Cumulative Subject Index
AG Opinions 1990-Present

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LICENSES, CERTIFICATES, AND PERMITS
Abortion facility that must be licensed under chapter 245, a facility performing a medical abortion within the scope of subsection 245.002(1) is anGA-0803
Acts listed under section 9A of article 6573a, Revised Civil Statutes, Real Estate License Act, employees of registered corporation or business entity who act as agents in third party transactions may not lawfully perform unless licensed, exempt, or regisLO98-119
Building permits, home-rule municipality generally may limit number of residential permits issued in specified time periodJC-0142
Control over licensed premises, under the Alcoholic Beverage Code two manufacturer's licensees may not alternateLO98-032
Conversion of a corporation to another type of business entity under the Texas Business Corporation Act encompasses conversion of a state license held by the converting corporation, subject in some cases to the particular requirements or restrictions of tJC-0126
Conviction may be basis for denial or revocation of child-care facility licenseJC-0130
Criminal history evaluation letter, licensing agency’s authority to obtain information regarding a potential applicant seeking aGA-0759
Discretion to grant or deny certificate of authority to foreign medical school that satisfies statutory and regulatory criteria, under Education Code chapter 61, Texas Higher Education Coordinating Board has theGA-0975
Elevator, escalator, and related equipment must meet regulatory standards unless located in building other than commercial establishment (Modified by Tex. Att'y Gen. LO-96-045)LO94-096
Employees of corporations and other business entities who act to acquire or dispose of property on behalf of their employer, licensing and registration requirements of Real Estate License Act do not apply toLO98-119
Filing fee, justice court authority to charge a fee for filing a petition applying for an occupational driver's licenseGA-1044
Holder of rehabilitation permit from Parks and Wildlife Department is not exempt from section 822.102(5)of Health and Safety Code with regard to animals not indigenous to Texas GA-0654
Investor in racetrack with pari-mutuel wagering must be licensed by Racing CommissionLO93-044
Licensed Specialist in School Psychology, authority to use "Nationally Certified School Psychologist" as a professional descriptorGA-0897
Licensing and certification of real estate appraisers, chapter 1103 of the Texas Occupations Code regulates Rules that are more stringent than the Uniform Standards of Professional Appraisal Practice, chapter 1103 of the Occupations Code subjects appraisers to the Uniform Standards of Professional Appraisal Practice and Board rules If the Uniform Standards of Professional Appraisal Practice or Board rules regulate a particular task that appraisers might perform, chapter 1103 of the Occupations Code would require appraisers to comply with those regulations Subject to judicial review, the Board may determine whether the Uniform Standards of Professional Appraisal Practice or Board rules regulate particular tasks that appraisers might performGA-0911
Marriage license requirements, constitutionality of oath regarding child support obligationsDM-0384
Motor fuel, distributor of must pay fee under article 8614, section 9(b), Revised Civil Statutes, but only distributor of motor fuel containing ethanol or methanol must pay under section 9(c)JM-1256
Notary public, it cannot be determined whether a notary public is a state officer under chapter 603 of the Texas Government CodeGA-0886
Private psychiatric hospitals offering chemical dependency treatment and licensed by Department of Health, exemption from licensing by Commission on Alcohol and Drug AbuseLO94-032
Private psychiatric hospitals offering chemical dependency treatment, transfer of licensing authority from Department of Mental Health and Mental Retardation to Department of HealthLO94-032
Professional, driver's, occupation, and recreational license may be denied on basis of applicant's refusal to provide social security number or affidavit in lieu thereofGA-0289
Provisional licensee, Funeral Service Commission cannot by rule allow a licensed embalmer or funeral director to provide personal supervision to provisional licensee merely by being present on the premisesLO98-042
Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained inGA-0367
Shampoo apprentice permit holder who operates within permit's terms is not practicing cosmetology without licenseGA-0168
Social security number, licensing agencies' authority to refuse to renew license by reason of licensee's failure to discloseDM-0286
Social security numbers of its licensees or applicants, the Board of Physical Therapy Examiners may not provide to a national organization of licensing authoritiesGA-0914
Transportation of manufactured homes to be installed at homesites, installers who possess certificates of registration as required by the Manufactured Housing Standards Act are exempt from certificate requirements of Motor Carrier Act with regard toDM-0016
Business Entities
Cosmetologist who rents a booth in a licensed shop as an independent contractorLO90-087
Driving safety school with conditional license need not apply for new licenseDM-0386
Engineering document, whether the business entity that employs the issuing engineer has registered with the Board of Professional Engineers is irrelevant to the validity of a properly sealedGA-0274
License, corporate applicant's eligibility for bingo manufacturer's or distributor'sGA-0186
Liquor license applications, district clerk or county commissioner are county officers to whom county judge may delegate authority to hearLO98-030
Nonprofit cemetery association that wishes to sell grave vaults to members must have permit from Banking Department of TexasLO96-115
Personal-care institution, residential facility that provides health or personal-care services in cooperation with a licensed home-health agency may need to be licensed as aLO90-085
Racetrack licenses, background investigations not required for reinstatement ofLO92-001
Racetrack licenses, reinstatement provisions for are applicable to persons whose licenses were both expressly and constructively revokedLO92-001
Special hospitals are not authorized to provide surgical and obstetrical careLO96-071
Tow truck, person may not operate unregistered for compensationJM-1168
Fees and Taxes
Bail bond board may not charge fee for each bail bond executed by licensed bondsmanLO90-025
Bingo games, Alcoholic Beverage Commission may not waive fee for small prizes inDM-0062
Boxing match, gross receipts tax on admission fees to view does not apply to pay-per-view fees charged by cable television company to subscribers for live simulcastDM-0110
By providing that a fee shall be remitted, the Texas Advertising Fee Statute imposes a requirement upon purchasers of outdoor cigarette advertisingGA-1020
County bail bond board, fees collected by and placed in county general fund may be used only to administer and enforce Bail Bond ActLO94-068
Engineers employed by federal government not required to register, fee increase for registration does not impactLO96-039
Impact fees, municipal water rights fees asGA-0482
Licensing fee imposed by Board of Registration for Professional Engineers, Board may consider $200 fee increase set by legislature as part of fee subject to reduction for purposes of setting reduced fees for licensees at least 65 years of ageDM-0092
New tax credit for rehabilitated, certified historic structures created in House Bill 500 of the 83rd Legislature, to be codified at Tax Code chapter 171, subchapter S, is not operative until the 2015 tax yearGA-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 taxGA-1045
Transportation Code section 251.017 authorizes a commissioners court to charge a reasonable fee for a permit to install an access point to a county roadGA-1013
Underground water conservation district may not impose fee in connection with permitting or registering wellsDM-0022
Licensing Agencies' Authority
Audits of continuing education courses, Real Estate Commission may adopt rule permitting it to conduct unannouncedJM-1236
Bail bond board may not require applicant to provide title insurance or title optionLO97-102
Bankruptcy proceeding, Racing Commission may revoke racetrack license if licensee has been subject toLO92-078
Board of Professional Engineers, whether required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if persons seeking licensure under NAFTA are United States citizens or permanent residentsJC-0051
Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of AppealsGA-0695
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 instanceGA-0748
Department of Transportation may issue permits for overweight vehiclesDM-0028
Dirt bikes, Department of Public Safety does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikesJC-0416
Disciplinary proceedings against licensee indicted but not convicted of felony, a state board may not bringDM-0068
Elevators in industrial facilities, private homes, and residential facilities inhabited by members of religious orders, Department of Licensing and Regulation's authority to regulateLO96-045
Examinations for professional licensing, state examiner's duty to accommodate disabilities under Federal Americans with Disabilities ActJC-0050
Federal contractors, Texas Board of Professional Engineers' authority to license and register engineers preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualificationsJC-0390
Foreign-certified educators, State Board for Educator Certification has authority to require "Letter of Good Standing" from foreign jurisdiction for, but should accept alternative documentation in the event such a letter cannot for good cause be producedJC-0566
Hepatitis, Cosmetology Commission may determine by rule what strains of hepatitis physician must test license applicant for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualifiedDM-0499
Installers of on-site sewage disposal systems must register with Department of Health or with local government entity acting as an authorized agent of the stateJM-1278
Internet website, State Board for Educator Certification may not use its website to serve as a portal for distance-learning courses developed and offered by other entitiesJC-0241
Lottery Commission may not renew license to conduct bingo games or license to sell lottery tickets if application not timely submittedJC-0064
Medical licensure by reciprocity, authority of State Board of Medical Examiners to adopt examination ruleLO98-025
Persons exempted from licensing as air conditioning and refrigeration contractors, Department of Licensing and Regulation does not have authority to promulgate rules adding new exceptions permitting such persons to purchase refrigerant products (WithdraLO98-010
Pesticide applicator license, determination of what exclusions from coverage are acceptable in bonds or insurance policies for requires determination of fact questions by Department of AgricultureLO90-017
Public Accountancy, Board of, individual whose license to practice accounting has been expired for two years or more must obtain a new license but not a new certificateGA-0159
Racetrack license held by corporation, Racing Commission may reinstate if new owner of corporation was not associated with corporation that formerly owned racetrackLO92-078
Real Estate Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or sellerGA-0748
Residential service contracts governed by article 6573b, Revised Civil Statutes, persons offering must be licensed with the Texas Real Estate CommissionJC-0322
Revoke professional license upon licensee's felony conviction, circumstances in which a licensing agency mustGA-0064
Rule to temporarily extend the expiration date of bail bond surety licenses, a bail bond board does not have authority to promulgate or implementGA-0575
Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Texas Department of Licensing and RegulationJC-0322
Social Worker Examiners, Board of, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examination not required by statutory provisionJC-0049
Suspend license temporarily without a hearing, due process requirementsDM-0414
Occupational and Professional Licenses
"Retired status," Board of Professional Land Surveying may not establish for its registrants, in order to set a reduced renewal fee and waive continuing education requirementsGA-0239
Accounting firms with owners who are not certified public accountants, authority to incorporate under Texas Business Corporation Act or Texas Limited Liability Company ActJC-0536
Advertising by a bail bond licensee's exclusive advertising in a magazine that is distributed to pretrial detainees held in the county jail could constitute unlawful "solicitation" in violation of Texas Occupations Code section 1704.304(c)GA-1019
Air conditioning and refrigeration contractor licensed by Department of Licensing and Regulation, city may not impose local licensing taxes, occupation taxes, or bond requirements onJM-1195
Air conditioning and refrigerator maintenance, persons exempt from licensing requirements by state law are also exempt from licensing by municipal ordinanceLO97-043
Aircraft crash and rescue personnel employed by Adjutant General are not subject to certification by Commission on Fire Protection Personnel Standards and EducationLO90-082
Alternative method of certification for shorthand reporters provided by section 52.021(e) of the Government Code is available to all qualified applicants rather than limited to out-of-state applicantsJM-1273
Apartment building employees, license required to engage in structural pest control as defined in section 1951.003 of the Occupations Code by applying pesticides to the apartment landscapeGA-0414
Applicant for a real estate inspector’s license must carry liability insurance, and the Texas Real Estate Commission lacks authority to waive that requirementGA-0932
Applicants for medical license examination, State Board of Medical Examiners' interpretation of section 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of atGA-0285
Athletic trainer working in physical therapy clinic not subject to regulation as physical therapy aide if working under delegated authority of a physicianLO92-006
Athletic trainer, no one, including a coach, may perform as unless licensedDM-0388
Athletic trainers, scope of term "physician" in statute licensingDM-0021
Bail bond board, to act as bail bondsman in that county a person must be licensed by county'sDM-0059
Bail bond surety, applicant for licensure may submit evidence of the value of real property to be executed in trust to the county bail bond boardJC-0366
Bail bondsman, dual licensing as individual and agent for corporate surety; financial statement requirement for corporate suretyLO96-019
Barbering, inmate who performs during period of incarceration is exempt from barber licensing requirementsLO90-026
Bingo manufacturer's or distributor's license eligibility, equitable or credit interest in a holding companyGA-0563
Boxing promoter, cable television company charging pay-per-view fee for live simulcast of boxing match is notDM-0110
Certification or licensing fees, First and Fourteenth Amendments of United States Constitution do not preclude the state from imposingLO94-047
Certified Public Accountant, individual whose license has been expired for two years or more must obtain a new license but not a new certificateGA-0159
Chemical dependency counselor, authority of Commission on Alcohol and Drug Abuse to investigate for alleged violations of licensing provision occurring before effective date of provisionLO94-013
Comprehensive complaint investigations, whether company offering must be licensed by Texas Board of Private Investigators and Private Security AgenciesLO98-005
Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription ActLO98-110
Corporate bail bond sureties must apply for separate licenses and deposit separate security for each agent in a countyGA-0165
Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualifiedDM-0499
County Auditor who is a certified public accountant may ethically perform an audit under section 775.082 of the Health and Safety CodeGA-0711
Court Reporters Certification Board may not continue to consider application for certification filed prior to repeal of section 52.021(e) of the Government CodeDM-0058
Court reporting firms, registration ofJC-0096
Defining the term "buyer" and "seller" is necessary to determine whether a person constitutes a buyer or seller of real property for which a real estate inspector has accepted employment and is for the Real Estate Commission to define in the first instanceGA-0748
Driving instructor for private, nonprofit corporation must comply with statutory requirements for such instructionsJM-1272
Emergency medical technician may not perform services within scope of athletic trainer's licenseLO92-006
Employee classified as an "engineer" in a private corporation but not licensed under Texas Engineering Practice Act, such person may not use the title "engineer" or other similar term designating that such person is an "engineer" on business cards, cover JC-0525
Employees of bail bondsmen, board rule imposing restrictions on employment beyond those established by statute exceed authority of bail bond boardGA-0895
Engineer's seal must be placed on plans, specifications and other documents designed under authority of engineer's Texas license for projects to be constructed outside of TexasGA-0287
Engineers, authority to engage in comprehensive and complete building design of a project without the involvement of an architectGA-0391
Engineers, Canadian or Mexican nationals seeking license may not be denied license solely because not United States citizens or permanent residentsJC-0051
Equal Employment Opportunity Commission's request for information relevant to a pending investigation regarding licensing practices of State Board of Medical Examiners, Board must comply with although state statute deems the requested information confidenJC-0280
Examination fee for physical therapist license or physical therapist assistant license applicant may not be submitted directly to examination providerJC-0344
Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to jurisdiction of Board of Examiners of Psychologists once he or she becomes licensed or certified as psychologistJM-1247
Exemption from professional fees imposed under the Texas Public Accountancy Act, a certified public accountant, employed by the Brazos River Authority, who holds a license under the Act may claimGA-0811
Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law wouDM-0042
Expired chiropractic license may not be renewed if expired for one year, subject to exceptions, and former licensee must qualify for initial licenseGA-0020
Felony conviction, licensing agency's authority to deny or revoke professional license uponGA-0064
Fit and dispense hearing aids, audiology students engaged in measuring human hearing as part of academic curriculum may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit toDM-0050
Foreign-certified educators, State Board for Educator Certification has authority to require "Letter of Good Standing" from foreign jurisdiction for, but should accept alternative documentation in the event such a letter cannot for good cause be producedJC-0566
Full time employment as a peace officer, it is a question of fact under section 1702.322 of Texas Occupations Code whether a person employed as a county jailer and a deputy sheriff hasGA-0465
Funeral directors and embalmers, Funeral Service Commission may not adopt a rule prescribing requirements for reciprocal licensing ofLO98-108
Hepatitis, Cosmetology Commission may not, consistent with the Americans with Disabilities Act, refuse to license person with hepatitis if otherwise qualifiedDM-0499
Increase in initial registration fees for professional engineers, applicants must pay $200 increase even if exempted from registrationLO92-083
Landscape architects not exempt from competitive bidding under Professional Services Procurement ActLO90-067
Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent (Affirmed by Tex. Att'y Gen. LO-93-053)DM-0210
Legislator may represent person in administrative license revocation hearing only if legislator has previously represented person in criminal proceeding arising out of same factsGA-0170
Letter of credit as cash equivalent, applicant for license to execute bail bonds may satisfy statutory financial security requirement by submittingJM-1245
Licensed professional engineer, county commissioners court authorized to hire road administrator under section 252.304 where unable in fact to employGA-0473
Licensee who is indicted but not convicted of felony, state board may not bring disciplinary proceedings againstDM-0068
Licensing examination given by the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments must be validated by an independent testing professional in its entirety, including practical as well as written parts of the examinationGA-0382
Lottery Commission may not accept as security a bingo licensee's nonforfeitable, written promise to pay taxes and prize feesLO93-117
Massage therapy registration, procedure for obtaining after conviction of practicing withoutLO93-085
Medical license examination, applicants must complete within a mandatory time periodGA-0285
Medicine, applicant for license to practice who was trained at international institution accredited in specialty but not in particular subspecialty may be denied licenseGA-0050
Nonrenewal of professional license for nonpayment of student loan must be preceded by notice and hearingLO90-105
Notary public may use any of three methods to prove acknowledgment of written instrumentLO92-062
Notary public, under Government Code section 406.004 an individual with a conviction of a felony or crime involving moral turpitude may not be commissioned by the Secretary of State as aGA-0733
Nursing facility, applicant for license to operate may be required to disclose prior involvement in operation of nursing facilities and may be refused license upon basis of that informationDM-0201
Occupations Code section 501.004 - a university could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and the activities or services performed within the scope of that employment would be exempt underGA-1025
Occupations Code section 501.004 - a university is not required to use the official title of "psychologist" or "psychological associate" when describing employees in order for those employees' activities and services to be exempt from the Psychologists' Licensing ActGA-1025
Peace officer or county jailer license may not be granted to convicted felon who has successfully completed his or her probationary term but who has not subsequently proven his or her innocenceLO93-053
Peace officer retired from Department of Parks and Wildlife's law enforcement program is exempt from statutory reactivation and continuing-education requirements otherwise applicable to peace officersJC-0548
Persons exempted from licensing as air conditioning and refrigeration contractors, Department of Licensing and Regulation does not have authority to promulgate rules adding new exceptions permitting such persons to purchase refrigerant products (WithdraLO98-010
Physical therapist may perform services within scope of athletic trainer's license as long as services are also within scope of a physical therapy licenseLO92-006
Physical therapy, professional corporation offering cannot hire licensed occupational therapist as employeeLO90-051
Plumbing license, person who performs plumbing work incidental to employment as maintenance worker need not obtainLO90-057
Plumbing, city employees who are not licensed or not exempt from licensing requirements may not perform plumbing workLO97-046
Polygraph examiners unauthorized to describe self as forensic psychophysiologistLO94-014
Preventive services at a sporting event, whether licensed physical therapist or emergency medical technician may perform depends upon nature of services and authority under which individual is performing such servicesLO92-006
Private investigator, exemption from licensure as for peace officer directly employed by recipient of security servicesDM-0287
Private Security Act, exemption for repossession agentsGA-0800
Probationary law license, whether Board of Law Examiners may refuse to recommend issuance of to chemically dependent personLO96-088
Professional engineer's seal is assurance that a plan, specification, or other related document was prepared by a professional engineerGA-0439
Professional engineer's seal represents that the professional engineer endeavored to conform the plan, specification, or other related document to all federal, state, and local engineering requirementsGA-0439
Psychologist or psychological associate, activity or service that is within scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. JC-0321
Psychologist's license necessary to practice psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensationDM-0321
Public security officer employed by board of harbor and port facility is an armed security officer that may be licensed by Texas Commission on Law Enforcement Officer Standards and EducationJM-1139
Radiologic technologist certification, authority of physician's employee who is not a certified radiologic technologist to perform sinus and skull x-raysLO96-101
Radiologic technologist registration does not constitute a licenseLO96-077
Radiologic technologists, authority of Board of Health to adopt rules establishing class of certification for students to permit them to perform dangerous and hazardous proceduresLO96-125
Real estate appraisers, authority to complete valuation conditions form for FHA appraisalsJC-0271
Real Estate Commission has no authority to take disciplinary action against an inspector who has not accepted employment to perform an inspection for a buyer or seller GA-0748
Real estate inspector licensing requirement that applicant have completed a certain number of supervised inspections likely to survive constitutional challengeLO92-059
Reserve peace officer may not perform as a guard company unless licensed by Board of Private Investigators and Private Security AgenciesLO93-115
Residential appliance installer, authority to work on poolsGA-0825
Rules applying same licensure and other requirements to peace officers and public security officers, authority of Commission on Law Enforcement Standards and Education to adoptLO94-015
Seal or redact information that is the subject of a nondisclosure order, under certain circumstances section 411.081 of the Government Code would not require the Texas Board of Nursing toGA-0919
Sex offender treatment provider, necessity for licensingGA-0423
Social workers, person originally licensed without examination whose license has expired for more than year applying for new license not subject to examinationJC-0049
Specialists in real-time captioning, authority of Court Reporters Certification Board to certifyJC-0573
State Board for Educator Certification is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations CodeGA-0614
Structural pest control license, whether municipal employee must obtainDM-0190
Tax appraisers, assessors, and collectors, Board of Tax Professional Examiners may classify and may forbid practitioners to use improperly possessed titleLO93-101
TexasOnline occupational licensing system, the State Board of Barber Examiners must participate in the electronic occupational licensing system established in connection with the TexasOnline Authority and may not issue a new or renewal license, certificatGA-0258
Time for constable to obtain licensure required by section 86.0021 of the Local Government Code begins running when constable is sworn in for elective termJC-0467
Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearingDM-0414
Veterinary Medical Examiners Board's authority to collect a professional fee in addition to examination fees and licensing feesLO95-044
Winery permit holder, no gallonage limit on sale of wineDM-0306
Premises Licenses
Installers of on-site sewage disposal systems must register with Department of Health or with local government entity acting as an authorized agent of the stateJM-1278
Lease and sublease of bingo premises, when lessor and sublessor must hold commercial lessor's licenseLO93-099
Liquor license applications, county judge may not delegate authority to hear to county court at law judgeLO97-054
Pharmacy license, automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacistJC-0186
Security for costs to contest application for beer license, county is not required to giveLO92-025
Revised: June 08, 2012