducting Super Collider project, whether subject to rollback tax | DM-0448 |
Classification of Permanent School Fund in annual financial reporting | KP-0229 |
Commissioner may not convey submerged lands owned by state in absence of statutory authority | JC-0069 |
Constitution does not permit School Land Board to transfer funds from permanent school fund to available school fund | GA-0617 |
Delegation of authority, statute authorizing General Land Office to select a tract of state-owned land to place in permanent school fund in exchange for tract to be patented out lacks sufficient standards to be constitutional | JM-1242 |
Dredging easement from General Land Office, holder of not required to obtain permit from Parks and Wildlife Department for disturbances of marl, sand, gravel, shell, or mudshell | JM-1190 |
In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2). | KP-0097 |
Permanent school fund, acts of Commissioner do not estop state from recovering improperly conveyed lands for | JC-0069 |
Permanent School Fund, statute that purports to give to littoral property owners title in fee simple to artificially reclaimed, once-submerged lands that are part of the Permanent School Fund without compensating the Fund violates article VII, section 4 of the Texas Constitution, and the General Land Office may not adopt rules effectuating such a statute | GA-0407 |
General Services Commission |
Appropriations act rider on purchasing invalid for inconsistency with state purchasing statutes | LO96-079 |
Child care services, authority to lease or construct facilities for | JM-1156 |
Commissioner, person who is a lobbyist may not serve as even if lobbying activities do not relate to Commission | DM-0151 |
Commissioner, person who is not a lobbyist but is a member of a firm that employs lobbyists may serve as | DM-0151 |
Computer purchases, catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program | DM-0496 |
Electric services to state buildings, whether Commission may contract with City of Austin for | LO95-049 |
Historically underutilized businesses, Commission may not promulgate rule deeming businesses owned by disabled persons as | DM-0328 |
Prevailing wage rate survey, authority to contract with agencies to conduct | LO93-092 |
Purchase of surplus school buses valued in excess of $20,000, two independent school districts may not contract between themselves to purchase buses but must use competitive bidding process through Commission | LO98-063 |
Reverse auction procedure, Commission may not use to purchase goods and services without specific statutory authority | JC-0316 |
Telecommunications services, acquisition using catalogue purchase procedure | DM-0375 |
Governor's Office |
Texas Crime Stoppers Advisory Council is not an advisory committee subject to automatic abolition | LO98-059 |
Guaranteed Student Loan Corporation |
Nonrenewal of professional license for nonpayment of student loan must be preceded by notice and hearing | LO90-105 |
Health and Human Services Commission |
Beyond the authority of the Commission, as we construe subsection 32.0248(h) of the Human Resources Code, the term "affiliate" connotes an element of control between entities and, to the extent the Commission’s proposed rule defining the term does not include any element of control between entities, a court would likely consider it to be inconsistent with subsection 32.0248(h) and thus | GA-0845 |
Community health center revolving loan fund, authority to administer in light of later enacted bill abolishing fund as trust fund outside the state treasury | GA-0033 |
Comptroller must determine whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium, and absence of that transfer in 2010-2011 biennium, results in a gain in overall funding to Texas Department of Transportation | GA-0777 |
Employee service credit, requirement of interest when establishing service credit for a reinstated employee | GA-1004 |
Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care model | GA-1089 |
Medicaid estate recoveries, whether Commission is statutorily authorized to pursue | LO95-005 |
Medicaid women’s health care demonstration project, constitutionality of ban on Commission contracting with an entity that has an affiliate that promotes or performs abortions | GA-0844 |
Medicaid, Health and Human Services Commission rule for payment of Medicare deductibles and coinsurance for services provided to persons eligible for both Medicare and Medicaid | GA-0983 |
Office for the Prevention of Developmental Disabilities is not subject to the fiscal control and oversight of the Health and Human Services Commission | GA-0447 |
Reimbursement for behavioral health services under Texas Medicaid Reimbursement Methodology | GA-1089 |
Health Care Information Council |
Data sets containing individually identifiable health information, the Council is not authorized to provide the Texas Department of Health with | GA-0083 |
Hospitals may disclose confidential identifying information about patients to council without patient's written authorization | JC-0508 |
Public-use and provider-quality data, release of is not subject to fee provisions in chapter 552 of the Government Code | JC-0469 |
Release of analysis of public use data to legislator, provider must be provided with an opportunity to review and comment before | JC-0545 |
Reports, authority to use data other than public use data to prepare | JC-0511 |
Requests for public use data, Council required to notify a hospital if it receives any request for public use data that is specific to the hospital and must allow a hospital to submit written comments regarding any public use data or analysis of public us | JC-0545 |
Transportation expenses, reimbursement to member limited to "the amount of the central travel office's contracted fares or rates" | LO97-110 |
Health, Board of |
Chronically Ill and Disabled Children's Program, Board may not delegate duty to adopt eligibility criteria and system of priorities for | JM-1169 |
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 |
Medical radiologic technologists, whether Board may implement system of specialty certification for | DM-0292 |
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 | DM-0201 |
Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law | JC-0412 |
Health, Department of |
Abortion facilities, validity of Department rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the Act | GA-0212 |
Abortion facility, Department may not release information about doctors or nurses to licensing board for disciplinary purposes and may not inform person as to whether an office, clinic or facility is or is not licensed as | DM-0153 |
Autopsies of children conducted pursuant to section 673.002 of the Health and Safety Code relating to SIDS deaths, obligation of commissioner to review and authorize has been superseded by chapter 264 of the Family Code | LO98-122 |
Boarding homes registered by local mental health and mental retardation authorities, authority of Department to regulate | JM-1214 |
Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Department with | GA-0083 |
Death certificate that lists AIDS or HIV as cause of death, authority of Department to release | DM-0061 |
EMS personnel recertification, authority to require examination for | DM-0263 |
Horse slaughter in Texas with meat intended for human consumption, Commissioner of Department may investigate | JC-0539 |
Immunization status, Department has exclusive authority to regulate provisional admission to school for children on based on | GA-0178 |
Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the care because to do so would be stricter than the Depart | GA-0198 |
Kinesiotherapists are not subject to registration by Department, but are regulated by Board of Physical Therapy Examiners | LO98-019 |
Kinesiotherapists, Department may not register (Affirmed by Tex. Att'y Gen. LO-98-019) | LO96-103 |
Labeling of dietary supplements with United States Food and Drug Administration toll-free telephone number for reporting adverse events, authority of Department to promulgate rule requiring | JC-0445 |
Licensing, testing committees reviewing contents of examinations may not meet in executive session under Open Meetings Act to discuss test questions and answers | LO96-058 |
Massage therapy, discretion to refuse to register applicant admitting to having practiced without registration | LO93-085 |
Massage therapy, duty to regulate not affected by Advisory Council on Massage Therapy's determination that reflexology is massage therapy | LO93-085 |
Medicaid contracts, whether health care providers must submit statements regarding child support | DM-0379 |
Medical assistance (medicaid) payment to service provider, Department may allocate all or part to pay provider's child support obligation | DM-0477 |
Microwave ovens used in commercial food vending service, authority of Department to inspect and regulate | LO95-045 |
Mortgage insurance on new or rehabilitated hospital or long-term care facility, Department may conduct or commission study necessary for Secretary of Housing and Urban Development to issue | LO97-035 |
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 | DM-0201 |
On-site sewage disposal systems, registration of installers of by Department and authorized agents of the state | JM-1278 |
Personal-care institution, residential facility must be licensed by Department if it provides, in cooperation with a licensed home-health agency, certain health or personal-care services | LO90-085 |
Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of | DM-0085 |
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 |
Properly promulgated agency rule has force of law and binds other state entities | JC-0003 |
Public hearing, Department required to hold before awarding grant under Human Immunodeficiency Virus Services Act to nonprofit organization if grant exceeds $25,000, but not required to hold before renewing grant | DM-0039 |
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 |
Radiologic technologists, authority of Board of Health to adopt rules regarding certification, registration, and exemptions | LO96-077 |
Radiologic technologists, authority of Department to discipline persons who are not certified as | LO96-077 |
Separate licensing of hospital facility at separate location, Department's rule-making authority regarding | DM-0369 |
Solid waste disposal fees, calculation of | DM-0052 |
Special hospitals are not authorized to provide surgical and obstetrical care | LO96-071 |
Specific pharmaceutical, neither Department nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a | GA-0019 |
Hearing Instruments, State Committee of Examiners in the Fitting and Dispensing of |
As the administrative agency that oversees the regulation of hearing instruments, the Committee is authorized to determine the scope of the meaning of the prohibition in subsection 402.053(d) of the Occupations Code | GA-0921 |
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 | DM-0050 |
Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the Committee from having a | GA-0921 |
Fitting and dispensing of hearing instruments by nonindividual persons such as corporations or partnerships, Committee's rulemaking authority to establish criteria for | LO95-009 |
Hearing aid company, member of Board may not be employed by | DM-0018 |
Higher Education Coordinating Board |
Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating Board | GA-0144 |
B-On-Time Loan Program, additional credit hours taken at an institution other than the degree-awarding institution may not disqualify a student from having a B-On-Time loan forgiven | KP-0053 |
Competitive academic scholarship, Board's criteria for may not exceed or be inconsistent with statute (Affirmed by Tex. Att'y Gen. LO-94-035) | DM-0249 |
Complaints about postsecondary educational institutions, the Board has authority to promulgate procedures for handling | GA-0902 |
Complaints about religious institutions’ secular programs of study, the Board may handle | GA-0902 |
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 | GA-0975 |
Hazlewood Act tuition exemption, Texas Higher Education Coordinating Board has authority to determine whether to promulgate certain rules relating to exemption | GA-0969 |
Opinion Withdrawn 1/14/2008 - Superseded by statute, Tex. Educ. Code Ann. § 54.203 | GA-0445 |
Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study | GA-0902 |
Religious postsecondary educational institution, Board's regulation of pursuant to statute does not violate individual's right to free exercise of religion | JC-0200 |
Scholarship, whether it meets criteria for a "competitive academic scholarship" is determination made in first instance by Board | LO94-035 |
Standard method adopted by the Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective | GA-0655 |
TASP testing, authority of Board to require as condition of degree from proprietary school | DM-0481 |
Texas Higher Education Coordinating Board has authority to adopt rule which would allow veterans applying for state Hazlewood Exemption who are otherwise entitled to federal Chapter 33 benefits to not first exhaust Chapter 33 benefits, court would likely conclude that | GA-0969 |
Training requirements for trustees of junior college, Board may not mandate | DM-0020 |
Tuition equalization grant program, board lacks authority to approve for participation in the program a private or independent college or university that does not have the same accreditation as public institutions of higher education | GA-0395 |
Vacancies on the Board, the Governor may fill as provided by law | GA-0829 |
Highways and Public Transportation, Department of |
Mineral interest, bill requiring Department of Corrections to transfer certain tracts of state-owned land to Department required transfer of estate in fee simple | JM-1170 |
Historical Commission |
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 | GA-1045 |
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 | GA-1045 |
Historic Courthouse Preservation Program, Commission administers | JC-0578 |
Historical Commission is authorized to permit the destructive testing of human remains for research purposes | KP-0255 |
Historical Commission is authorized to permit the obtaining of DNA samples from exhumed historical remains to enable the identification of genetically related descendants | KP-0255 |
Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Commission is | JC-0465 |
Legislature, eligibility of Commission member to serve as legislator | LO95-050 |
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 |
Real property subject to Antiquities Code, whether planned unit developments, taxing districts, and municipal utility districts are political subdivisions | LO94-076 |
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 | GA-1045 |
Travel reimbursement for members of Commission | LO95-084 |
Housing Agency, Texas |
Foreclosed properties held by or for Agency exempt from state and local taxation | JM-1198 |
Foreclosed properties held by or for Agency, Agency not liable for accrued taxes on | JM-1198 |
Foreclosed properties, Agency may hold title to in its own name or in name of agent acting for it | JM-1198 |
Housing and Community Affairs, Department of |
As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-aside | GA-1060 |
Board of directors, eligibility of city employee to serve as public member | LO96-043 |
If Texas Department of Housing and Community Affairs determines that a development undergoing federal Rental Assistance Demonstration program conversion received assistance under Section 8 of the U.S. Housing Act of 1937 and consequently is eligible for the at-risk set-aside, a court is unlikely to disturb that determination | GA-1060 |
Low-income housing tax credits, validity of rules establishing plan for allocating | GA-0208 |
Low-income housing tax credits, validity of rules establishing plan for allocating | GA-0497 |
Qualified allocation plan for allocating low-income housing tax credits, validity of | GA-0208 |
Qualified allocation plan for allocating low-income housing tax credits, validity of | GA-0497 |
Qualified allocation plan for allocating low-income housing tax credits, validity of | GA-1009 |
Relocation permit for transporting a manufactured home, the Department may refuse to issue or may suspend or revoke a manufactured home's statement of ownership and location if the home was relocated without or with a relocation permit obtained without tru | GA-0343 |
Standard of procedure must be adopted in accordance with Administrative Procedure Act if it is a rule as defined by section 9(d) of Manufactured Housing Act or section 2001.003(6) of the Government Code | LO98-092 |
Statement of ownership and location of a manufactured home, an application for must list tax liens attached to the home, and the Department may refuse to issue or may suspend or revoke such a statement based on false or fraudulent information regarding an | GA-0343 |
Statement of ownership and location of a manufactured home, the Department may refuse to issue or may suspend or revoke such a statement if the home was relocated without a relocation permit from the Department of Transportation or with a relocation permi | GA-0343 |
The Texas Department of Housing and Community Affairs administers the state's low income housing tax credit program under which tax credits are competitively awarded to developers of low income housing | GA-1060 |
Unlicensed real estate brokers, amendment to Manufactured Housing Standards Act does not give Department regulatory authority over | JC-0272 |
Housing and Community Affairs, Manufactured Housing Division |
Arbitration award issued as judgment is not a "contested trial" under Occupations Code subsection 1201.405(e) | KP-0258 |
Manufactured homes, perfection of tax liens by filing notice with the Manufactured Housing Division of the Texas Department of Housing and Community Affairs | GA-0443 |
Human Rights, Commission on |
Equal opportunity training by Commission, validity of rider mandating for certain state agencies and institutions of higher education | DM-0497 |
Review of appellate court employment policies of by Commission for compliance with Texas Human Rights Act, separation of powers provision is not violated by | JC-0563 |
Human Services, Department of |
Attorney's fees, the State Office of Administrative Hearings has no authority to require Department to pay in action to revoke nursing home's license | JC-0495 |
Counseling services, Department may not prohibit employees from conducting on their own time absent showing of adverse effect on Department | LO90-043 |
Medicaid benefits, Department has statutory authority to extend to children between ages four and six to comply with new federal law | JM-1174 |
Personal-care facility, Board may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing Act | JC-0072 |
Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department to delete certain information from | DM-0040 |
Industrial Accident Board |
Attorney's fees in workers' compensation cases, rule limiting to certain percentage of claimant's recovery is unreasonable as a matter of law | JM-1147 |
Evidence of representation and disbursement of attorney's fees, Board may require in workers' compensation cases | JM-1147 |
Long-standing construction of its statute by agency given deference by courts | DM-0189 |
Information Resources, Department of |
Conflict of interest for board members or the executive director to receive money or other thing of value from entity that may be awarded contract by state government | GA-0679 |
Information submitted in response to a request for offer that was subsequently cancelled, the Department must retain consistently with its record retention schedule and is subject to the Public Information Act | GA-0266 |
Insurance, Department of |
Criminal history record information subject to a nondisclosure order, authority to access | GA-0680 |
Deference to agency interpretation, Texas courts defer only when the agency adopts the construction as a formal rule or opinion after formal procedures and only upon finding an ambiguity exists in the statute and that the construction is reasonable and consistent with the plain language | KP-0115 |
Department of Insurance not authorized to impose additional penalties beyond legislative parameters | KP-0250 |
Federal preemption of certain Department bulletins regarding health reimbursement arrangements | KP-0179 |
Texas coast, Department may disclose identities of companies writing commercial insurance policies along | GA-0495 |
Insurance, Department of, Workers' Compensation Division |
Fees for providing medical records in a workers' compensation proceeding, section 408.025(d) of the Labor Code governs the fees a hospital may charge to provide certain records rather than section 241.154(b) of the Health and Safety Code | GA-0399 |
Insurance, State Board of |
Balance billing, authority to enforce provisions of Health Maintenance Organization Act against physicians who are not under contract with an HMO and who bill HMO enrollee for unpaid balance | GA-0040 |
Corporate surety, Insurance Code governs use of assumed name | GA-0135 |
Experience ratings, effect of 1991 amendments to Insurance Code on Board's authority to use in rating insurers | DM-0033 |
Former general counsel, whether he may appear before Department on his own behalf | LO95-079 |
Moratorium issued by the Commissioner of Insurance, reciprocal exchange insurers are exempt from article 21.49-2C of Insurance Code and therefore not subject to | GA-0045 |
Municipal risk pool, Department's jurisdiction over with respect to mental health parity requirements, use of pregnancy as preexisting condition, and charging deductible for covered child's required immunizations | GA-0047 |
Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority to examine | JC-0559 |
Physician and health providers claims for payment, Department may construe prompt payment provisions requiring preferred provider organizations and health maintenance organizations to disclose to physicians and other health care providers utilization revi | JC-0502 |
Pro se appearance of former general counsel before Department | LO95-079 |
Referral program in which enrollees receive the services of single health-care service providers at a discount in exchange for a fee, Board may not regulate as a health-maintenance organization | JM-1167 |
Terms "reside" and "resident," authority of Board or guaranty association to define; terms do not necessarily require United States citizenship | JM-1223 |
Texas Automobile Insurance Plan, Board has ultimate rule-making authority over | DM-0135 |
Viatical settlements, constitutionality of statute authorizing Department to regulate | DM-0314 |
Interagency Council on Early Childhood Intervention |
Information about children and their families, Council may by contract require local service providers to submit for the purpose of evaluating federally and state funded programs but Council may not redisclose the information except in compliance with fed | JC-0561 |
Interagency Council on Pharmaceuticals Bulk Purchasing |
Specific pharmaceutical, neither Texas Department of Health nor Council may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a | GA-0019 |
Jail Standards, Commission on |
All county facilities used for confinement of county prisoners are subject to jurisdiction of Commission | DM-0024 |
Alternative incarceration facilities, subject only to regulation of Commission which may promulgate minimum standards for | DM-0119 |
Commissary proceeds, authority to regulate expenditure of | LO96-032 |
Fire sprinkler heads, Commission may examine jail construction documents as well as existing jail facilities to determine where to place | JC-0429 |
Inspection of county jails, frequency | LO96-046 |
Penal or correctional institution housing only federal prisoners, Commission lacks authority to regulate or inspect (Withdrawn by Tex. Att'y Gen. LO-96-151) | DM-0404 |
Private detention facility, sheriff's only duty regarding is to conduct monitoring | DM-0086 |
Private entity, municipal jail operated by must comply with minimum jail standards adopted by Commission | JM-1260 |
Private facilities used to incarcerate inmates, authority to regulate | LO96-151 |
Single cell and dormitory requirements for county jails, Commission has authority to establish reasonable standards for design of ancillary facilities which depart from | DM-0024 |
Telephone services for inmates, Commission does not have authority to include as part of jail commissary services | LO96-032 |
Tuberculosis testing of county-jail inmates, Commission may require | LO90-084 |
Judicial Conduct, Commission on |
Code of Judicial Conduct, whether a justice of the peace violates in particular circumstances is to be determined by the Commission in the first instance
| GA-0651 |
County's representation of county official in action arising from the performance of a public duty. Term "sued" in Local Government Code section 157.901 most likely does not encompass disciplinary proceedings before Commission on Judicial Conduct. | KP-0027 |
Municipal judge, whether Canons of Judicial Conduct prohibit from concurrent service as county commissioner is a question for the State Commission on Judicial Conduct | GA-0348 |
Municipal judges, authority to investigate possible misconduct of | GA-0199 |
Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission’s authority to | GA-0979 |
Temporarily suspend a judge with pay, the Commission has authority to, and a county judge who has been so suspended is entitled to receive total salary, including a state supplement, during the suspension | GA-0211 |
Land Surveying, Board of Professional |
"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 |
Activities in measuring land are not "surveying" within enabling act, no authority to regulate persons whose | JC-0475 |
Professional Services Procurement Act compliance standards, scope of Board rule prohibiting land surveyor from submitting competitive bid to a governmental entity | JC-0374 |
Law Enforcement Management Institute |
Costs for training programs are to be paid from Law Enforcement Management Institute Fund | LO90-101 |
Law Enforcement Officer Standards and Education, Commission on |
Commission on Law Enforcement Standards and Education, phrase refers to Commission on Law Enforcement Officer Standards and Education | GA-0027 |
Constable, whether required to meet licensing standards | JM-1149 |
Constitutional law enforcement officer licenses, authority of Commission to revoke | DM-0323 |
Contract with private fund-raiser to solicit contributions to peace officers' memorial, authority to enter, pay fee | LO96-038 |
Curriculum and achievement and proficiency certificates, construction of provisions on commissioners' authority regarding | LO90-019 |
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) | DM-0210 |
Gifts of real property, Commission has no authority to accept | LO90-041 |
Jailers employed by private vendor under contract with county, Commission may establish standards for | JM-1152 |
Licensure and other requirements applicable to peace officers and public security officers, authority of Commission to adopt | LO94-015 |
Open-enrollment charter schools are not authorized in that capacity to operate a commissioned police force
| GA-0532 |
Peace Officers' Memorial Advisory Committee to Commission, appointed members of continue to serve after end of term until replaced or reappointed | LO95-039 |
Proposed rule to discipline chief administrators of agencies where statute imposes no duty on administrators, Commission may not implement | LO96-070 |
Public security officer employed by board of harbor and port facility is an armed security officer that may be licensed by | JM-1139 |
United States citizenship may not be made requirement for applicant for peace officer, reserve, or jailer license | DM-0105 |
Law Examiners, Board of |
Probationary law license, whether Board may refuse to recommend issuance of to chemically dependent person | LO96-088 |
Library and Archives Commission, State |
Administrative rule may not be inconsistent with the expression of the lawmakers’ intent in statutes other than those under which the regulations are issued | GA-0727 |
Bogus documents, whether Commission may promulgate rules authorizing district and county clerks to destroy | LO97-014 |
Memorandum of understanding or other documentation of transfer of gubernatorial records to alternative depository, Commission is necessary party to | JC-0498 |
Open Meetings Act, Texas State Library and Archives Commission’s rule requiring a state agency to create and maintain written minutes of the agency’s open meetings is invalid under the | GA-0727 |
Licensing and Regulation, Department of |
Administrative penalties for violation of Staff Leasing Services Act, commissioner authorized to assess | LO96-143 |
Advisory committee may not be set up by Department without statutory authority (Modified by Tex. Att'y Gen. Op. No. JC-0189 (2000)) | LO98-009 |
Agreement between retailer and purchaser of manufactured home choosing binding arbitration in lieu of judicial forum to resolve claims, validity of | LO94-089 |
Air conditioning and refrigeration contractor licensed by Department, city may not impose local licensing taxes, occupation taxes, or bond requirements on | JM-1195 |
Auctioneer education and recovery fund, disposition of interest on | LO92-069 |
Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave
| GA-0432 |
Boxing and Wrestling Act, Department of Licensing and Regulation has duty to enforce | LO90-046 |
Boxing match, whether authorized to collect from promoter gross receipt tax on proceeds from sale of right to televise | LO93-067 |
Elevator, escalator, and related equipment in commercial establishment, Department may adopt standards regulating (Modified by Tex. Att'y Gen. LO-96-045) | LO94-096 |
Elevators in industrial facilities, private homes, and residential facilities inhabited by members of religious orders, Department's authority to regulate | LO96-045 |
Elevators, escalators, and related equipment, Department may not adopt revisions of American Society of Mechanical Engineers (ACME) codes adopted subsequent to 1995 amendments to section 754.014 of Health and Safety Code | JC-0510 |
Gasoline pump credit-card readers, department has discretion to defer enforcement of general reach-range requirements against | LO98-078 |
HIV testing for professional boxers, Department may not by rule require | JC-0201 |
Management search consultants exempt from registration and bonding by Department | DM-0036 |
Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department | DM-0036 |
Management search consultants, regulation of | LO98-065 |
Martial arts events in which contestants exchange blows with hands, arms, feet, or legs, Department has authority to regulate | LO96-040 |
Owner or manager of barber or cosmetology shop or school must provide for sterilization of instruments by means of an autoclave | GA-0432 |
Persons exempted from licensing as air conditioning and refrigeration contractors, Department does not have authority to promulgate rules adding new exceptions permitting such persons to purchase refrigerant products (Withdrawn by Letter 6/10/98) | LO98-010 |
Refrigerants, a manufacturer, retailer, rebuilder, or installer of manufactured homes need not be licensed or registered in order to purchase under the Air Conditioning and Refrigeration Contractor License Law | JC-0303 |
Residential appliance installer, authority to work on pools | GA-0825 |
Rule requiring water well to be located minimum distance from property line within scope of Department's rule-making authority | JC-0090 |
Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Department | JC-0322 |
Texas Electrical Safety and Licensing Act, section 1305.003(14) employs terms that are ambiguous and vague and therefore it is impossible to apply | GA-0292 |
Lottery Commission |
"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 |
Americans with Disabilities Act, court would probably find that state agency violated if it denied Texas residents meaningful access to state services | GA-0579 |
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 |
Authority of Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final
Orders of the Commission, when void
Transfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder
| GA-0505 |
Authority to issue group license to manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment | GA-0458 |
Authority to reopen order granting transfer of commercial lessor license | KP-0202 |
Bingo licensee's nonforfeitable, written promise to pay taxes and prize fees, Commission may not accept as security | LO93-117 |
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 | GA-1065 |
Cash equivalent of a prize, Lottery Commission must award to a person who is at least 18 years of age but not yet 21 years of age in accordance with section 466.405 of the Government Code | GA-0410 |
Commission's change in historical practice regarding transfer of commercial lessor license is likely a "rule" within Administrative Procedure Act | KP-0202 |
Constitutionality of statute prohibiting a member of the Commission from coercing, attempting to coerce, or advising a person to contribute for political purposes; application to political fundraising events | GA-0647 |
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 |
Electronically readable information encoded on the magnetic stripe of a driver’s license to verify the age of persons using self-service terminals and vending machines to purchase lottery tickets, section 521.126 of the Transportation Code permits the Texas Lottery Commission to use | GA-0675 |
Events where alcoholic beverages are sold for on-premises consumption, if promotional activities for the state lottery do not involve sale of lottery tickets they are permitted at | LO98-089 |
Gambling, Commission has statutory and rulemaking authority to consider the conduct or activities of an applicant or licensee with respect to | DM-0466 |
Historically underutilized business participation goal, Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward | JC-0315 |
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 |
Price fixing, validity of contractual provision between a manufacturer and a distributor agreeing to the price the distributor will sell bingo equipment | JC-0296 |
Prizes, Commission may not prioritize deductions from prizes contrary to statute | LO98-126 |
Promotional second-chance drawings for losing tickets, pursuant to broad authority under State Lottery Act and absent prohibition otherwise, it is likely that Texas Lottery Commission has authority to utilize Internet for | GA-0950 |
Raffle-style game, Commission may not operate | GA-0592 |
Renew license to conduct bingo games or to sell lottery tickets, commission may not if application not timely submitted | JC-0064 |
Rules on "graphic and dynamic" video confirmation device for event ticket game | GA-0591 |
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 |
Sell promotional goods, the Commission lacks statutory authority to | GA-0323 |
Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners from | DM-0408 |
Texas Triple Chance, a court is unlikely to conclude that a game is unconstitutional merely because it awards a preset prize amount regardless of the number of tickets purchased or because it does not carry forward any unpaid prize money to be awarded to an eventual winner | GA-1074 |
Video poker during bingo occasion, Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play | JC-0449 |
Low-Level Radioactive Waste Disposal Authority |
Acquisition or conveyance of state land, exchange of state land for private land, permissible only if authorized by legislature | LO96-106 |
Fees established by Authority to reimburse general revenue fund for pre-operation expenses must be sufficient to repay interest on funds received from general revenue | DM-0198 |
Impact assistance allocation, Authority may not designate portion of planning and implementation fees collected from person licensed to possess or use radioactive material or to own or operate a nuclear power plant for | DM-0101 |
Medical Examiners, State Board of |
Agency records, member of Board has inherent right of access to and majority of Board may not restrict a member's access to | LO93-069 |
Annual registration fees must be deposited in state treasury | JM-1230 |
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 | GA-0285 |
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 | JC-0280 |
Hyperbaric oxygen therapy, Board has authority to determine whether constitutes practice of medicine and to regulate performance | DM-0423 |
Investigators for the Texas Medical Board who are not commissioned peace officers may carry a licensed concealed handgun while on duty | GA-1008 |
Medical license examination, applicants must complete within a mandatory time period | GA-0285 |
Medical licensure by reciprocity, authority to adopt examination rule | LO98-025 |
Needle electromyography, authority of Board and Board of Physical Therapy Examiners to regulate | DM-0443 |
Nonprofit health organizations, whether foreign nonprofit corporations may be certified as | JC-0304 |
Physician advertising, authority of Board to prohibit use of testimonials in | JC-0342 |
State Funds Reform Act not applicable to fees collected by Board | JM-1230 |
Subspecialty, Board may deny license to practice medicine to applicant who received training at international institution accredited in specialty but not in particular subspecialty | GA-0050 |
Tissue procurement organization, a county medical examiner may not seek reimbursement from organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resources | GA-0544 |
Mental Health and Mental Retardation, Department of |
Access to records of persons with mental illness or developmental disabilities who reside in facilities operated by the Department, a federally-funded state protection and advocacy system for such persons, Advocacy, Inc., may have access to records even i | JC-0461 |
Architectural improvements to private homes, Department may not use funds other than those appropriated to make | DM-0015 |
At will employees, whether employees of Department are | LO95-063 |
Contract for provision of community-based services to mentally disabled person, authority of Department to enter into with person's parents, sufficiency of consideration | JM-1216 |
Effect of conflict of interest statutes on Interagency Council on ICF-MR Facilities | LO90-069 |
Employees of Department who may be removed for good cause have property interest in employment | LO95-063 |
Federal Brady Handgun Violence Prevention Act does not require or authorize Department to disclose otherwise confidential records to law enforcement officers performing background checks | DM-0353 |
Nepotism prohibitions, merit raise given to spouse of superintendent of Department's school who is employed at the same facility is not raise given to a bona fide category of employees for the purposes of | DM-0046 |
Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of | DM-0085 |
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 |
Purchase or lease of property to be used in connection with community-based mental health or mental retardation services, Department must accomplish through State Purchasing and General Services Commission | JM-1252 |
Military Facilities Commission, Texas |
Article XVI, sections 30 and 30a of the Texas Constitution, civilian appointees to Commission are subject to | GA-0021 |
Article XVI, sections 30 and 30a of the Texas Constitution, lone military appointee to Commission included in determining number of members of Commission but would not be subject to | GA-0021 |
Construction, repair, and maintenance of state-owned facilities located on property of Commission, Commission has exclusive authority for the | GA-0200 |
Construction, repair, or maintenance contracts that are within the Commission's exclusive authority, military facilities' exclusion from the Texas Building and Procurement Commission's duty to manage certain state facilities under section 2165.007 of the | GA-0200 |
Lump sum payment for accumulated sick leave to an individual whose employment has been terminated, Texas Military Facilities Commission is not authorized to make | GA-0201 |
Motor Vehicles, Department of |
Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation" | GA-0776 |
Final orders in contested cases, authority of Board and director of Motor Vehicle Division to issue
Delegation of final order authority to the director of the Motor Vehicle Division, Board has no implied authority to do so
Conflict of interest provisions, application to Board members must be determined on a case-by-case basis | GA-0820 |
Order from a justice or municipal court, under section 501.074(a)(4) of the Transportation Code, the Department may accept and issue a new certificate of title based on an | GA-0761 |
Section 1001.013, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant to | KP-0129 |
Section 502.044, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant to | KP-0129 |
Transportation Code chapters 502 and 520 - Department of Motor Vehicles and county assessor-collectors provide various motor vehicle registration services pursuant to | KP-0129 |
Municipal Retirement System |
Base updated service credit, System must calculate using number of months of credited service | LO96-121 |
City's errors in reporting members' contributions or enrollment dates, four-year time limit on correcting | JC-0066 |
National Guard, Texas |
Adjutant General, as chief of Texas National Guard, has authority to purchase liability insurance with federal funds to cover officers and employees who operate mobile shooting range | DM-0148 |
Federal Hazard Communication Standard, Texas National Guard not an employer but required to comply with | LO98-038 |
Hazard Communication Act, Texas National Guard not subject to | LO98-038 |
Occupational Safety and Health Act, Texas National Guard not an employer under | LO98-038 |
Natural Resource Conservation Commission |
Air Control Act, construction of provisions regarding notice of intent under the Act to apply for permit to relocate portable facility and regarding exemption of existing concrete crushing facility from statutory limits on location | JC-0493 |
Compliance history rule of Commission that considers facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and not unconstitutional as a retroactive law | JC-0515 |
Concentrated animal feeding operation, regulation of | LO97-085 |
Designated representative of an authorized agent of the Texas Natural Resource Conservation Commission under chapter 366, Health and Safety Code, is not a "peace officer" for purposes of sections 7.193 and 26.215 of the Water Code | JC-0468 |
Navigation district, procedure for dissolution of | LO96-006 |
On-site sewage facilities, authority of Commission to regulate | DM-0343 |
Onsite sewage facilities, Commission's authority to require owners to have ongoing maintenance contracts | JC-0440 |
Pollution-control property tax exemption, Commission's duty to limit exemption to that portion of property that controls pollution | JC-0372 |
Pollution-control statutes and rules, statute authorizing state agency to grant exemptions to does not violate constitutional suspension of laws, separation of powers, or local or special law provisions | DM-0474 |
Site evaluators for on-site sewage disposal facilities, Commission has no express or implied statutory authority to issue rules regulating | JC-0020 |
Tire recycling facility, Commission may award grant even though constructed prior to effective date of authorizing legislation | LO96-089 |
Nurse Examiners, Board of Vocational |
Administering dangerous drugs, the Board of Nurse Examiners may not permit registered nurses to administer a dangerous drug on the order of a therapeutic optometrist | GA-0236 |
Advertising for newsletter, Board did not have authority to contract with private vendor to solicit | LO93-004 |
Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board | JC-0117 |
Records of written complaint, Board may not expunge, except with permission of State Librarian | LO90-102 |
Nursing Home Administrators, Board of Licensure for |
Continuing education courses conducted by outside sources, Board may not impose fee for | DM-0219 |
Majority of Board is two-thirds of Board members | DM-0160 |
Quorum, ex officio Board members are not counted in determining | DM-0160 |
Occupational Therapy Examiners, Board of |
Per diem compensation and reimbursement for travel expenses | LO97-045 |
On-Site Wastewater Treatment Research Council |
Administrative support for the performance of council duties may be obtained only from the Department of Health | DM-0001 |
Optometry Board |
Cocaine eye drops, Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances | DM-0416 |
Therapeutic optometrist, authority of Board to define surgery for purposes of limiting practice of (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999)) | DM-0425 |
Pardons and Paroles, Board of |
Effective date of 1993 enactment authorizing Board to grant parole to person convicted of capital felony only on two-thirds vote | LO94-054 |
Hazardous duty pay, employees whose positions were reclassified in order to allow them to collect must serve one year before collecting | LO90-007 |
Innocence, rule stating requirements to apply for Board recommendation of pardon based on Board's authority to waive such requirements | GA-0240 |
Posthumous pardon, the Board is constitutionally authorized to recommend that the Governor grant a | GA-0754 |
Practice of law, whether person who creates parole kit for use in proceedings before Board engages in | LO97-104 |
Parks and Wildlife Department |
Convey donated real property or an interest therein, the Department of Parks and Wildlife may only if it determines that ownership of the property is no longer in the Department's best interest | GA-0182 |
Division of authority between Department and a water district to regulate fishing, guides, and tournaments | LO98-064 |
Dredging easement from General Land Office, holder of not required to obtain permit from Department for disturbances of marl, sand, gravel, shell, or mudshell | JM-1190 |
Effective date of amendments by Parks and Wildlife Commission to title 31, chapter 65, subchapter T of the Administrative Code | LO98-056 |
Fees for public records, vessel and motor ownership records are not "customer information" for which the Department may charge fees outside the Public Information Act pursuant to Parks and Wildlife Code section 11.030 | GA-0184 |
Peace officer retired from Department's law enforcement program is exempt from statutory reactivation and continuing-education requirements otherwise applicable to peace officers | JC-0548 |
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 | GA-0654 |
Replacement title for motor boat, authority of Department to issue | JM-1219 |
Pharmacy, State Board of |
Generic drug substitution, Board rule specifying that no drugs shall be included on a list of narrow therapeutic index drugs to which special refill rules should apply is consistent with legislature's mandate to Board in the Texas Pharmacy Act to establis | JC-0341 |
Member of Board not eligible for reappointment after serving two full terms | JM-1233 |
Revenues other than fines, for consolidation purposes they constitute "funds outside the state treasury" | LO93-026 |
Physical and Occupational Therapy Examiners, Executive Council |
Per diem compensation and reimbursement for travel expenses | LO97-045 |
Physical Therapy Examiners, Board of |
Examination fee, applicant for physical therapist license or physical therapist assistant license must be submitted to Board with license application | JC-0344 |
Needle electromyography, authority of Board and State Board of Medical Examiners to regulate | DM-0443 |
Office of emolument, member of Board holds and may not simultaneously serve as county clerk | LO98-055 |
Per diem compensation and reimbursement for travel expenses | LO97-045 |
Regulation of kinesiotherapy in Texas by Board not pre-empted by federal law, and kinesiotherapists not subject to registration by Department of Health | LO98-019 |
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 |
Trade association, individual is officer of and ineligible to serve on Board if individual holds position listed as an office in trade association's bylaws or is member of trade association's board | LO98-054 |
Trigger point dry needling, the Board is likely authorized to conclude that the scope of practice of physical therapy includes | KP-0082 |
Plumbing Examiners, State Board of |
Class C misdemeanor, application of penalty where amendments to Plumbing License Law not correctly codified in Vernon's Texas Civil Statutes | LO96-112 |
Licensed plumbing inspector for political subdivision must be employee of political subdivision, not independent contractor | JC-0382 |
Standards, Board may adopt plumbing of statewide applicability, but Board must adopt only the three codes incorporated into article 6243-101, section 5B(a) of the Revised Civil Statutes | JC-0012 |
Unlicensed school district personnel may not install new plumbing that is not incidental to maintenance work | LO90-100 |
Podiatric Medical Examiners, State Board of |
Hyperbaric oxygen therapy, whether constitutes practice of podiatry subject to determination by Board | DM-0423 |
Inspections, Board is not authorized to conduct warrantless, on-site compliance inspections | JC-0274 |
Regulation defining foot to include tibia and fibula is inconsistent with statutory definition of podiatry and was beyond Board's authority to adopt | JC-0441 |
Polygraph Examiners Board |
Continuing education requirements during work time, Board may allow employees to maintain peace-officer licenses by meeting and by paying attendant travel expenses | LO90-086 |
Former member prohibited from appearing before Board to sponsor intern before second anniversary of departure | DM-0223 |
Search without a warrant of polygraph examiner's commercial premises by Board is unconstitutional where inspection is not in response to formal complaint | JC-0204 |
Prevention of Developmental Disabilities, Office for the |
Fiscal control and oversight of the Health and Human Services Commission, the Office is not subject to | GA-0447 |
Grants and donations, article XVI, section 6(b) of the Texas Constitution does not authorize the Office to spend public and private grants and donations without specific legislative appropriation | GA-0447 |
Solicit funds such as private grants, the Office is authorized to | GA-0447 |
Private Investigators and Private Security Agencies, Board of |
Comprehensive complaint investigations, whether company offering must be licensed by Board | LO98-005 |
Disciplinary proceedings against licensee indicted but not convicted of felony, Board may not bring | DM-0068 |
Licensure exemption for peace officer directly employed by recipient of security services | DM-0287 |
Political subdivision not "person" subject to licensing by Board | JC-0114 |
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 | DM-0068 |
Private Security Board |
Locksmiths, licensed by board
Repossession agents, exemption under Private Security Act | GA-0800 |
Newly registered alarm installers, authority of Board to adopt rules concerning activities of | GA-0409 |
Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Board | GA-0435 |
Private Security, Texas Commission on |
Authority to regulate uniformed motorcycle escort services that perform traffic control and traffic safety functions, Commission does not have | GA-0008 |
License and registration requirements of chapter 1702 do not apply to commissioned peace officers who receive compensation for off-duty employment as security officers | GA-0256 |
Professional Engineers, Board of Registration for |
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 |
Engineering document is valid if properly sealed although the business entity that employs the issuing engineer has not registered with the Board | GA-0274 |
Federal employees not required to register, fee increase does not impact | LO96-039 |
Licensed by the Board, person engaging in the practice of engineering in Texas outside the scope of capacity as a federally appointed "designated engineering representative" must be | GA-0955 |
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 | GA-0287 |
Use of the title of "engineer," Board is authorized to regulate and restrict | JC-0525 |
Property Tax Board |
Abolition and transfer of authority to comptroller's office | JC-0002 |
Construction of agricultural use statutes entitled to consideration only to extent reasonable and consistent with statute | DM-0448 |
Protective and Family Services, Department of |
Burial expenses of child, whether Department, as permanent managing conservator, is responsible for | LO96-037 |
Child abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor | DM-0476 |
Child-care facility, Department may rescind license to operate of person convicted of criminal offense | JC-0130 |
Fees of attorney ad litem appointed for a parent under Family Code section 107.013, court may not order Department to pay | GA-0142 |
Psychologists, Board of Examiners of |
Board of Examiners of Psychologists rule must not be inconsistent with relevant statute | KP-0198 |
Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to Board's jurisdiction once he or she becomes licensed or certified as psychologist | JM-1247 |
Internet ordination, Board may consider as factor in determining claim of ministerial exemption but may not conclusively presume bad faith on sole basis of | JC-0535 |
Licensed Specialist in School Psychology, authority to use "Nationally Certified School Psychologist" as a professional descriptor | GA-0897 |
Mental health records of patients of a psychologist placed in the custody of the State Board of Examiners of Psychologists by a court order are likely not state records under Government Code chapter 441 | GA-1088 |
Patient records, validity of rule of Board excluding testing materials from statute governing confidentiality and access to | LO97-073 |
Psychological Associate Advisory Committee, duties of and relation to Board | LO96-050 |
Psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation, authority of Board to enjoin unlicensed practice of | DM-0321 |
Rule limiting psychologist's disclosure of subpoenaed patient records is invalid to the extent inconsistent with statute | LO96-102 |
State Board of Examiners of Psychologists has discretion to determine how to destroy records that are not state records under Government Code chapter 441 in a manner that fully protects the identity and privacy of the patients who are the subject of the records | GA-1088 |
Submission of bill to third-party payer by licensed psychologist for test conducted by supervisee | KP-0198 |
Unlicensed psychological extenders, Board may not authorize the use of, licensees may not use | LO96-147 |
Public Accountancy, State Board of |
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 |
Constructive enforcement volunteers assisting board with investigations are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code | DM-0457 |
License holder exemption from professional fees, employee of Brazos River Authority is eligible for | GA-0811 |
Public Finance Authority |
Appropriations act rider authorizing authority to issue revenue bonds to finance construction of state office building in Nueces County, validity of | LO93-013 |
Park development bonds may be issued by Public Finance Authority as the Legislature-appointed successor to Parks and Wildlife Department in accordance with article III, section 49-e of the Texas Constitution | LO92-027 |
Pricing committee appointed by the Authority board of directors is a governmental body subject to the Open Meetings Act | JC-0053 |
Rider to General Appropriations Act may authorize Texas Public Finance Authority to issue bonds to finance construction of state office building | LO92-013 |
Texas State Technical College System | JC-0523 |
Public Safety, Department of |
Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting licensee from dispensing unless licensee has registered with the Department | GA-0547 |
Department may issue enhanced driver's license issued under section 521.032 of the Transportation Code that conforms to section
7209(b) of Public Law 108-458 | GA-0598 |
Department no required to accept municipal court convictions of juveniles for misdemeanor offense of possession of drug paraphernalia | KP-0150 |
Dirt bikes, Department does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes | JC-0416 |
Dormitory or hotel, Department may not conclusively presume resident of is not Texas domiciliary | JC-0520 |
Driver training course taught by parent or legal guardian to minor, authority of Department to make rules for curriculum | DM-0400 |
Driver's license renewal, the Department of Public Safety may deny to any person who fails to appear in justice or municipal court, but not to a person who fails to appear in county or district court | GA-0479 |
Driver's license renewal, the Department of Public Safety may deny to any person who fails to pay fine or costs for any offense in any court with criminal jurisdiction | GA-0479 |
Driver’s licenses and personal identification certificates, Department may not delegate to county tax assessor-collector its duties relating to the issuance of, nor may a county participate in such a program | GA-0917 |
Employee may use sick leave to accompany adult daughter to obtain medical treatment | LO90-092 |
Free speech, whether Department must permit religious groups to distribute literature and solicit contributions on state property | DM-0064 |
Identifying markings on certain vehicles, Department may adopt rule concerning only if rule prescribes additional requirements regarding form of markings | LO98-127 |
Impoundment of out-of-state motor vehicles involved in accidents, procedures Department must follow | DM-0261 |
Oath of office, whether DPS commissioned peace officer is public officer required to take | GA-0365 |
Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney in connection with the attorney | GA-0275 |
Records relating to juvenile offenses committed prior to 1973, whether Department may maintain and whether it must seal or destroy | LO93-076 |
Salvage motor vehicle seizure provision, application to persons other than salvage vehicle dealers | LO97-114 |
Salvage motor vehicles, department lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of Transportation | GA-0022 |
Sex offender registration statute; registration based on out-of-state offense | GA-0454 |
Social security card, authority to require driver's license applicants to present | LO93-032 |
Social security number, Department may require license applicant who does not possess social security number to provide letter from Social Security Administration indicating ineligibility for | JC-0409 |
Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to | JC-0021 |
Public Utility Commission |
Assessment on public utilities, Commission has no authority to adjust rate | DM-0141 |
Federal grant funds, authority of to apply for, receive, and expend | DM-0288 |
Gross receipts assessment imposed by Public Utility Regulatory Act reaches all public utilities subject to jurisdiction of the Commission | JM-1280 |
Pecuniary interests making person ineligible for appointment as commissioner, Utilities Code section 12.152(b) divestiture provision does not cure a conflict under section 12.053(b)(1)(B) | GA-0010 |
Post-employment restrictions applicable to employee of Commission | DM-0209 |
Restructured wholesale electricity market within Electric Reliability Council of Texas, request for information concerning under Public Information Act | JC-0560 |
Sunset Act does not limit legislative authority to study and make recommendations about Commission by means of interim committees | LO94-002 |
Telecommunications market competition report, whether Open Records Act prevents Commission from providing to legislature and public | LO95-043 |
Purchasing and General Services Commission |
Mental Health/Mental Retardation, Department of must accomplish purchase or lease of property to be used for community-based mental health or mental retardation services through Commission | JM-1252 |
Purchasing from People with Disabilities, Council on |
Computer set-asides, catalogue purchasing procedures prevail over council's mandatory purchasing program with respect to state agency purchases | DM-0496 |
Council must account on annual basis for all funds received and disbursed, from whatever source derived | JC-0030 |
Racing Commission |
Background investigation not required of persons whose licenses are reinstated | LO92-001 |
Bankruptcy proceeding, Commission may revoke racetrack license if licensee has been subject to | LO92-078 |
Corporate racetrack owner, Commission may reinstate license if new owner of corporation was not associated with corporation that formerly owned racetrack | LO92-078 |
Cross-simulcasting, Commission may not promulgate rule authorizing wagers on | LO96-036 |
Nonpari-mutuel racetracks may not be regulated by | JM-1134 |
Reinstatement of racetrack license, duty to investigate individual who requests and who has not been subject to prior investigation (Clarifies and Modifies Tex. Att'y Gen. LO-92-078 & LO-92-001) | LO93-029 |
Reinstatement provisions are applicable to persons whose licenses were both expressly and constructively revoked | LO92-001 |
Rules proposed by Texas Greyhound Association for use of breakage allocated to it are subject to approval by Commission | DM-0211 |
Simulcast races, Commission may approve application for wagering on although racetrack facility incomplete or has not yet conducted live races | LO96-137 |
Simulcasting, Commission may promulgate rule authorizing at a class 3 or 4 racetrack on dates unconnected with livestock show, exhibition, or fair | LO96-036 |
Submission of election predict returns to the Secretary of State, whether county's timely submission constitutes certification of election results within Texas Racing Act is fact question for the Commission | GA-0286 |
Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art 179e. | GA-0867 |
Workers' compensation for racetrack employees, authority of Commission to adopt rules requiring racetracks to provide | LO93-020 |
Railroad Commission |
Fuels, including natural gas, used to generate electricity in deregulated industry, Commission not charged with initiating program to keep costs low | JC-0408 |
Liquefied petroleum gas industry - existing local ordinances, orders, or rules are preempted and superseded by Natural Resources Code section 113.054, without regard to their level of restriction or date of enactment, and without regard to whether the Texas Railroad Commission has adopted rules or standards governing a particular aspect or phase of, absent the Commission's permission as otherwise provided by section 113.065 | KP-0086 |
Liquefied petroleum gas industry - Local provisions relating to any aspect or phase of, A political subdivision may petition the Texas Railroad Commission under Natural Resources Code section 113.054 for permission to promulgate, only when such local provisions would be more restrictive than the rules or standards adopted by the Commission. | KP-0086 |
Notice for well-plugging, filing fees payable by Commission when filing | DM-0360 |
Oil Field Cleanup Fund, Commission authorized to use to plug abandoned wells, remediate oil or gas well sites and in certain circumstances to remediate commercial disposal sites | GA-0294 |
Pit, Commission may define "unacceptable unsafe location" to include inactive pit with edge located beyond 200 feet from public roadway intersection | JC-0164 |
Plats of oil well locations filed pursuant to commission rule need not be prepared by registered professional surveyor | JC-0475 |
Recusal, rule requiring written explanation of recusal exceeds Commission's authority | JC-0418 |
Refunds, authority to grant requests for fees paid in error | LO98-049 |
Regulation of intrastate ground transportation of packages by carriers that operate integrated air-ground delivery services, federal law preempts | LO93-112 |
Single commission member lacks authority to terminate or hire executive director without deliberation and decision from entire commission at properly called meeting | KP-0205 |
Standards of conduct, rule prescribing standards of conduct exceeds Commission's authority | JC-0418 |
Real Estate Commission |
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 |
Advisory board permitted to meet by telephone conference call under the Open Meetings Act, whether the Real Estate Inspector Committee constitutes | GA-0379 |
Agency rules, the Commission may establish by rule minimum service standards for a real estate broker who enters into an exclusive agency relationship to represent a party to a real estate transaction if the rule does not exceed the rule-making authority | GA-0282 |
Audits of continuing education courses, Commission may adopt rule permitting it to conduct unannounced | JM-1236 |
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 |
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 |
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 |
Liability insurance that real estate inspectors are required to carry | GA-0581 |
Renewal of license, whether Commission may refuse by virtue of licensee's failure to disclose social security number | DM-0286 |
Residential service contracts governed by article 6573b, Revised Civil Statutes, person offering must be licensed with the Commission | JC-0322 |
Rehabilitation Commission |
Overpayment of compensation to employees, request to comptroller to recover | GA-0171 |
Residential Construction Commission |
Authority of Comptroller to investigate state agencies | GA-0427 |
Injunctive relief for violations, Residential Construction Act allows Commission to refer names of builders that have failed to register with Commission to the attorney general who may seek | GA-0233 |
Residential construction, Residential Construction Act allows business entities or individuals falling within the general definition of "builder" that have a state or local license to engage in | GA-0233 |
Risk Management, State Office of |
Employees and Teacher Retirement System may not be allocated share of costs of workers' compensation benefits and risk management program | GA-0075 |
Property, casualty, or liability insurance; except for those otherwise excluded, state agencies subject to Labor Code chapter 501 must have State office of Risk Management approval to purchase for itself | GA-1061 |
Savings and Loan Associations |
Finance Commission executive director, service of Department Commissioner as is not dual office holding | LO92-070 |
Hearing date for appeal of denial of mortgage broker license, hearings officer must schedule the hearing for a date no later than thirty days after the date the Commissioner receives the applicant's appeal | GA-0167 |
School Safety Center, Texas |
Advice to the Center, including advice concerning the organization and design of the Center; the Board of Directors may offer
| GA-0767 |
Approve or disapprove a particular budget submitted to it, as long as it ultimately approves a budget annually as required by the Legislature, the Board of Directors of the Center is authorized to either
| GA-0767 |
Approving budgets for only those programs that are in furtherance of the Center’s powers expressly conferred by the Legislature or reasonably necessary to carry out its responsibilities, the Board of Directors is limited to | GA-0767 |
Secretary of State |
Advisory opinion regarding the counting of irregularly marked ballots, authority to issue | LO94-075 |
Anti-bribery statement signed by public officers before taking oath of office, state-level officers file with secretary of state | JC-0575 |
Commissioned as a notary public by the
Secretary of State, Government Code section 406.004 precludes an applicant with a conviction of a felony or a crime involving moral turpitude from being
| GA-0733 |
Health spa, filing of security bond with | DM-0157 |
Implement rules for disposition of a notary’s book and seal, secretary of state is required to | GA-0723 |
Local option elections | GA-0783 |
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 | GA-0733 |
Secretary of State is not returning officer for single-county legislative district for purposes of article III, subsection 13(a) | KP-0242 |
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 | GA-1095 |
State funds provided to county registrars, Secretary of State has authority to adopt rules restricting use of | JC-0038 |
Uniform Commercial Code - Secured Transactions, office in which financing statement amending, continuing, or terminating pre-effective-date financing statement covering consumer goods must be filed | JC-0526 |
Uniform Commercial Code - Secured Transactions, office in which financing statement terminating pre-effective-date finance statement must be filed under section 9.707(e) of Business and Commerce Code | JC-0486 |
Sex Offender Treatment, Council on |
Abuse or neglect of child, Council may not permit registered sex-offender-treatment provider to decide whether to report suspected where the suspicion is based on dated or incomplete information | DM-0458 |
Social Worker Examiners, State Board of |
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 | JC-0049 |
State Committee on Examiners in the Fitting and Dispensing of Hearing Instruments |
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 |
State Emergency Communications, Commission on |
Compensatory per diem, public members of the Commission on State Emergency Communications are not entitled to receive | GA-0318 |
Delinquent 9-1-1 emergency service fees, authority to collect | JC-0284 |
State Health Services, Department of |
Department of State Health Services, delegation of authority over mental health and chemical dependency services to a local behavioral health authority | GA-1081 |
Exemptions from immunizations required by the Department, private schools are not required to, but may accept | GA-0420 |
Texas Asbestos Health Protection Act, a municipality is included in the term "person" as used in the
Texas Asbestos Health Protection Act, sections 1954.351 and 1954.401(a)(1) are not limited in application to those persons who are registered or licensed under the
Texas Asbestos Health Protection Act, inclusion of a municipality in the definition of person does not constitute a clear and unambiguous waiver of immunity from suit for a violation of section 1954.259(b)(2) of the | GA-0729 |
Structural Pest Control Board |
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 |
Authority to regulate contract language or to enforce contracts between structural pest control providers and consumers, Board generally has | JC-0324 |
Legislature or Structural Pest Control Board, dispositive term in Texas Occupations Code, section 1951.003, "infest" as it pertains to vertebrate animals cannot be defined in opinion process because of necessary factual considerations and so must be defined by | GA-0346 |
Sunset Advisory Commission |
Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission’s authority to | GA-0979 |
Open Meetings Act, state agency testifying before Sunset Advisory Commission must comply with when quorum of members attend and furnish information | JC-0248 |
Surplus Property Agency |
Appropriations act general rider applies to agency because agency received appropriation under act | LO93-080 |
Property insurance, Agency not authorized to purchase with appropriated funds | DM-0197 |
Warrant, Agency may withhold to an entity that has failed to pay past-due service and handling charges | DM-0217 |
Tax Professional Examiners, Board of |
Classification of tax appraisers, assessors, and collectors, Board may make and may forbid practitioners to use improperly possessed title | LO93-101 |
Exemption of assessor-collector from registration requirements of Board, statutory scheme for precludes assessor-collector from engaging in property tax collection | JC-0273 |
Teacher Retirement System of Texas |
Accumulated vacation time, paid as salary under an employment contract, is not creditable compensation for purposes of determining benefits | GA-0300 |
Computation of benefits, retroactive salary increase granted in contravention of Texas Constitution need not be included in | LO94-093 |
Delegation of investment authority by and securities authorized for investment by board of trustees | JC-0043 |
Driver education, System may not include in calculation of teacher's retirement benefit payment teacher receives supplemental to regular salary for teaching | DM-0417 |
Eligibility of member of board to serve when his spouse receives retirement benefits from the System | LO96-142 |
Indexed life insurance product - conditions required for Teacher Retirement System to invest assets in | KP-0220 |
Indexed life insurance product - conditions required for Teacher Retirement System to invest assets in | KP-0220 |
Indexed life insurance product - conditions required for Teacher Retirement System to invest assets in | KP-0220 |
Investment brokerage service, retirement systems must make good faith effort to assist disadvantaged businesses in obtaining at least ten percent of value of contracts awarded for | DM-0184 |
Maintenance and operations average tax rate adjustment for school districts, Teacher Retirement System may calculate to the fourth decimal place to determine district's liability for state contribution to retirement fund | DM-0008 |
Proper formula under section 21.402, Education
Code, for determining the required contributions by a school district to the Teacher Retirement System for compensation that exceeds the statutory minimum | GA-0641 |
Removal of member of board, procedure for | LO96-142 |
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 |
Workers' compensation benefits and risk management program allocation, retirement system is not subject to | GA-0075 |
Telecommunications |
Informing general public of Fund's activities and legal responsibilities, authority of Board to spend appropriated funds for this purpose | JC-0350 |
Texas A&M University System |
Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure | GA-0438 |
Texas Workforce Commission |
40 Texas Administrative Code section 819.18 is a proper interpretation of Labor Code section 21.556(a). | GA-0281 |
The University of Texas System |
Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent. | KP-0021 |
Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure | GA-0438 |
Transportation Commission |
Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects | KP-0197 |
Federal regulation bars public agencies from bidding in competition with private contractors on state highway project that receives federal aid | JC-0171 |
State highway maintenance contract, county lacks authority to submit bid on | JC-0171 |
State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bonds | JC-0139 |
Transportation, Department of |
Application of administrative fees in Transportation Code subsection 228.0547(b) to entity contracting with TxDOT to operate toll lane under Transportation Code section 228.007(b) | KP-0184 |
Authority of Department of Transportation to enter facility agreements under North Tarrant Express Comprehensive Development Agreement | KP-0253 |
Cameras, Department's authority to install on state highway rights-of-way to monitor compliance with traffic-control signals to enforce traffic laws and to permit local authorities to install for the same purpose | GA-0440 |
Comptroller must determine whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium, and absence of that transfer in 2010-2011 biennium, results in a gain in overall funding to Texas Department of Transportation | GA-0777 |
Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation" | GA-0776 |
Local law enforcement officers must be certified by Department to enforce weight restrictions | KP-0245 |
Material specifications for construction and maintenance contracts may not be limited to particular vendor if other vendors have similar products of equal quality, and may not include requirements that are unrelated to the material's quality or performanc | JC-0124 |
Monies held in trust in a particular subaccount of the state highway fund, Department may not transfer to a regional transportation authority | GA-0687 |
Oil and gas royalties received for depletion of highway rights-of-way, disposition of | DM-0370 |
Oversize or overweight vehicle, if applicant satisfies statutory requirements Department must issue permit to applicant to operate | JC-0517 |
Overweight vehicles, Department of Transportation may issue permits for | DM-0028 |
Petition protesting zoning change, Department may participate in as owner of real property in its right-of-way | DM-0167 |
Proceeds from the sale of salvage or surplus personal property purchased with funds constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after September 1, 2003, may b | GA-0143 |
Rider in appropriation to Department requiring city to agree to Department's choice of location for border inspection station is unconstitutional for attempting to amend general law in an appropriation act | JC-0448 |
Statewide Transportation Policy Committee and Bicycle Advisory Committee, Department has implied authority to create (Modifies Tex. Att'y Gen. LO-98-009 to the extent of conflict) | JC-0189 |
Texas Department of Transportation may revoke local law enforcement officer's authority to act as weight enforcement officer | KP-0245 |
Texas Manual on Uniform Traffic Control Devices for Streets and Highways, whether local authorities may place multi-way stop signs at intersections consistent with state statutes and | JM-1182 |
Toll roads, Department cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue | JC-0353 |
Transportation Code section 223.242 - the Department of Transportation may enter into a design-build contract for a highway project with a construction cost estimate of $150 million or more pursuant to section 223.242, Transportation Code | KP-0077 |
Vehicle storage facility, Department reasonably interprets its rules to permit the operator of to release a stored vehicle to an individual who is not a member of the registered vehicle owner's immediate family if the individual presents a completed Affidavit of Right of Possession and Control and otherwise complies with title 43, section 18.92(a)(3) of the Texas Administrative Code | GA-0493 |
Workers' compensation, motor carriers hauling materials to and onto Department construction sites must carry | DM-0241 |
Treasurer |
Purchase of securities from TexPool at below market value, whether state treasurer may use state funds in treasury for | LO96-013 |
Turnpike Authority |
Toll roads, Department of Transportation cannot grant state highway fund monies to Authority for toll roads except on condition of repayment from toll proceeds and other revenue | JC-0353 |
Veterans Land Board |
Direct security repurchase agreements, call option contracts, reverse, repurchase agreements, and collateralized mortgage obligations not "bonds or obligations of the United States" in which article III, sections 49-b and 49-b-1of Texas Constitution permi | JM-1201 |
Veterinary Medical Examiners, Board of |
Controlled substance, Board may adopt rule prohibiting licensee from dispensing unless licensee has registered with Department of Public Safety | GA-0547 |
Licensees may be disciplined for permitting or allowing another to use their license or certificate to practice veterinary medicine | DM-0498 |
Practice of veterinary medicine without a license, penalties and remedies in licensing statute not applicable to corporation | DM-0498 |
Professional fee, authority of Board to collect in addition to examination fees and licensing fees | LO95-044 |
Rules designed to protect safety of public records and prevent disruption of working conditions in office, authority of Board to promulgate | LO90-109 |
Water Advisory Council, Texas |
Public Information Act, Texas Water Advisory Council is subject to | GA-0065 |
Water Commission |
Ex parte communications by hearings examiner in contested case about hazardous waste permit, statutory prohibition against | DM-0144 |
Rule-making delegation to Commission does not violate Texas Constitution | DM-0054 |
Water Development Board |
Newsletter for employees, agency may produce and accept donations for but may not print advertisements promoting donor businesses | LO93-007 |
Water-use surveys, repeal of confidentiality provision applies to surveys submitted to board before repeal's effective date; to the extent repeal has some retroactive effect, it does not violate constitutional prohibition against retroactive laws | GA-0149 |
Workers' Compensation Commission |
Americans with Disabilities Act preempts, to the extent of conflict, a state law requiring Commission to release information to employers about applicants' prior injuries | DM-0124 |
Attorney disciplinary rule prohibiting contact with person represented by counsel, commission rule requiring insurance carrier to send copies of written communications to both claimants and their attorneys creates an exception to | JC-0572 |
Formula for costs of risk management services to be paid by state agency to Risk Management Division of Commission does not restrict exposure to that "which arise[s] from incidents within the agency's control" | LO97-106 |
Information on injury for which employee absent for less than a day not confidential under the Open Records Act unless it is in or derived from a claim file, whether excepted under common-law privacy must be determined on a case-by-case basis, Commission | DM-0181 |
Information on injury for which employee absent for less than a day, Commission may not destroy even though not required to collect, Commission need not release to prospective employer in record or pre-employment check unless certain requirements met, Com | DM-0181 |
Liability insurance, authority of Commission to purchase (Withdrawn by Letter 7/31/96) | DM-0346 |
Separate business entity, authority of Commission to define by rule | LO95-021 |
Workforce Commission |
Block grant funding, authority to use to fund workforce development programs listed under Labor Code section 302.062(g) | GA-0376 |
Comptroller must determine whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium, and absence of that transfer in 2010-2011 biennium, results in a gain in overall funding to Texas Department of Transportation | GA-0777 |
Local workforce development board's private-sector representative, Commission rule may not be construed to impose additional eligibility requirements on | JC-0298 |
Parental consent forms, Commission may not require of minors engaged in delivery of newspapers to the consumer | JC-0309 |
Youth Commission |
Commission, authority to require sex offender registration of juvenile upon release | GA-0772 |
Conviction information that the Texas Youth Commission must furnish to a school district when its parolee transfers to a district in which he has not been previously enrolled | GA-0860 |
Hazardous duty pay, employee's eligibility to receive | DM-0376 |
Teachers, longevity and benefit replacement pay included in capped salary rate for | LO97-010 |
Vocational shop projects, sale of to public | LO98-018 |