Cumulative Subject Index
AG Opinions 1990-Present

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CONSTITUTIONAL LAW - UNITED STATES
Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Commerce ClauseJC-0093
At will employees, whether employees of Department of Mental Health and Mental Retardation areLO95-063
Commerce Clause limitations on taxation of business aircraft used outside the stateJC-0180
Commerce Clause, court would find that state statute requiring imported meat to bear label disclosing country of origin violates, but would not find state statute requiring state agency or political subdivision to purchase only domestic beef violatesJC-0531
Commerce Clause, statute that imposes impact fee upon interstate and foreign operators of barges delivering petroleum products but that does not impose impact fee upon intrastate operators of barges delivering petroleum products violatesJM-1258
Commerce Clause, whether state regulation of Internet violatesDM-0500
Compelling state interest, state agency must follow standard of, when interfering with parental right to control upbringing of childrenJC-0226
Constitutional challenge, Legislatureís decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand aGA-0774
Contracts, commissioners court may not refuse to enter into if such refusal will violate Eighth or Fourteenth Amendment rights of county prisonersLO98-072
Controlled substance tax only implicates Fifth Amendment Double Jeopardy Clause when tax has been paid in fullJC-0086
Drug testing policies proposed by municipality and state universityDM-0121
Federal law does not preempt Human Resources Code section 32.0248(h), which, provides that the Health and Human Services Commission may not contract with entities that are affiliates of entities that perform or promote elective abortionsGA-0844
Fingerprint requirement for driver's license application not barred by any federal constitutional provisionLO97-006
Firearms, municipal housing authority may not regulate tenants' legal possession ofDM-0071
Freedom of movement, minorsGA-0425
Hazardous waste generated in foreign country, ban on importation into Texas violates Commerce ClauseJC-0017
Horsemeat exported abroad, the application of transportation ban to foreign corporation transporting horsemeat through Texas does not violate the Commerce ClauseGA-0623
Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase wouldDM-0031
Impairment of contract, retroactive application of law forbidding assumption of debt by economic development corporation would constituteDM-0299
Inspections, Texas State Board of Podiatric Medical Examiners not authorized to conduct warrantless, on-site compliance inspectionsJC-0274
Internet ordination, Board of Examiners of Psychologists may consider as factor in determining claim of ministerial exemption, but may not conclusively presume bad faith on sole basis ofJC-0535
Live Oak Treaty of 1838 between the Lipan Apache Indian Tribe and the Republic of Texas, subsequent Council Springs Treaty executed by Lipan Indians and the United States abrogatesGA-0339
Local government policy that prevents cooperation with the federal government regarding a personís immigration status, likely preemptedGA-0699
Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities burdens interstate commerceJC-0052
Motor vehicles from out of state involved in accidents, constitutionality of impoundment proceduresDM-0261
Municipal juvenile curfew ordinance of Crockett, Texas constitutional on its faceLO98-111
Privacy, double jeopardy, and self-incrimination, licensing agency's requirement that applicants and licensees provide agency with criminal history information does not violate constitutional guarantees regardingGA-0064
Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirementsGA-0992
Random drug testing by private employers, city ordinance prohibiting is reviewed under "rational basis" testDM-0236
Residency requirement for applicants for liquor license, constitutionality ofDM-0361
Roadblocks set up by game wardens subject to balancing test devised by United States Supreme CourtLO94-026
Search and seizure, whether surveillance of public school student locker rooms by video constitutesLO95-034
Search without a warrant of polygraph examiner's commercial premises by Polygraph Examiners Board is unconstitutional where inspection is not in response to formal complaintJC-0204
Self-incrimination, polygraph examinee may have right to claim privilege againstJC-0070
Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speechGA-0658
State licensing fee, certified public accountants employed by federal government may be assessedDM-0237
Statutory requirement that an applicant for a license supply social security number, is neutral and uniform in application, and is a reasonable means of promoting a legitimate public interest and so does not violate the free exercise guarantee of the UnitGA-0289
Taking, growth-management plan of home-rule municipality that caps number of residential building permits issued in a specified period of time may constitute compensableJC-0142
U.S. Supreme Court's test to determine if state law violates U.S. Commerce Clause involves questions of fact that cannot be answered in an attorney general opinion.GA-0867
Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rightsJC-0302
Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent toJC-0021
Whether unconstitutional provision of state statute is severable is a matter of state law. A provision is severable if the remaining statute is capable of execution independent of that which was strickenGA-1020
Due Process
Ballot petition, rights to political association and to vote, constitutionality of requiring signers' voter registration numbersLO96-005
Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of AppealsGA-0695
Denver boot, use of is not per se violative of due processLO93-039
Employment, validity of state university policy requiring executive approval for outside employment including elective officeLO96-109
Grand jury room, presence of interpreter for deaf grand juror will not violate due process rights of subject of grand jury investigationDM-0411
Grandparent access statute, section 153.433 of the Family Code is constitutional on its face but may be unconstitutionally appliedGA-0260
Hair and beard, distinction between not void for vagueness on its face; but State Board of Barber Examiners should clarify by rule to avoid vagueness problem in applying statuteJC-0211
Jury room, presence of interpreter for deaf or hearing-impaired juror will not violate due process rights of criminal defendantDM-0392
Participation in extracurricular activities, public student's interest in is not a property rightDM-0446
Polygraph examination, examinee not entitled to counsel duringJC-0070
Procedural Due Process under the Mathews v. Eldridge factors, an indigent parent in termination proceeding is entitled to non-appellate transcripts of hearing and depositions when required byGA-0461
Property interest in employment of public employees who may be removed for good cause with board's consentLO95-063
Protected right to collect or to contract with hauling company of choice, within municipal jurisdiction neither private solid-waste hauling company nor residential construction contractor haveJC-0035
Refusal of employee to admit process server to area of business designated by employer as "private" is not an offense under section 38.16(a) of Penal Code, because, as thus applied, statute runs afoul of Fourth Amendment to United States ConstitutionGA-0113
Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adoptGA-0526
Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutionalDM-0123
Retroactive law, investigation of chemical dependency counselor for conduct occurring before effective date of statute penalizing conductLO94-013
Section 38.16 of Penal Code, which creates offense for preventing the execution of process, is not on its face void for vaguenessGA-0113
Seizure of leased paging device in possession of student by school districtDM-0352
Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutionalDM-0410
Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rightsDM-0414
Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearingDM-0419
Equal Protection
Ad valorem tax on motor vehicle leased to person who uses it for personal purposes, constitutionality ofLO96-030
Ballot access, statute requiring drainage district board member to own land within the district is unconstitutional if requirement does not rationally serve a legitimate state purposeDM-0484
Building permits, capping number of residential but not number of nonresidential a home-rule municipality issues in a specified time period probably does not, as a matter of law, violateJC-0142
Business aircraft used outside of state, allocation of value required only if aircraft has acquired taxable situs in another stateJC-0180
Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of AppealsGA-0695
Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under Fourteenth AmendmentDM-0367
Driver education teacher in public school who receives payment supplemental to regular salary, whether state may exclude from calculation of teacher's retirement benefitDM-0417
Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law wouDM-0042
Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from tuition is probably unconstitutionalDM-0468
Incentive plan for certain county employees does not violate equal protection guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners courtGA-0492
Law enforcement services in different areas of county, absent invidious discrimination based on suspect class, equal protection requires only that county government have rational basis for providing different levels ofJC-0125
Marriage license requirements, constitutionality of oath regarding child support obligationsDM-0384
Medical coverage for district officers, county's plan to phase outDM-0337
Minority and women-owned businesses, constitutionality of county policy to increase contracts with depends upon facts such as county's basis for adopting policyDM-0226
Participation in extracurricular activities, public student's interest in is not fundamental rightDM-0446
Pay scale differential for justices of the peace as violative of Equal Protection ClauseDM-0051
Petition for creation of water district, constitutionality of Water Code restriction of signatories to land owners dependent on factual determination concerning purpose of district and potentially disparate impact on land ownersJC-0406
Property ownership requirement as qualification to serve as member of the board of directorsGA-0756
Race or ethnicity as a factor in student financial assistance, law regarding use unsettled (Tex. Att'y Gen. L0-97-001 Withdrawn)JC-0107
Race-based scholarship program administered by private, nonprofit organization, Fourteenth Amendment does not apply to purely private conductLO98-045
Referendum election on venue project, classification scheme obviating need for election in counties that have recently held does not unconstitutionally discriminateDM-0453
Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adoptGA-0526
Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutionalDM-0123
School districts, right to equal protectionDM-0325
State action, assuming that a private entity that is credentialed by the state to provide continuing education for peace officers and with which the state contracts to provide such training is engaging inGA-0572
State action, whether public university's involvement in private scholarship program constitutesLO98-045
State action, whether use of privately endowed fund administered by state university constitutes (Withdrawn by Tex. Att'y Gen. Op. No. JC-0107 (1999))LO97-001
Statutes providing for unauthorized aliens to receive in-state tuition at Texas state colleges and universities, whether they violate federal law and federal equal protectionGA-0732
Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements.GA-1013
Teacher Retirement System and optional retirement program, constitutionality of different rates of state contribution toLO93-048
Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d)of art. 179e.GA-0867
Union membership, classification on the basis of is subject to review under the rational-basis standardGA-0572
University admissions, financial aid, scholarships, recruitment and retention, permissibility of programs that are not race-neutral (Withdrawn by Tex. Att'y Gen. Op. No. JC-0107 (1999))LO97-001
Voucher system, whether home-schooled children may be excluded fromJC-0091
First Amendment
Anonymous printed political advertisements, law prohibiting individual from creating and distributing in issue-based election is unconstitutionalJC-0243
Ballot petition, rights to political association and to vote, constitutionality of requiring signers' voter registration numbersLO96-005
Cathedral, constitutional question raised if public funds were appropriated to restore or preserveJC-0578
Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under First AmendmentDM-0367
Discharge of at-will sheriff's personnel for political views or activities opposed to sheriff, impermissible unless activities disrupt officeLO96-139
Disorderly conduct statute facially constitutional as "time, place, or manner" restriction on speechLO96-150
Establishment Clause, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campusGA-0252
Free exercise of religion, chapter 110 of the Civil Practice and Remedies Code restores compelling interest test for state burdens onJC-0200
Free speech, whether Department of Public Safety must permit religious groups to distribute literature and solicit contributions on state propertyDM-0064
Free speech, whether the Texas Advertising Fee Statute violates free speech protections is a fact-intensive question that cannot be resolved in an attorney general opinionGA-1020
Joint-credit courses to private school students, Constitution does not prohibit public junior college from offeringJC-0013
Latin crosses, whether erection as fatality markers in county right-of-way violates the Establishment ClauseLO97-018
Penal Code provision prohibiting attorney from sending direct mail solicitation to criminal defendant within thirty days of his arrest contravenes First AmendmentJC-0022
Policy requiring certain probationers to conform to dress and hair code, constitutional if designed primarily for rehabilitation and protection of public, and is reasonably related to such endsLO93-095
Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interestGA-0068
Prayer, whether state university may begin commencement and other official university events withLO94-057
Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizationsJC-0417
Probation condition that restricts right to free expression or privacy, validityDM-0437
Religious group, use of state university facilities for conference hosted byLO95-031
Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adoptGA-0526
School districts, right to free speechDM-0325
Schoolchildren's Religious Liberties Act, continuted exisitence of federal permanent injunction issued against Houston Independent School District precludes determination of whether certain terms of injunction prevail over provisions ofGA-0609
Social security numbers, constitutionality of requirement that driver's license applicants provideLO93-032
Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rightsDM-0408
Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to ConstitutionJC-0458
Whistleblower, school district's guidelines regarding do not facially violate First Amendment but school district must take care to sanction only when employee speech has genuine effect on workplaceLO97-087
Public Officeholders
Lottery Commission, constitutionality of statute prohibiting a member of the Lottery Commission from coercing, attempting to coerce, or advising a person to contribute for political purposesGA-0647
Supremacy Clause
Aliens, federal laws on admission, naturalization, and residence of aliens preempt inconsistent state lawJC-0394
Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Supremacy ClauseJC-0093
Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overridesDM-0419
Article 21.74 of the Insurance Code, which establishes a Holocaust registry, interferes with the President's conduct of foreign affairs, and is thus preempted by the United States ConstitutionGA-0116
Bread weight standards under state law not preempted by federal labeling lawsJC-0007
Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of AppealsGA-0695
Concealed handgun, 18 U.S.C. § 926C, which authorizes a qualified retired law enforcement officer to carry, does not preempt Texas Occupations Code section 1701.357, which provides a means by which some retired peace officer may obtain the proficiency certification required under federal lawGA-0564
Currency Exchange Act may not be enforced on Kickapoo Indian Reservation because incompatible with federal and tribal interestsDM-0442
Designated engineering representative appointed by Federal Aviation Administration need not be licensed as a Texas professional engineer unless engaged in practice of engineering in Texas outside scope of federal designationGA-0955
Eminent domain, federal government's power of is superior to state's right to control land within state's bordersLO96-122
Federal contractors, Texas Board of Professional Engineers' authority to license and register engineers preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualificationsJC-0390
Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from CanadaGA-0384
Federal law preempts state regulation of intrastate ground transportation of packages by carriers that operate integrated air-ground delivery servicesLO93-112
Federal prisoners incarcerated in private facilities located in Texas, federal regulation of facilities pursuant to contractLO96-151
Federal regulation permitting housing authorities to administer "portable" rent subsidies outside of their jurisdiction expressly preempts state lawDM-0434
Horsemeat exported abroad, the application of transportation ban to foreign corporation transporting horsemeat through Texas is not likely preempted by section 1553 of the Tariff Act of 1930GA-0623
Immigration status does not exempt person from generally applicable state licensing schemeJC-0566
Inconsistent state laws, although Texas law grants legal guardians the right of care, control, and protection of their wards, the Supremacy Clause requires inconsistent state laws to yield to valid federal laws and regulationsJC-0461
Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more thanGA-0331
Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities preempted by federal lawJC-0052
Medical Device Amendments of 1976 to Federal Food, Drug, and Cosmetic Act of 1906, subsections 402.451(a)(6) and 402.451(a)(7) of Occupations Code expressly preempted byGA-0525
Motor carriers of property, whether 49 U.S.C. § 14501(c) governing state authority over motor carriers preempts state law providing for residential delivery company employee background checksGA-0183
Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department of Human Services to delete certain information fromDM-0040
Regulation of kinesiotherapy in Texas by Board of Physical Therapy Examiners not pre-empted by federal law, and kinesiotherapists not subject to registration by Texas Department of HealthLO98-019
Section 7209(b) of Public Law 108-458, enhanced driver's license issued under section 521.032 of the Transportation Code is not preempted under federal law when it conforms toGA-0598
Securities, federal law restricting the sale of unregistered preempts state law requiring the comptroller to sell at public sale unclaimed unregistered securities only if the comptroller would be an underwriter by doing soGA-0309
Service credit, statute prohibiting disabled members of Teacher Retirement System over 60 years of age from curing disability and earning additional credit preempted by federal age discrimination statuteDM-0154
State law, federal law supersedes if the two laws actually conflictJC-0045
Statutes providing for unauthorized aliens to receive in-state tuition at Texas state colleges and universities, whether they violate federal law and federal equal protectionGA-0732
USA Patriot Act of 2001 does not preempt Texas statute restricting access to magnetic stripe information on driver's licensesJC-0540
Whether the Texas Advertising Fee Statute as it applies to cigarettes is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinionGA-1020
Revised: June 08, 2012