Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Access to records, federally-funded state protection and advocacy systems for persons with mental illness or developmental disabilities may, in accordance with federal law, have access to records even if person's legal guardian objects to such accessJC-0461
Airline Deregulation Act of 1978, preemption of regulation of air ambulance subscription program for air ambulances providing interstate transportationGA-0684
Airline Deregulation Act preempts state regulation of intrastate ground transportation of packages by carriers that operate integrated air-ground delivery servicesLO93-112
Alternative Mortgage Transaction Parity Act does not attempt to authorize state savings and loan associations to make home equity loans, which would preempt Texas homestead lawsJM-1269
Americans with Disabilities Act preempts, to the extent of conflict, a state law requiring Workers' Compensation Commission to release information to employers about applicants' prior injuriesDM-0124
Americans with Disabilities Act, application to county plan to phase out medical coverage for district officersDM-0337
Americans with Disabilities Act, Cosmetology Commission may not, consistent with the act, refuse to license person with hepatitis if otherwise qualifiedDM-0499
Americans with Disabilities Act, court would probably find that state agency violated if it denied Texas residents meaningful access to state servicesGA-0579
Americans with Disabilities Act, deaf or hearing-impaired grand juror must be provided with interpreter to guarantee right of access to court mandated byDM-0411
Americans with Disabilities Act, deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated byDM-0392
Americans with Disabilities Act, state examiner's duty to accommodate disabilities in professional licensing examinationsJC-0050
Americans With Disabilities Act, Texas Department of Licensing and Regulation has discretion to defer enforcement against gasoline pump credit-card readers of general reach-range requirements set underLO98-078
Americans with Disabilities Act, whether charging handicapped persons fee for use of power bingo system prohibited by and whether availability of power bingo system to handicapped persons is required byDM-0305
Arbitration Act, validity under of agreement between retailer and purchaser of manufactured home choosing binding arbitration in lieu of judicial forum to resolve claimsLO94-089
Brady Law, county commissioners court may set fee for researching criminal history records of applicant for handgun ownership underLO94-084
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
Capper-Volstead Act, exemption of agricultural cooperative marketing associations from federal antitrust laws basis for one vote limitation in Agriculture Code provisionDM-0266
CERCLA remediation action in the State of Texas, the U.S. Environmental Protection Agency must follow more stringent state standards that are applicable or relevant and appropriate requirementsGA-0290
Civil Rights Act of 1964, application to federally-funded state and local programsDM-0341
Clear notice to the State of how to use federal funding, conditions placed on a state's acceptance of federal refugee dollars that are not found in the text of a federal statute could be unenforceable if the conditions do not provideKP-087
Complaints about religious Institutionsí secular programs of study, the Texas Higher Education Coordinating Board may handleGA-0902
Concealed firearms, Law Enforcement Officers Safety Act of 2004, state's training and qualifying firearm standardsGA-0463
Concealed handgun, 18 U.S.C. § 926C authorizes a qualified retired law enforcement officer to carry if the officer has obtained the state proficiency certification provided by state lawGA-0564
Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") does not require or authorize a county to pay any portion of a retiree's health insurance premiums or to make health insurance coverage available beyond COBRA's mandatory time periods for coJC-0297
Cooperative purchasing program whereby U.S. General Services Administration would make federal supply schedules available to state and local governments, effect of repeal on state purchasing provisionsJC-0230
Costs for furnishing information to its licensees under Federal Randolph-Sheppard Act, Texas Commission for the Blind may not impose forGA-0180
Councils of government as units of general local government for purpose of HUD's HOME ProgramGA-1037
Counseling records may be withheld from parent of minor student only under limited circumstancesJC-0538
County-owned pounds and animal shelters, whether federal law requires holding of cats and dogs for five daysLO94-041
Credit Unions, scope of authority of state-chartered credit unions under statute granting them parity with authority of federally-chartered credit unionsGA-0882
Deferred compensation plan, water district directors may not participate inJC-0197
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
Driverís Privacy Protection Act, whether it permits disclosure of driverís license photo on internet for law enforcement purposesGA-0789
Electronic Signatures in Global and National Commerce Act (the "E-Sign Act") does not require a county clerk to accept electronically generated real estate filings or paper copies thereofGA-0228
Employee Retirement Income Security Act does not preempt Insurance Code provisions to the extent they apply to governmental employee benefit planDM-0276
Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state statute deeming requested information confidential is preempted by federal statute authorizingJC-0280
Fair Labor Standards Act, compensatory time accrued by state employees underJC-0188
Fair Labor Standards Act, members of Huntsville Volunteer Fire Department are excepted from coverage ofLO92-054
Family Educational Rights and Privacy Act - A university likely may not withhold student records from state or local education officials that are necessary in connection with an audit and evaluation of a state supported education program underKP-021
Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that such employees JC-0333
Family Educational Rights and Privacy Act of 1974, authority of Interagency Council on Early Childhood Intervention to require local service providers to submit information about children and their familiesJC-0561
Family Medical Leave Act of 1993 (FMLA), option of state employees on FMLA leave who are receiving workers' compensation benefits to substitute paid vacation leave for unpaid FMLA leaveJC-0040
Federal Brady Handgun Violence Prevention Act does not require or authorize Department of Mental Health and Mental Retardation to disclose otherwise confidential records to law enforcement officers performing background checksDM-0353
Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from CanadaGA-0384
Federal tax law, questions about should be directed to the Internal Revenue ServiceGA-0130
Federally approved facility security plan under either the Maritime Transportation Security Act or the Chemical Facility Anti-Terrorism Standards does not equate to federal law that would preempt Labor Code section 52.061GA-0972
Gambling laws, application to persons in separate locations who bet on card games using computers and to persons facilitating such betsDM-0344
Hazard Communication Standard, Texas National Guard not an employer but required to comply withLO98-038
Health care services' investment arrangement, physician's authority to participate in and refer patients toLO95-041
HIPAA (Health Insurance Portability and Accountability Act) privacy regulations allow health care providers to disclose confidential health information about a victim of abuseGA-0106
Homeowners Protection Act of 1998, notification of mortgagor's right to cancel private mortgage insurance under is consistent with state lawJC-0045
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
Immunity, in event suit is brought as a result of a justice court ordering a child detained for contempt without authority to do so, county could invoke immunity with respect to state claims but could be subject to suit under federal claimsJC-0454
Indian Gaming Regulatory Act, application to federally recognized Indian tribes in TexasGA-0278
Indian tribes, right to conduct gaming on Indian land in states that otherwise allow gaming, as regulated by Indian Gaming Regulatory ActDM-0032
Individuals with Disabilities Education Act, application of disciplinary policy to special education students by school district may implicateJC-0491
Individuals with Disabilities Education Act, Part C, authority of Interagency Council on Early Childhood Intervention to require local service providers to submit information about children and their familiesJC-0561
Internal Revenue Code, American Legion, Department of Texas, exempt under section 501(c)(19)LO97-098
Internal Revenue Service regulations, charitable pooled income fund trust agreement allocating mutual fund short term capital gains to income would not fundamentally depart from Texas lawLO96-095
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
Magnetic stripe information on driver's license, statute permitting private parties to access in order to prevent violations of Alcoholic Beverage Code is not inconsistent with Federal Driver's Privacy Protection ActJC-0423
Marriage ceremony in Texas, senior status federal judge meeting the requirements of 28 U.S.C.A. § 371 is authorized to conduct aGA-0982
Meat Inspection Act, 21 U.S.C. ch. 12, does not appear to preempt Texas law criminalizing production or possession of horse-meat intended to be consumed by humansJC-0539
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
Medical information provided by person with disability to state agency in request for accommodations in licensing examination is not confidential under Americans with Disabilities ActJC-0555
Medicare prohibition against remuneration for securing or soliciting patients or patronage not violated by ophthalmologist and optometrist receiving Medicare funds as co-managers of patientLO93-084
Medicare, federal and state anti-kickback statutes do not apply to a hospital authority contract that conforms with criteria set forth in federal regulationDM-0138
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
National Traffic and Motor Vehicle Act provisions regarding safety standards for school buses do not apply to purchasers, lessees, renters, or users of motor vehicles used to transport students (Withdrawn by Letter 9/08/95)DM-0362
Natural fathers, disallowing disability benefits for does not violate federal lawJM-1203
North American Free Trade Agreement, professional licensesJC-0051
Nutrition Labeling and Education Act of 1990 does not preempt state law establishing mandatory bread weightsJC-0007
Occupational Safety and Health Act, Texas National Guard not an employer underLO98-038
Older Americans Act, legal representation of Department on Aging volunteersDM-0206
Penal and correctional institution housing only federal inmates subject to federal, not state, standards and regulations, even if operated by a municipality under an agreement with the Bureau of Prisons (Withdrawn by Tex. Att'y Gen. LO-96-151)DM-0404
Periodicals class mail, name-change from second-class mail involves no substantive changeLO96-084
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, professional license JC-0051
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, whether Board of Professional Engineers must verify immigration status of persons seeking licensure under NAFTA pursuant toJC-0051
Postal Service Domestic Mail Manual, holder of periodical mailing privileges not entitled to presumption that periodical is newspaper of general circulationJC-0223
Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, federal law does not entirely prohibit collection of and shipment to foreign countriesJC-0412
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
Prison made goods, statute on transportation in interstate commerce ofDM-0233
Privacy Act of 1974, whether failure to disclose social security number authorizes state agency to refuse license renewalDM-0286
Privacy Act, tax assessor-collector may refuse to issue certificate of title to applicant who refuses to disclose social security number without violatingLO96-093
Privacy of individually identifiable health information, federal standards forJC-0411
Profit-sharing plan to which employer may contribute under federal law, employee may not designate agent, broker, or insurance carrier for contributions employer makes toLO92-080
Railroads, Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Act, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing forGA-0331
Regulating religious institutionsí religious programs of study, the Texas Supreme Court has held that the Texas Higher Education Coordinating Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutionsí secular programs of studyGA-0902
Regulations promulgated pursuant to National Manufactured Housing Construction and Safety Standards Act of 1974 requiring safety and construction compliance label on manufactured homes for sale or lease do not preempt Texas law requiring labels to be removed from irreparably damaged, salvaged homesKP-199
Resource conservation and development council established under 16 U.S.C. chapter 54, status as charitable organization under state lawDM-0402
Section 7209(b) of Public Law 108-458, enhanced driver's license issued under section 521.032 of the Transportation Code is consistent with 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
Social security numbers, Department of Public Safety's authority to require from driver's license applicantsLO93-032
Student loans, federal statute permitting Texas Guaranteed Student Loan Corporation to garnish wages of defaulters on federally-guaranteed loans overrides anti-garnishment provision of state constitutionDM-0419
Supreme law of the land, Indian treaties supersede conflicting state laws or state constitutional provisionsGA-0339
Tax lien, filing notice of or release of by Secretary of Treasury or delegateLO95-091
Title XI of the Federal Financial Institutions Reform, Recovery, and Enforcement Act does not require the Texas Appraiser Licensing and Certification Board to adopt additional education requirements for appraiser traineesGA-0253
Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing in accordance with federal lawDM-0414
Voting Rights Act, application to redistrictingGA-0063
Voting Rights Act, whether cases may be assigned to special visiting district judge pending preclearance of new district court by the United States Department of JusticeLO95-061
Welfare Reform Act provides that undocumented aliens are ineligible for state or local public benefitsJC-0394
Whether the federal Cigarette Labeling and Advertising Act preempts the Texas Advertising Fee Statute is a fact-intensive question that cannot be resolved in an attorney general opinionGA-1020
Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, applicable to gaming by those two tribesGA-0278
Federal Benefits
County indigent health care, commissioners court authority to adopt eligibility requirementsKP-059
Disability, standard for receipt of benefits pursuant to 42 U.S.C. § 423(d)LO95-060
Medicaid benefits, Department of Human Services has statutory authority to extend to children between ages four and six to comply with new federal lawJM-1174
Federal Funds
Article IX, section 6.24 of the 2015 General Appropriations Act is in direct conflict with federal interpretation of federal law and is therefore without effect in its attempt to draw federal funds into the state appropriations process.KP-078
Community development block grant funds, municipality must expend in accordance with state competitive bidding lawsDM-0331
Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care modelGA-1089
Highway Beautification Act, state law implementing provisions on outdoor advertisingGA-0192
Lobbying restrictions on appropriated money apply to federal funds granted to state for use of Texas Council for Developmental DisabilitiesJC-0161
Major Urban Resource Library grant, Library and Archives Commission not authorized to deny to library because of library's failure to provide services to nonresidents of municipalityLO95-077
Medicaid estate recoveries, necessity for enactment of legislation permitting if Texas is to continue participation in the federal medicaid programLO95-005
Medicaid womenís health care demonstration project, constitutionality of ban on Health and Human Services Commission contracting with an entity that has an affiliate that promotes or performs abortionsGA-0844
Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligationDM-0477
Metropolitan planning organization, structure of must be determined by governing and general-purpose governing bodiesLO90-091
National forest revenues, allocation to school districts in countyJC-0253
National grassland revenues, use of federal payments to county ofGA-0153
Public Utility Commission, authority of to apply for, receive, and expend federal grant fundsDM-0288
State highway project that receives federal aid, public agencies barred by regulation from bidding in competition with private contractors onJC-0171
Vending facilities on federal property, Texas Commission for the Blind is state agency designated to license blind persons to operate, and Commission does not violate state constitutional restrictions on use of state funds by contracting with federal goveJC-0489
Federal Public Information Statutes
Driver's Privacy Protection Act applies to personal information collected by the Texas Department of Safety in connection with driver's licensesJC-0499
Employee insurance records, subject to privacy constraints imposed by state and federal law an individual county commissioner is entitled to accessGA-0138
Health Insurance Portability and Accountability Act of 1996 Privacy Rule, whether Privacy Rule under HIPAA permits disclosure of medical insurance coverage information regarding a former commissioner and his wife is a question of fact and beyond scope of GA-0138
Medical Practice Act makes confidential patient-physician communications and records and limits their disclosure and subsequent redisclosureGA-0138
Privacy of Individually Identifiable Health Information, Standards for under Federal Health Insurance Portability and Accountability Act of 1996JC-0508