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Business Regulation

Summaries

KP-0024
Ken Paxton

A court would likely conclude that Occupations Code section 1304.1581 does not authorize a service provider to issue a service contract refund that does not deduct the amount of any claims previously paid under the contract.

KP-0156
Ken Paxton

Section 2301.476(a)(2), Occupations Code - a company that relinquishes control of a manufacturer but maintains full ownership of that manufacturer remains affiliated with the manufacturer for purposes of

GA-0007
Greg Abbott

Commercial lessor license, continuation upon conversion of business entity or transfer of|Bingo commercial lessor license, continuation upon conversion of business entity or transfer of

GA-0034
Greg Abbott

Junked vehicle visible from public place or right-of-way, county may abate and remove, but may not require a particular type of screening to render vehicle non-visible

GA-0045
Greg Abbott

Reciprocal exchange insurers are exempt from article 21.49-2C of the Insurance Code, and therefore not subject to a moratorium issued by the Commissioner of Insurance|Reciprocal insurance exchanges, such as Farmers Insurance Exchange and Fire Insurance Exchange, are not required to file withdrawal plans in order to withdraw from the homeowners' insurance market|Refusal of reciprocal exchange insurers to renew policies of homeowners would not violate state law provided that the exchanges follow statutory notice procedure|Refusal to renew policies of homeowners, reciprocal exchange insurers would not violate state law by their refusal, provided that the exchanges follow statutory notice procedure|Moratorium issued by the Commissioner of Insurance, reciprocal exchange insurers are exempt from article 21.49-2C of Insurance Code and therefore not subject to

GA-0218
Greg Abbott

Remains of a deceased individual, chapter 716 of the Health and Safety Code permits a person authorized to dispose of to contract directly with a crematory

GA-0275
Greg Abbott

Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney in connection with the attorney|Paralegal licensing under the Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney i

GA-0310
Greg Abbott

Cremation authorization form, funeral establishment need not obtain, where decedent has designated in prepaid funeral contract that his remains shall be cremated|Funeral establishment need not obtain cremation authorization form where decedent has designated in prepaid funeral contract that his remains shall be cremated

GA-0333
Greg Abbott

Criminal history background check, installers and repairers of lawn sprinkler and landscape lighting systems are subject to if they enter an enclosed home or dwelling, including an attached garage, but not if they enter only the yard or surrounding real e

GA-0346
Greg Abbott

Legislature or Structural Pest Control Board, dispositive term in Texas Occupations Code, section 1951.003, "infest" as it pertains to vertebrate animals cannot be defined in opinion process because of necessary factual considerations and so must be defined by

GA-0369
Greg Abbott

Irreconcilable conflict, silence in one statutory provision as to other statutory provision does not constitute|Irreconcilable conflict, mere difference between two statutes does not in itself constitute|Full effect, amendments to section 1301.002, Occupations Code, Plumbing License Law, contained in House Bill 3507 from the 78th Legislature should be given|Drain Cleaner|Drain Cleaner-Restricted Registrant|Executive Director|Journeyman Plumber|Plumber's Apprentice|Plumbing Inspector|Residential Utilities Installer|Tradesman Plumber-Limited License Holder

GA-0391
Greg Abbott

Engineers, authority to engage in comprehensive and complete building design of a project without the involvement of an architect

GA-0408
Greg Abbott

Hotel occupancy tax; authority of a municipality with a population of fewer than 35,000 to impose in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percent|Hotel occupancy tax, authority of municipality with population of fewer than 35,000 to impose such tax in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percent

GA-0414
Greg Abbott

Apartment building employees, license required to engage in structural pest control as defined in section 1951.003 of the Occupations Code by applying pesticides to the apartment landscape

GA-0432
Greg Abbott

Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave|Owner or manager of barber or cosmetology shop or school must provide for sterilization of nondisposable instruments used on nails, hands, or feet by means of an autoclave|Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave\r\n|Owner or manager of barber or cosmetology shop or school must provide for sterilization of instruments by means of an autoclave

GA-0495
Greg Abbott

Texas coast, Department of Insurance may disclose identities of companies writing commercial insurance policies along|Texas coast, Department may disclose identities of companies writing commercial insurance policies along

GA-0502
Greg Abbott

Display of advertising or licensee information on a vehicle in the parking lot of the county jail, section 1704.304(c) of the Occupations Code, does not prohibit a bail bond licensee’s\r\n\r\nAdvertising of bail bonds under section 1704.101 of the Occupations Code, county bail bond board may regulate

GA-0509
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation

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-0711
Greg Abbott

County Auditor who is a certified public accountant may ethically perform an audit under section 775.082 of the Health and Safety Code|Audit

GA-0726
Greg Abbott

Number of potential suppliers available to sell products to a school district, whether reverse auction company’s procedures impermissibly limit the number is a fact question not appropriately answered by the opinion process

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-0921
Greg Abbott

Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the State Committee of the Examiners in the Fitting and Dispensing of Hearing Instruments from having a|Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the Committee from having a|As the administrative agency that oversees the regulation of hearing instruments, the Committee is authorized to determine the scope of the meaning of the prohibition in subsection 402.053(d) of the Occupations Code|Absent statutory definitions of appropriate terms or other meaningful guidance from the Legislature or Texas courts on the meaning of the phrase \\"retail hearing instrument company,\\" in section 402.053(d) of the Occupations Code, we cannot definitively determine the scope of that phrase

GA-0926
Greg Abbott

Payment of an entry fee to participate in a contest that tests skill or speed and does not involve an element of chance is likely not a bet as provided by subsection 47.01(B) of the Texas Penal Code

GA-0951
Greg Abbott

Retail establishment in Texas is not prohibited from charging an itemized and disclosed \\"service fee\\" on a consumer transaction

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-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

DM-0036
Dan Morales

Management search consultants exempt from registration and bonding by Department of Licensing and Regulation | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department of Licensing and Regulation | Management search consultants exempt from registration and bonding by Department | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department | Management search consultant

DM-0060
Dan Morales

Talent agency adhering to Screen Actors Guild franchise regulations would not violate Talent Agency Act

DM-0159
Dan Morales

Outdoor shooting ranges, regulation by reference to standards of National Rifle Association is unconstitutional

DM-0236
Dan Morales

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

DM-0253
Dan Morales

Outdoor displays and signs, Pawnshop Act preempts regulation by home-rule city of

DM-0306
Dan Morales

Gallonage limit, there is none on sales of wine by winery permit holder|Winery permit holder, no gallonage limit on sales of wine by|Winery permit holder, no gallonage limit on sale of wine

DM-0330
Dan Morales

Thing of value|Towing company, whether cost of installation of statutorily-required sign must be borne by owner of parking facility or towing company

DM-0332
Dan Morales

Pawnshop license, inclusion of certain subordinated debt of pawnshop in calculation of net assets to determine eligibility for|Subordinated debt of pawnshop, inclusion of in calculation of net assets to determine eligibility for pawnshop license

DM-0433
Dan Morales

Cigarette vending machines, home-rule city may prohibit|Preempted by state law, home-rule city ordinance prohibiting cigarette vending machines is not|Cigarette vending machines, home-rule city may adopt ordinance restricting or prohibiting

DM-0479
Dan Morales

Cooperative corporation must incorporate under Cooperative Association Act and not under Texas Non-Profit Act

JC-0145
John Cornyn

Street vendors, Type A general-law city's authority to regulate or prohibit by ordinance

JC-0174
John Cornyn

Test drive, automobile dealer's contest that requires entrant to participate in is not a lottery

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-0213
John Cornyn

Fraudulent filing provisions of section 9.412 of the Business and Commerce Code do not apply to any transaction listed in section 9.104 thereof

JC-0271
John Cornyn

Real estate appraisers, authority to complete valuation conditions form for FHA appraisals|FHA appraisals, authority of real estate appraiser to complete valuation conditions form for

JC-0309
John Cornyn

Parental consent forms, Commission may not require of minors engaged in delivery of newspapers to the consumer|Newspaper subscriptions, child under 14 may not solicit unless the child simultaneously tries to sell current issue and will also subsequently deliver newspaper to that customer

JC-0322
John Cornyn

Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Department|Residential service contracts governed by article 6573b, Revised Civil Statutes, person offering must be licensed with the Commission|Residential service contracts|Service contracts|Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Texas Department of Licensing and Regulation|Residential service contracts governed by article 6573b, Revised Civil Statutes, persons offering must be licensed with the Texas Real Estate Commission

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-0481
John Cornyn

Emergency lights in tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in|Lighting equipment on tow trucks performing nonconsensual tows, Harris County may, by rule or ordinance, prohibit a tow truck from having auxiliary stop and tail lamps in or under factory-mounted light bar|Tow trucks performing nonconsensual tows, Harris County may regulate lighting equipment for|Emergency lights on tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in

JC-0485
John Cornyn

Sexually oriented business located within specified distance of church in another city, municipality may enforce ordinance against

JC-0486
John Cornyn

Uniform Commercial Code - Secured Transactions, office in which financing statement terminating pre-effective-date finance statement must be filed under section 9.707(e) of Business and Commerce Code

JC-0513
John Cornyn

Loan transactions for which Consumer Credit Commissioner is appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to|Loan transactions for which Consumer Credit Commissioner is the appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to the regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to

JC-0526
John Cornyn

Uniform Commercial Code - Secured Transactions, office in which financing statement amending, continuing, or terminating pre-effective-date financing statement covering consumer goods must be filed|Uniform Commercial Code - Secured Transactions, office in which financing statement filings to perfect security interests in "as-extracted collateral or timber to be cut" or fixture filings must be made

JC-0528
John Cornyn

Legal fees|Pay|Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorney

JC-0536
John Cornyn

Accounting firms with owners who are not certified public accountants, authority to organize under Texas Business Corporation Act or Texas Limited Liability Company Act|Accounting firms with owners who are not certified public accountants, authority to incorporate under Texas Business Corporation Act or Texas Limited Liability Company Act

JC-0554
John Cornyn

Towing company may not provide free services to a parking facility in exchange for a towing contract

JM-1195
Jim Mattox

Air conditioning and refrigeration contractor licensed by Department of Licensing and Regulation, city may not impose local licensing taxes, occupation taxes, or bond requirements on|Air conditioning and refrigeration contractor licensed by Department, city may not impose local licensing taxes, occupation taxes, or bond requirements on

JM-1272
Jim Mattox

Driving instructor for private, nonprofit corporation must comply with statutory requirements for such instructions|Corporation, private, nonprofit, that offers driver safety instruction must comply with statutory requirements regulating such business|Driver safety instruction, private, nonprofit corporation that offers must comply with statutory requirements regulating such businesses