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Constitutional Law - United States

Summaries

KP-0015
Ken Paxton

Equal Protection Clause of the United States Constitution, the Hazlewood Act's provision of benefits to only those individuals who resided in Texas at the time they entered the service rationally furthers legitimate state interests, should withstand rational basis review, and should therefore be held constitutional under the Equal Protection Clause

KP-0042
Ken Paxton

Establishment Clause - A court is likely to conclude that a law-enforcement department's display of "In God We Trust" on its patrol vehicles is permissible under the Establishment Clause

KP-0109
Ken Paxton

Establishment Clause of the U.S. Constitution - opening a court session with "God save the State of Texas and this Honorable Court" or with a prayer by a volunteer chaplain, or hosting a volunteer chaplain program to provide counseling upon request, does not violate the Establishment Clause

KP-0116
Ken Paxton

Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)|Literacy programs, county expenditure under Texas Constitution article III, section 52(a)|Establishment clause, county expenditure on holiday lights and decorations|Holiday lighting and decorations, authority to expend funds for|Literacy programs, authority to expend funds for

KP-0123
Ken Paxton

American Bar Association Model Rule of Professional Conduct 8.4(g) - court would likely conclude that it unconstitutionally restricts freedom of speech, free exercise of religion, and freedom of association for State Bar members

KP-0138
Ken Paxton

Election Code subsection 141.001(a)(4) does not prohibit individual from holding public office in Texas if penalties and disabilities of Arkansas felony conviction have been removed by Arkansas court.|Under Full Faith and Credit Clause of United States Constitution, Texas must recognize Arkansas court valid order releasing individual from penalties and disabilities of Arkansas conviction

KP-0179
Ken Paxton

Article VI entails preemption of state law by express provision, implication, or conflict between federal and state law|Federal preemption of certain Texas Department of Insurance bulletins regarding health reimbursement arrangements|Federal preemption of certain Department bulletins regarding health reimbursement arrangements

KP-0213
Ken Paxton

Disclosure obligations of criminal district attorney under Code of Criminal Procedure article 39.14 when information is protected by attorney-client privilege or confidential under other law|Imputing knowledge from assistant criminal district attorneys performing civil duties to the prosecutor as "the State" for purposes of Code of Criminal Procedure article 39.14

GA-0064
Greg Abbott

Felony conviction, licensing agency's authority to deny or revoke professional license upon|Revoke professional license upon licensee's felony conviction, circumstances in which a licensing agency must|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 regarding|Halfway house is not imprisonment for purposes of professional license revocation statutes|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|Imprisonment

GA-0068
Greg Abbott

Conflicts of interest of city council members, home-rule city may regulate consistent with Local Government Code chapter 171|Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interest|Conflicts of interest, home-rule city may adopt ordinance regulating that is not inconsistent with Local Government Code chapter 171|Conflicts of interest of city council members, home-rule city may regulate consistently with Local Government Code chapter 171

GA-0113
Greg Abbott

Preventing the execution of process, offense of, not void for vagueness|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 Constitution|Section 38.16 of Penal Code, which creates offense for preventing the execution of process, is not on its face void for vagueness

GA-0116
Greg Abbott

Holocaust registry established by article 21.74, Insurance Code, interferes with the President's conduct of foreign affairs, and is thus preempted by the United States Constitution|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 Constitution

GA-0183
Greg Abbott

Presumption of no negligence in action for negligent hiring against residential delivery company that performed employee background check, whether 49 U.S.C. § 14501(c) governing state authority over motor carriers preempts state law providing for|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 checks

GA-0252
Greg Abbott

Junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Lease, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Real property lease, junior college district's authority to enter into long-term lease of campus land with religious organization that would construct student center, chapel, and other facilities|Religion, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|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 campus|Real property lease as a thing of value, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus

GA-0260
Greg Abbott

Grandparent access statute, section 153.433 of the Family Code is constitutional on its face but may be unconstitutionally applied

GA-0289
Greg Abbott

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 Unit|Professional, driver's, occupation, and recreational license may be denied on basis of applicant's refusal to provide social security number or affidavit in lieu thereof|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|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-0309
Greg Abbott

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 so|Unclaimed unregistered securities, if the comptroller would be an underwriter by selling at public sale, she must sell consistently with federal law

GA-0331
Greg Abbott

Blocking of railroad crossing, 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 than ten minutes, is preempted by the federal Interestate Commerce Commi|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 for|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 than|Railroads, 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 than ten minutes, is preempted by the federal Interstate Commerce Commission Termination Act

GA-0339
Greg Abbott

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 abrogates|Supreme law of the land, Indian treaties supersede conflicting state laws or state constitutional provisions|Takings restrictions of the Fifth Amendment, the right of Congress to abrogate treaty is limited by|Vested rights under Indian treaties, Congress may not impair but may supersede or abrogate by legislation or subsequent treaty|Abrogate treaty rights, intent to must be expressed clearly and unequivocally|Remedy a claimed injustice, Indian treaties cannot be rewritten or expanded beyond their clear terms to

GA-0384
Greg Abbott

Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from Canada

GA-0425
Greg Abbott

Freedom of movement, minors

GA-0461
Greg Abbott

Procedural due process under the Mathews v. Eldridge factors, an indigent parent in termination proceeding is entitled to non-appellate transcripts of hearings and depositions when required by|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 by|Court reporter's record for appeal, county is obligated to pay for when it has been ordered to do so by the court under the Family Code|County bears "reasonable expense" of non-appellate transcripts to which indigent parent in a termination proceeding is entitled

GA-0492
Greg Abbott

Equal protection, county employees' incentive plan does not violate constitutional 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 court|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 court|Employee incentive plan, a county commissioners court may not provide bonuses under for work performed before the plan was adopted

GA-0525
Greg Abbott

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 by

GA-0526
Greg Abbott

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

GA-0564
Greg Abbott

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 law|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 law|Retired law enforcement officers who qualify under 18 U.S.C. § 926C may carry a concealed handgun if the officers have been certified as proficient under state law|Retired officers may carry a handgun under 18 U.S.C. § 926C if the officers have obtained weapons-proficiency certification under state law

GA-0572
Greg Abbott

State expenditure database, as private information a public employee's net salary information may not be included in|County-of-residence information, public employees' not required to be included in state expenditure database|Database of state expenditures may not include information identified by a state agency as excepted from required disclosure or as confidential|Database of state expenditures, Comptroller must establish and publish|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 in|Union membership, classification on the basis of is subject to review under the rational-basis standard|Continuing education required by law, asuming that a private entity that is credentialed by and has contracted with the state to provide is engaging in state action; but such an entity's policy of reducing tuition for members of the entity rationally relates to a legitimate state purpose

GA-0598
Greg Abbott

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 to|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 to|Department may issue enhanced driver's license issued under section 521.032 of the Transportation Code that conforms to section \r\n7209(b) of Public Law 108-458

GA-0609
Greg Abbott

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 of

GA-0623
Greg Abbott

Horsemeat exported abroad, application of transportation ban to foreign corporation|Horsemeat exported abroad, the application of transportation ban to foreign corporation transporting horsemeat through Texas does not violate the Commerce Clause|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 1930

GA-0647
Greg Abbott

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 purposes|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 purposes; application to political fundraising events|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-0658
Greg Abbott

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 speech

GA-0695
Greg Abbott

Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of Appeals

GA-0699
Greg Abbott

Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preempted

GA-0732
Greg Abbott

Statutes providing for unauthorized aliens to receive in-state tuition at Texas state colleges and universities, whether they violate federal law and federal equal protection

GA-0756
Greg Abbott

Application for place on Logan Slough Creek Improvement District, governed by the Election Code\r\n\r\nNotice of election for Logan Slough Creek Improvement District, governed by District’s legislation|Election Code, to the extent any provision governing the Logan Slough Creek Improvement District’s elections conflicts with the Election Code and does not provide otherwise, the provision in the District’s legislation is superseded by the|Logan Slough Creek Improvement District is subject to the Open Meetings Act|Logan Slough Creek Improvement District is subject to the Public Information Act|Property ownership requirement as qualification to serve as member of the board of directors|Governance of the Logan Slough Creek Improvement District|Taxable property in the district

GA-0774
Greg Abbott

Constitutional challenge, Legislature’s decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a|Political committees, school districts are prohibited from processing payroll deductions for employees’ contributions to|Processing unauthorized payroll deductions, cannot determine as matter of law section 39.02(a)(2) of the Penal Code is violated as a result of|Membership fees or dues|Professional organization

GA-0844
Greg Abbott

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 abortions|Medicaid women’s 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 abortions|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-0867
Greg Abbott

Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d)of art. 179e.|Citizenship|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art. 179e.|Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d) of art. 179e|Fact questions cannot be answered in an attorney general opinion. U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves mixed questions of fact and law.|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.|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art 179e.

GA-0955
Greg Abbott

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|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-0992
Greg Abbott

Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements|No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdiction|A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolved

GA-1013
Greg Abbott

Transportation Code sections 251.003 and 251.016 authorize a commissioners court to require access-point permits for construction of access points to county roads within the county\\'s right-of-way.|Transportation Code section 251.017 authorizes a commissioners court to set a reasonable fee for permits to construct access points to county roads located within the county\\'s right-of-way|Transportation Code sections 251.003, 251.016, and 251.017 authorize a commissioners court to require a permit and charge a fee for installing an access point to a county road|Transportation Code section 251.017 authorizes a commissioners court to charge a reasonable fee for a permit to install an access point to a county road|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses of the Texas and United States Constitutions unless something about the industry makes it uniquely deserving of special permitting requirements|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-1020
Greg Abbott

Whether Texas Advertising Fee Statute is preempted by federal Cigarette Label and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Texas law provides that preempted provisions of a state statute may be severed to leave the remaining statute effective if remaining statute is capable of being executed in accordance with legislative intent|Whether Texas Advertising Fee Statute is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|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 stricken|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 opinion|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 opinion|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 opinion|By providing that a fee shall be remitted, the Texas Advertising Fee Statute imposes a requirement upon purchasers of outdoor cigarette advertising

GA-1095
Greg Abbott

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|Notary public\\'s duty to respond to a request for copies of entries in the notary public record book by providing redacted copies|Article IV, section 26 concerning notaries public|State statutory duty to disclose information in light of possible federal constitutional or statutory privilege

DM-0031
Dan Morales

Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase would | Homestead exemption, municipality may not increase if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues | Increase homestead exemption, municipality may not if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues

DM-0040
Dan Morales

Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department to delete certain information from|Deletion of records, application to director and librarian of State Archives and Records may provide mechanism for consistent with state law in connection with voluntary Equal Employment Opportunity Commission settlement|Personnel files, federal law does not authorize Equal Employment Opportunity Commission to require Department of Human Services to delete certain information from

DM-0042
Dan Morales

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 would require factual determinations that cannot be made in attorney general opinion|Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law wou

DM-0051
Dan Morales

Pay scale differential for justices of the peace as violative of Equal Protection Clause

DM-0064
Dan Morales

Free speech, whether Department must permit religious groups to distribute literature and solicit contributions on state property|Free speech, transitory use of state-owned real property for expressive activity protected under state and federal constitutions is not an entrustment of state property for purposes of appropriations act prohibition|Free speech, whether Department of Public Safety must permit religious groups to distribute literature and solicit contributions on state property

DM-0071
Dan Morales

Firearms, municipal housing authority may not regulate tenants' legal possession of|Municipal housing authority may not adopt regulation providing for a tenant's eviction for the otherwise legal possession of a firearm|Regulation providing for a tenant's eviction for the otherwise legal possession of a firearm, municipal housing authority may not adopt

DM-0121
Dan Morales

Drug testing policies proposed by municipality and state university

DM-0123
Dan Morales

Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional

DM-0154
Dan Morales

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-0226
Dan Morales

Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirements|Minority and women-owned businesses, constitutionality of county policy to increase contracts with depends upon facts such as county's basis for adopting policy

DM-0236
Dan Morales

Random drug testing by private employers, city ordinance prohibiting is reviewed under "rational basis" test

DM-0237
Dan Morales

State licensing fee, certified public accountants employed by federal government may be assessed

DM-0261
Dan Morales

Impoundment of out-of-state motor vehicles involved in accidents, procedures Department must follow|Motor vehicles from out of state involved in accidents, constitutionality of impoundment procedures|Impoundment of out-of-state motor vehicles involved in accidents, constitutionality

DM-0299
Dan Morales

Impairment of contract, retroactive application of law forbidding assumption of debt by economic development corporation would constitute|Note assumed in 1991, economic development corporation obligated on 1991 note may not refrain from payment on basis of statute adopted in 1993

DM-0325
Dan Morales

School districts, right to equal protection|School districts, right to free speech|Registered lobbyists, school district's employment of|Registered lobbyists, school district's use of local funds to employ

DM-0337
Dan Morales

Medical coverage for district officers, authority of county to provide and phase out|Americans with Disabilities Act, application to county plan to phase out medical coverage for district officers|Medical coverage for district judges, authority of county to provide|Medical coverage for district attorney, authority of county to provide|Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provide|Medical coverage for district officers, county's plan to phase out|Medical coverage for agricultural and home extension agents, authority of county to provide

DM-0352
Dan Morales

School district's authority to sell paging device seized from student|Seizure of leased paging device in possession of student by school district|Due process, school district's seizure of leased paging device in possession of student|Paging device in possession of student, seizure of by school district|Property seized from student, school district's authority to use and dispose of

DM-0361
Dan Morales

Residency requirement for applicants for liquor license, constitutionality of|Liquor license applicants, constitutionality of residency requirement for

DM-0367
Dan Morales

Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under Fourteenth Amendment|Charitable organizations, statute allowing solicitors for to stand in roadway, whether permissible under First Amendment|Constitutionality of statute permitting solicitors for charitable organizations, but no others, to stand in roadway

DM-0384
Dan Morales

Marriage license requirements, constitutionality of oath regarding child support obligations|Child support delinquency as bar to marriage, constitutionality

DM-0392
Dan Morales

Jury room, presence of interpreter for deaf or hearing-impaired juror will not violate due process rights of criminal defendant|Americans with Disabilities Act, deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated by|Deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act

DM-0408
Dan Morales

Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners from|Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rights|Soliciting political contributions in personal as well as official capacity, statute prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners from|Solicit

DM-0410
Dan Morales

Protested proposed replat application requiring variance, three-fourths vote requirement is constitutional|Protested replat application, municipal authority must certify reasons for action taken on application only if owner requests|Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutional

DM-0411
Dan Morales

Grand jury room, presence of interpreter for deaf grand juror will not violate due process rights of subject of grand jury investigation|Americans with Disabilities Act, deaf or hearing-impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by|Child subject of juvenile detention hearing, deaf or hearing impaired custodial relative of who is not party or witness in proceedings is not entitled to interpreter|Deaf or hearing impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act

DM-0414
Dan Morales

Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rights|Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violate|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing in accordance with federal law|Suspend license temporarily without a hearing, due process requirements|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing|Emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights|Vehicle emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights

DM-0417
Dan Morales

Driver education, payment public school teacher receives supplemental to regular salary for teaching is not included in calculation of teacher's retirement benefit|Driver education teacher in public school who receives payment supplemental to regular salary, whether state may exclude from calculation of teacher's retirement benefit|Driver education, System may not include in calculation of teacher's retirement benefit payment teacher receives supplemental to regular salary for teaching|Teacher's retirement benefit, calculation of may not include supplement to teacher's regular salary for teaching driver education

DM-0419
Dan Morales

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 constitution|Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearing|Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28|Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overrides|Texas Guaranteed Student Loan Corporation, authority to garnish state and county employee wages|Garnishment of wages to collect guaranteed student loans|Salary warrants, authority to withhold from state employees who default on guaranteed student loans

DM-0434
Dan Morales

Portable rent subsidies, federal law and regulation authorize housing authority to administer outside its jurisdiction|Federal regulation permitting housing authorities to administer "portable" rent subsidies outside of their jurisdiction expressly preempts state law

DM-0437
Dan Morales

Probation condition that restricts right to free expression or privacy, constitutionality|Probation condition, authority of district court to order convicted sex offender to post warning sign|Probation condition that restricts right to free expression or privacy, validity|Condition of probation, authority of district court to order convicted sex offender to post warning sign

DM-0442
Dan Morales

Currency Exchange Act, Department may not enforce on Indian reservation|Currency Exchange Act may not be enforced on Kickapoo Indian Reservation because incompatible with federal and tribal interests|Indian reservation, Banking Department may not enforce Currency Exchange Act on gambling facility operated on

DM-0446
Dan Morales

University Interscholastic League, board of school trustees has discretionary authority to join and agree to comply with rules of|Participation in extracurricular activities, public student's interest in is not a property right|Participation in extracurricular activities, public student's interest in is not fundamental right

DM-0453
Dan Morales

Local or special law, test of whether law is general or special|Venue project for Harris County and Houston not required to hold referendum election to impose hotel occupancy or car rental taxes|Due process, county may impose hotel occupancy and car rental taxes in absence of election where legislature has set fixed maximum rate and where taxation does not vary on the basis of benefit received|Referendum election on venue project, classification scheme obviating need for election in counties that have recently held does not unconstitutionally discriminate|Venue project, Harris County not required to hold election for|Hotel occupancy tax, Harris County and Houston need not hold referendum election on venue project to impose|Car rental tax, Harris County and Houston need not hold referendum election on venue project to impose|Referendum election for Harris County and Houston, imposition of hotel occupancy or car rental taxes does not require

DM-0468
Dan Morales

Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from college tuition is probably unconstitutional|Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from tuition is probably unconstitutional|Retroactively applied, a court probably would use three-part test to determine whether judicially modified statute will be

DM-0484
Dan Morales

Board membership eligibility statute requiring candidate to be land owner in district is unconstitutional if requirement does not rationally serve a legitimate state purpose|Land owner in drainage district, statute requiring that candidate for drainage district governing board must be is unconstitutional if requirement does not rationally serve a legitimate state purpose|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 purpose

DM-0500
Dan Morales

Adoption, who may advertise to place, provide, or obtain child for adoption|Jurisdiction over conduct occurring on the Internet|Commerce Clause, whether state regulation of Internet violates

JC-0007
John Cornyn

Nutrition Labeling and Education Act of 1990 does not preempt state law establishing mandatory bread weights|Bread weight standards under state law not preempted by federal labeling laws|Bread weights, whether federal labeling laws preempt state law mandating

JC-0013
John Cornyn

Joint-credit courses to private school students, United States Constitution does not prohibit public junior college from offering|Private school students, public junior college may not at present offer joint-credit courses to|Joint-credit courses to private school students, Constitution does not prohibit public junior college from offering

JC-0017
John Cornyn

Hazardous waste generated in foreign country, ban on importation into Texas violates Commerce Clause

JC-0021
John Cornyn

Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to|Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to

JC-0022
John Cornyn

Direct mail solicitation of criminal defendant by attorney, state may not constitutionally prohibit|Penal Code provision prohibiting attorney from sending direct mail solicitation to criminal defendant within thirty days of his arrest contravenes First Amendment

JC-0035
John Cornyn

Solid-waste collection, home-rule municipality may adopt ordinance requiring residential construction contractor to use franchisee selected by the City for weekly residential and commercial|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 have

JC-0045
John Cornyn

Homeowners Protection Act of 1998, notification of mortgagor's right to cancel private mortgage insurance under is consistent with state law|Lender, federal law requiring annually to notify mortgagor of right to cancel private mortgage insurance is consistent with state law|Mortgage insurance, federal law requiring service annually to notify mortgagor of right to cancel is consistent with state law|State law, federal law supersedes if the two laws actually conflict

JC-0052
John Cornyn

Assured-isolation facility for low-level radioactive waste, development in Texas would comply with requirements of Texas Low-Level Radioactive Waste Disposal Compact|Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities preempted by federal law|Low-level radioactive waste, state law precluding from disposal by U.S. Department of Energy in private facilities burdens interstate commerce

JC-0070
John Cornyn

Due process, Texas courts traditionally have interpreted state requirement to be coextensive with federal requirements|Polygraph examination, examinee not entitled to counsel during|Self-incrimination, polygraph examinee may have right to claim privilege against|Polygraph examiner who learns during course of examination that child may have been abused or neglected must report suspicion|Agency designated by the court to be responsible for the protection of children|General statute that conflicts with special statute, special statute is an exception to the general statute unless general statute was enacted later and manifestly intended to prevail

JC-0086
John Cornyn

Controlled substance tax only implicates Fifth Amendment Double Jeopardy Clause when tax has been paid in full

JC-0091
John Cornyn

Voucher system, whether home-schooled children may be excluded from

JC-0093
John Cornyn

Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Federal Constitution|Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Commerce Clause|Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Supremacy Clause

JC-0107
John Cornyn

Race or ethnicity as a factor in student financial assistance, law regarding use unsettled (Tex. Att'y Gen. L0-97-001 Withdrawn)|Student financial assistance, law unsettled regarding use of race or ethnicity as a factor in (Tex. Att'y Gen. L0-97-001 Withdrawn)

JC-0125
John Cornyn

Incorporated city, sheriff has authority to provide law enforcement services throughout county, including areas within|Level of law enforcement services to be provided within different areas of the county, sheriff has reasonable discretion to determine|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 of|County sheriff's provision of law enforcement services in incorporated municipality in county is not a gift or grant of

JC-0142
John Cornyn

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, violate|Taking, growth-management plan of home-rule municipality that caps number of residential building permits issued in a specified period of time may constitute compensable|Growth-management plan that caps number of residential building permits issued in specified time period, home-rule municipality general may adopt|Building permits, home-rule municipality generally may limit number of residential permits issued in specified time period

JC-0180
John Cornyn

Appraisal roll, petition to change in prior tax years based on failure to allocate value of business aircraft according to recently enacted statute|Business aircraft used outside the state, allocation of value that fairly reflects use in state and petition to change appraisal roll based on|Prospective application, in absence of express statement of legislative intent statutes are presumed to have|Taxable situs of business aircraft used outside the state|Business aircraft used outside of state, allocation of value required only if aircraft has acquired taxable situs in another state|Commerce Clause limitations on taxation of business aircraft used outside the state|Prospective application, statutes are presumed to have in absence of express statement of legislative intent

JC-0200
John Cornyn

Religious postsecondary educational institution, state regulation of does not violate right to free exercise of religion|Free exercise of religion, chapter 110 of the Civil Practice and Remedies Code restores compelling interest test for state burdens on|Religious postsecondary educational institution, Board's regulation of pursuant to statute does not violate individual's right to free exercise of religion|Free exercise of religion, state regulation of religious postsecondary educational institution does not violate individual's right to

JC-0204
John Cornyn

Search without a warrant of polygraph examiner's commercial premises by Board is unconstitutional where inspection is not in response to formal complaint|Search without a warrant of polygraph examiner's commercial premises by Polygraph Examiners Board is unconstitutional where inspection is not in response to formal complaint

JC-0211
John Cornyn

Hair and beard, State Board of Barber Examiners has authority to distinguish between for purposes of enforcing provisions in Occupations Code|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 statute|Hair and beard, Board has authority to distinguish between for purposes of enforcing provisions in Occupations Code|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-0226
John Cornyn

Compelling state interest, state agency must follow standard of, when interfering with parental right to control upbringing of children

JC-0243
John Cornyn

Anonymous printed political advertisements, law prohibiting individual from creating and distributing in issue-based election is unconstitutional

JC-0274
John Cornyn

State Board of Podiatric Medical Examiners, not authorized to conduct warrantless, on-site compliance inspections of its licensees or their premises|Inspections, Texas State Board of Podiatric Medical Examiners not authorized to conduct warrantless, on-site compliance inspections|Inspections, Board is not authorized to conduct warrantless, on-site compliance inspections

JC-0302
John Cornyn

Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rights

JC-0390
John Cornyn

Federal contractors, Texas Board of Professional Engineers' authority to license and register engineers preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications|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-0394
John Cornyn

Undocumented aliens, pursuant to federal law undocumented aliens are ineligible for state or local public benefits, including non-emergency health care provided by Harris County Hospital District|Welfare Reform Act provides that undocumented aliens are ineligible for state or local public benefits|Aliens, federal laws on admission, naturalization, and residence of aliens preempt inconsistent state law

JC-0406
John Cornyn

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 owners|Emergency notice requires statement of reason for emergency or urgent public necessity|Emergency, a statutorily required action is not reasonably unforeseeable for purposes of Open Meetings Act definition of "emergency"|Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinion

JC-0417
John Cornyn

Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizations

JC-0458
John Cornyn

Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to United States Constitution|Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to Constitution

JC-0461
John Cornyn

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 access|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 regulations|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-0531
John Cornyn

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 violates|Imported meat, court would find state statute requiring imported meat to bear label disclosing country of origin violates U.S. Constitution, but would not find unconstitutional state statute requiring state agencies and political subdivisions to purchase

JC-0535
John Cornyn

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 of|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 of|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-0540
John Cornyn

USA Patriot Act of 2001 does not preempt Texas statute restricting access to magnetic stripe information on driver's licenses|Magnetic stripe information on driver's licenses, financial institution may not use

JC-0566
John Cornyn

Immigration status does not exempt person from generally applicable state licensing scheme|Foreign-certified educators, State Board for Educator Certification has authority to require "Letter of Good Standing" from foreign jurisdiction for, but should accept alternative documentation in the event such a letter cannot for good cause be produced|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-0578
John Cornyn

Historic Courthouse Preservation Program, Commission administers|Cathedral, constitutional question raised if public funds were appropriated to restore or preserve|Historic Courthouse Preservation Program, rider attempting to amend general law establishing is invalid under article III, section 35 of Texas Constitution

JM-1258
Jim Mattox

Barges delivering petroleum products, impact fee imposed upon interstate and foreign operators of but not upon intrastate operators of same is unconstitutional|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 violates|Impact fee imposed upon interstate and foreign operators of barges delivering petroleum products but not upon intrastate operators of barges delivering petroleum products is unconstitutional

KP-0267
Ken Paxton

Courts following U.S. Supreme Court precedent would conclude that the Due Process Clause of the Fourteenth Amendment incorporates the Eighth Amendment protection against excessive fines.

Courts recognize article I, section 13 of the Texas Constitution as a constitutional protection against excessive fines. A court would not enforce an unconstitutionally excessive fine. Depending on the statute, a Texas court would be obligated to follow Texas law that requires it to separate the unconstitutional fine and uphold the portion of the statute that is constitutional, if possible.

A Texas court would likely conclude that the Excessive Fines Clause of the Eighth Amendment of the U.S. Constitution is binding on the State, and federal jurisprudence is instructive about, if not determinative of, excessive fines issues under article I, section 13 of the Texas Constitution.