Skip to main content

Federal Statutes And Regulations

Summaries

KP-0021
Ken Paxton

Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent.|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 under|Maintenance and operation tax under section Water Code section 63.282, necessity of voter approval of

KP-0059
Ken Paxton

County indigent health care, commissioners court authority to adopt eligibility requirements

KP-0078
Ken Paxton

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.|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.|Section 404.093 of the Government Code, to the extent that the Office of the Governor or the Governor's appointee receives funds in trust for the benefit of a person or entity other than a state agency, such funds may be deposited outside of the State Treasury in an account for which the Comptroller serves as trustee pursuant to

KP-0087
Ken Paxton

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 provide

KP-0199
Ken Paxton

U.S. Department of Housing and Urban Development regulations 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 homes|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 homes|Authority of Texas manufactured home retailer to remove federal compliance certification label from irreparably damaged homes that have been salvaged and no longer conform to federal standards

KP-0236
Ken Paxton

Acquisition of property from Federal Lands to Parks Program|Federal Lands to Parks Program - Junior college district's acquisition of property from|Junior college district's acquisition of property from Federal Lands to Parks Program

GA-0063
Greg Abbott

Congressional districts, authority and responsibility of legislature to redraw|Voting Rights Act, application to redistricting|Redrawing of congressional districts, authority of legislature and courts|Redistricting Texas congressional seats, authority of courts to do so if legislature does not adopt a constitutional plan

GA-0106
Greg Abbott

Sexual abuse of child includes conduct constituting indecency with a child, sexual assault, and aggravated sexual assault|HIPAA (Health Insurance Portability and Accountability Act) privacy regulations allow health care providers to disclose confidential health information about a victim of abuse|Sexual abuse, person with cause to believe child has been victim of must make report|Cause to believe|Child sexual abuse reports, investigation of|Off-duty status does not limit law enforcement authority in presence of criminal activity

GA-0130
Greg Abbott

Federal tax law, questions about should be directed to the Internal Revenue Service|Ordinance or resolution adopted by home-rule city must be consistent with city charter|Health insurance, provision of as compensation for city officers and employees|Amending ordinance, adopting another ordinance is required

GA-0138
Greg Abbott

Public Information Act exception relating to criminal investigations does not preclude county commissioners from accessing county records they are otherwise entitled to review|Employee insurance records, subject to privacy constraints imposed by state and federal law an individual county commissioner is entitled to access|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 |Medical Practice Act makes confidential patient-physician communications and records and limits their disclosure and subsequent redisclosure|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 the scope

GA-0153
Greg Abbott

Money dedicated by constitution, statute, or grant terms to road and bridge purposes may not be diverted to other purposes|Where county attorney has no civil authority, commissioners court may employ private legal counsel to advise and represent county in civil matters without county attorney's consent|National grassland revenues, use of federal payments to county of

GA-0180
Greg Abbott

Federal Randolph-Sheppard Act, Commission may not impose costs for furnishing information to its licensees under|Costs for furnishing information to its licensees under Federal Randolph-Sheppard Act, Texas Commission for the Blind may not impose for

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-0192
Greg Abbott

Outdoor advertising signs, regulation by city|Nonconforming use|Highway Beautification Act, state law implementing provisions on outdoor advertising

GA-0228
Greg Abbott

Electronically generated real estate filings, a clerk has no authority to accept or paper copies thereof and cannot be liable for civil penalty for refusing|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 thereof|Electronically generated real estate filings, a county clerk has no authority to accept or paper copies thereof and cannot be liable for civil penalty for refusing

GA-0253
Greg Abbott

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 trainees|Board is not authorized to promulgate additional education requirements for appraiser trainees

GA-0278
Greg Abbott

Indian tribes, authority to engage in casino gambling in Texas|Indian Gaming Regulatory Act, application to federally recognized Indian tribes in Texas|Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, applicable to gaming by those two tribes|Video Lottery Terminals

GA-0290
Greg Abbott

State remediation standard, where adopted by valid rule for statewide use, application for different standard at a particular site, is arbitrary and capricious|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 requirements|Lead cleanup standard of the state, if an applicable or relevant and appropriate requirement. or ARAR, under CERCLA, the EPA, undertaking any remediation action at the site, must adhere to the state standard|Rules, Administrative agency is bound to follow unambiguous language of agency's own

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-0463
Greg Abbott

Federal Law Enforcement Officers Safety Act of 2004, state's training and qualifying firearm standards|Concealed firearms, Law Enforcement Officers Safety Act of 2004, state's training and qualifying firearm standards|Qualified retired law enforcement officer, the Federal Law Enforcement Officers Safety Act of 2004 permits such officer to carry concealed firearms if the officer has met the state's standards for training and qualification for active law enforcement officers

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-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-0579
Greg Abbott

Americans with Disabilities Act, court would probably find that state agency violated if it denied Texas residents meaningful access to state services|Meaningful access

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-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-0684
Greg Abbott

Airline Deregulation Act of 1978, preemption of regulation of air ambulance subscription program for air ambulances providing interstate transportation|Air ambulances, preemption of state statute and regulations on price by Airline Deregulation Act of 1978 for air ambulances providing interstate transportation|Subscription program

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-0789
Greg Abbott

Photograph from driver’s license, whether Driver’s Privacy Protection Act and Texas implementing legislation permits disclosure on internet for law enforcement purposes|Driver’s Privacy Protection Act, whether it permits disclosure of driver’s license photo on internet for law enforcement purposes

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-0882
Greg Abbott

Credit Unions, scope of authority of state-chartered credit unions under statute granting them parity with authority of federally-chartered credit unions

GA-0902
Greg Abbott

Complaints about postsecondary educational institutions, the Texas Higher Education Coordinating Board has authority to promulgate procedures for handling|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Higher Education Coordinating Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious institutions’ secular programs of study, the Higher Education Coordinating Board may handle|Regulating religious institutions’ 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 institutions’ secular programs of study|Complaints about religious Institutions’ secular programs of study, the Texas Higher Education Coordinating Board may handle|Complaints about postsecondary educational institutions, the Board has authority to promulgate procedures for handling|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious institutions’ secular programs of study, the Board may handle

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-0972
Greg Abbott

Employer subject to Labor Code section 52.061 may not ban the transport and storage of handguns in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice authorized by Penal Code section 30.06|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 52.061

GA-0982
Greg Abbott

Marriage ceremony in Texas, senior status federal judge meeting the requirements of 28 U.S.C.A. § 371 is authorized to conduct a

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-1037
Greg Abbott

Councils of government as units of general local government for purpose of HUD\\'s HOME Program

GA-1089
Greg Abbott

Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care model|The Health and Human Services Commission is responsible for administering the state\\'s Medicaid Program, which is a federal-state program providing health-care services for low-income individuals|Reimbursement for behavioral health services under Texas Medicaid Reimbursement Methodology|The Texas Health and Human Services Commission does not operate under the Insurance Code. It is the state agency that administers the state\\'s Medicaid program for individuals who cannot afford insurance.

DM-0032
Dan Morales

Indian tribes, right to conduct gaming on Indian land in states that otherwise allow gaming, as regulated by Indian Gaming Regulatory Act | Indian tribes, right to conduct class III gaming on Indian lands in Texas if legislature authorizes class III gaming on Texas waters

DM-0124
Dan Morales

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 injuries|Americans with Disabilities Act preempts, to the extent of conflict, a state law requiring Commission to release information to employers about applicants' prior injuries

DM-0138
Dan Morales

Medicare, federal and state anti-kickback statutes do not apply to a hospital authority contract that conforms with criteria set forth in federal regulation

DM-0206
Dan Morales

Older Americans Act, legal representation of Department on Aging volunteers|Volunteer ombudsman intern, immunity from suit and authority of attorney general to represent|Volunteer Department on Aging ombudsman intern, immunity from suit and authority of attorney general to represent

DM-0233
Dan Morales

Work program facility may be owned and operated by a city or county, but not by Texas Department of Criminal Justice|Prison made goods, statute on transportation in interstate commerce of

DM-0266
Dan Morales

Agricultural cooperative marketing associations, member of non-citrus-related cooperative limited to one vote|Agricultural cooperative marketing associations, citrus-related cooperative may provide for a member association to have more than one vote with certain stipulations regarding payment of stock dividends and/or membership capital|Capper-Volstead Act, exemption of agricultural cooperative marketing associations from federal antitrust laws basis for one vote limitation in Agriculture Code provision

DM-0276
Dan Morales

Medical coverage provided by county to employees through single-employer, self-funded plan subject to certain Insurance Code provisions but not to Federal Employee Retirement Income Security Act|Medical coverage provided by county to employees through single-employer, self-funded plan; subject to certain Insurance Code provisions but not to Federal Employee Retirement Income Security Act|Employee Retirement Income Security Act does not preempt Insurance Code provisions to the extent they apply to governmental employee benefit plan

DM-0286
Dan Morales

Social security number, licensing agencies' authority to refuse to renew license by reason of licensee's failure to disclose|Privacy Act of 1974, whether failure to disclose social security number authorizes state agency to refuse license renewal|Social security number, whether Real Estate Commission may refuse to renew license because of licensee's failure to disclose|Renewal of license, whether Commission may refuse by virtue of licensee's failure to disclose social security number

DM-0288
Dan Morales

Public Utility Commission, authority of to apply for, receive, and expend federal grant funds|Federal grant funds, authority of to apply for, receive, and expend

DM-0305
Dan Morales

Computerized or electronic device|Public accommodation|Power bingo system, Americans with Disabilities Act prohibits charging handicapped person for use of|Power bingo system, whether availability to handicapped persons is required by Americans with Disabilities Act|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 by|Public accommodation, licensed bingo operation is "place of public accommodation"|Device using keypad and electronic memory as aid in bingo prohibited

DM-0331
Dan Morales

Community development block grant funds, expenditure of subject to state competitive bidding laws|Community development block grant funds, municipality must expend in accordance with state competitive bidding laws|Competitive bidding laws apply to contract with nonprofit corporation for expenditure of municipality's community development block grant funds|Competitive bidding laws apply to expenditure of community development block grant funds

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-0341
Dan Morales

Civil Rights Act of 1964, application to federally-funded state and local programs

DM-0344
Dan Morales

Gambling laws, application to persons in separate locations who bet on card games using computers and to persons facilitating such bets|Betting on card games by computer, application of gambling laws to persons doing so from separate locations|Computers, application of gambling laws to persons in separate locations who bet on card games by using

DM-0353
Dan Morales

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 checks|Federal Brady Handgun Violence Prevention Act does not require or authorize Department to disclose otherwise confidential records to law enforcement officers performing background checks

DM-0362
Dan Morales

School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School district employee required to use personal vehicle to transport students may be required to comply with special licensing restrictions (Withdrawn by Letter 9/08/95)|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)|School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in motor vehicles that do not comply with (Withdrawn by Letter 9/08/95)|Personal vehicles, special licensing requirements and school bus safety standards may apply if school district requires employees to transport students in (Withdrawn by Letter 9/08/95)|School bus

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-0402
Dan Morales

Resource conservation and development council, status as charitable organization|Resource conservation and development council, civil liability of officers and volunteers|Charitable purpose|Promotion of social welfare|Resource conservation and development council established under 16 U.S.C. chapter 54, status as charitable organization under state law

DM-0404
Dan Morales

Commission on Jail Standards lacks authority to regulate or inspect penal institution housing only federal prisoners, even if municipality operates facility under an agreement with Federal Bureau of Prisons (Withdrawn by Tex. Att'y Gen. LO-96-151)|Penal or correctional institution housing only federal prisoners, Commission lacks authority to regulate or inspect (Withdrawn by Tex. Att'y Gen. LO-96-151)|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)|Bureau of Prisons has exclusive authority to regulate or inspect a penal and correctional institution housing only federal inmates that is operated by a municipality under an agreement with the Bureau (Withdrawn by Tex. Att'y Gen. LO-96-151)

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-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-0477
Dan Morales

Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligation|Medical assistance (medicaid) payment to service provider, Department may allocate all or part to pay provider's child support obligation

DM-0499
Dan Morales

Hepatitis|Viral hepatitis|Hepatitis, commission may determine by rule what strains of hepatitis license applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Hepatitis, Cosmetology Commission may not refuse to license person with hepatitis if person is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis physician must test applicant for|Americans with Disabilities Act, Cosmetology Commission may not, consistent with the act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may not, consistent with the Americans with Disabilities Act, refuse to license person with hepatitis if otherwise qualified|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 qualified|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 qualified

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-0040
John Cornyn

Vacation leave, offset of workers' compensation benefits against|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 leave|Vacation leave, (1) offset of workers' compensation benefits against; (2) substitution of annual leave for unpaid leave under Federal Family Medical Leave Act of 1993|Workers' compensation benefits, offset of against vacation leave|Offset of state employee's workers' compensation benefits against vacation leave not permitted in absence of statutory authority

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-0050
John Cornyn

Examinations administered by Board, duty to accommodate disabilities under Federal Americans with Disabilities Act|Examinations for professional licensing, state examiner's duty to accommodate disabilities under Federal Americans with Disabilities Act|Americans with Disabilities Act, state examiner's duty to accommodate disabilities in professional licensing examinations

JC-0051
John Cornyn

North American Free Trade Agreement, professional licenses|Personal Responsibility and Work Opportunity Reconciliation Act of 1996, professional license\r\n|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 to|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 residents|Engineers, Canadian or Mexican nationals seeking license may not be denied license solely because not United States citizens or permanent residents|Licensing, applicants under NAFTA, whether Board required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if United States citizens or permanent residents|Qualified alien|Nonimmigrant|State or local public benefit

JC-0161
John Cornyn

Appropriated funds may not be used to attempt to influence the passage or defeat of legislation|Appropriated money|State agency|Federal funds deposited in the state treasury and appropriated to state agency are subject to state restrictions on the use of appropriated funds for lobbying|Prohibition on use of appropriated money to attempt to influence the passage or defeat of legislation applies to federal funds deposited in state treasury and appropriated to state agency|Lobbying restrictions on appropriated money apply to federal funds granted to state for use of Texas Council for Developmental Disabilities|Council for Developmental Disabilities may not use appropriated money to attempt to influence the passage or defeat of legislation

JC-0171
John Cornyn

State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission for|State highway project that receives federal aid, public agencies barred by regulation from bidding in competition with private contractors on|Federal regulation bars public agencies from bidding in competition with private contractors on state highway project that receives federal aid|State highway maintenance contract, county lacks authority to submit bid on

JC-0188
John Cornyn

Compensatory time|Compensatory leave, state employees may use while receiving weekly income benefits under workers' compensation law|Compensatory leave, state agencies may not require employees to exhaust before receiving weekly income benefits or prohibit employees from using while receiving weekly income benefits|Fair Labor Standards Act, compensatory time accrued by state employees under

JC-0197
John Cornyn

Deferred compensation plan, water district directors may not participate in|Deferred compensation plan, district directors may not participate in|Retirement system, district directors may not participate in|Water district directors may not participate in water district's public retirement system or deferred compensation plan|Heading may neither limit nor expand plain text of statute

JC-0223
John Cornyn

Notices required by statute to be published in "newspaper of general circulation," governmental entity must evaluate newspaper's content as well as proportion and diversity of subscribership|Newspaper of general circulation, where county required by statute to publish notice in, county must evaluate content as well as proportion and diversity of subscribership|Postal Service Domestic Mail Manual, holder of periodical mailing privileges not entitled to presumption that periodical is newspaper of general circulation|Newspaper of general circulation

JC-0230
John Cornyn

Federal 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 provisions|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 provisions

JC-0253
John Cornyn

National forest revenues, allocation to school districts in county

JC-0280
John Cornyn

Equal Employment Opportunity Commission's investigation into discrimination by Board of Medical Examiners in licensing practices, Board must disclose to EEOC requested information that is relevant to|Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state agency must comply although state statute deems requested information confidential|Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state statute deeming requested information confidential is preempted by federal statute authorizing|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 confiden|Equal Employment Opportunity Commission's request for information relevant to a pending investigation regarding Board's licensing practices, Board must comply with although requested information is confidential under Medical Practice Act

JC-0297
John Cornyn

County retirees' health insurance premiums, county may not pay unless the retirement plan is authorized by state law and is consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay unless authorized by state law and consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay if payment would constitute unbargained-for, retroactive compensation|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 co

JC-0333
John Cornyn

Student information, Federal Family Educational Rights and Privacy Act of 1974 does not permit the agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that su|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 |Legislative Council, Federal Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to Council's employees despite the fact that state law provides that such empl

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-0411
John Cornyn

Health information, federal standards for privacy of individually identifiable|Risk Pool for El Paso County Health Benefits Program, Board of Trustees is subject to Open Meetings Act|Third party administrator of county health benefits program, administrator is not an officer or employee for purpose of executive session deliberations concerning complaints against|Privacy of individually identifiable health information, federal standards for

JC-0412
John Cornyn

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 countries|Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board of Health must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law|Food and Drug Administration has authority to adopt regulations to enforce certain federal drug laws|Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law

JC-0423
John Cornyn

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 Act

JC-0454
John Cornyn

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 claims|Hearing for child referred to juvenile court for contempt, hearing must be conducted as that for a child who has engaged in delinquent conduct|Contempt, justice court may not order child to be confined for a term of detention for|Non-secure detention facilities, neither status offender nor nonoffenders may be detained in

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-0489
John Cornyn

Lending of credit, Texas Commission for the Blind may contract with federal government to operate vending facilities on federal property without violating constitutional prohibition against|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 gove|Vending facilities on federal property, Commission may contract with federal government to operate without violating state constitutional limitations on use of public funds

JC-0491
John Cornyn

Disciplinary policy, application by school district to special education students may implicate specific state and federal safeguards|Individuals with Disabilities Education Act, application of disciplinary policy to special education students by school district may implicate|Corporal punishment and physical restraint, school district's policy statement regarding is generally within board's authority to manage district and make rules for health and safety of students, employees and property

JC-0499
John Cornyn

Driver's Privacy Protection Act applies to personal information collected by the Texas Department of Safety in connection with driver's licenses|Federal Driver's Privacy Protection Act applies to personal information collected by the Texas Department of Safety in connection with driver's licenses|Electronically coded information on driver's license, private club licensed to serve alcoholic beverages may not use the magnetic strip on members' driver's licenses to obtain members' driver's license numbers in order to create or maintain club membershi|Driver's license, private club licensed to serve alcoholic beverages may not use magnetic strip on members' driver's licenses to obtain members' driver's license numbers in order to create or maintain club membership lists

JC-0508
John Cornyn

Confidential identifying information about patients, hospitals may disclose to Texas Health Care Information Council without patient's written authorization|Privacy of Individually Identifiable Health Information, Standards for under Federal Health Insurance Portability and Accountability Act of 1996|Confidential identifying information about patients; hospitals may disclose to Texas Health Care Information Council without patient's written authorization|Hospitals may disclose confidential identifying information about patients to council without patient's written authorization

JC-0538
John Cornyn

Counseling records may be withheld from parent of minor student only under limited circumstances

JC-0539
John Cornyn

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 humans|Horse slaughter in Texas with meat intended for human consumption, local prosecutor may prosecute person who engages in|Horse slaughter in Texas with meat intended for human consumption, local prosecutors are authorized to prosecute violation of statutory prohibition|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Health may investigate and local prosecutors may investigate and prosecute|Horse slaughter in Texas with meat intended for human consumption, Department has no authority to prosecute|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Department may investigate|Agriculture

JC-0555
John Cornyn

Physician-patient privilege, application to medical information provided by person with disability to state agency in request for accommodations in licensing examination|Medical information provided by person with disability to state agency in request for accommodations in licensing examination is not confidential under Americans with Disabilities Act|Medical information provided by person with a disability to a state agency in requesting accommodations in a licensing examination, application of physician-patient privilege to

JC-0561
John Cornyn

Interagency Council on Early Childhood Intervention is authorized to require local service providers to submit information about children and their families for the purpose of evaluating federally and state funded programs but may not redisclose the infor|Information about children and their families, Council may by contract require local service providers to submit for the purpose of evaluating federally and state funded programs but Council may not redisclose the information except in compliance with fed|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 families|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 families

JM-1174
Jim Mattox

Medicaid benefits, Department of Human Services has statutory authority to extend to children between ages four and six to comply with new federal law|Medicaid benefits, Department has statutory authority to extend to children between ages four and six to comply with new federal law

JM-1269
Jim Mattox

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 laws