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Legislation

Summaries

KP-0136
Ken Paxton

State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearings

GA-0932
Greg Abbott

Applicant for a real estate inspector’s license must carry liability insurance, and the Texas Real Estate Commission lacks authority to waive that requirement

GA-1045
Greg Abbott

Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for the implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|Tax Code chapter 171, subchapter S is silent on the question of appeal of a denial of a certificate of eligibility, and there is no constitutional violation or impairment of vested property right, so the denial of a certificate of eligibility is not subject to appeal|New tax credit in House Bill 500 of the 83rd Legislature is not limited to taxable entities, thus it may be claimed and transferred by an entity that owns a rehabilitated certified historic structure even if the entity is not subject to the franchise tax|New tax credit for rehabilitated, certified historic structures created in House Bill 500 of the 83rd Legislature, to be codified at Tax Code chapter 171, subchapter S, is not operative until the 2015 tax year|An entity whose qualifying rehabilitated certified historic structure is placed in service between September 1, 2013 and January 1, 2015, may be eligible for the new tax credit but not until the 2015 tax year|Costs and expenses that are \\"eligible costs and expenses\\" associated with the rehabilitated certified historic structure qualified under the statute would be eligible for the new tax credit but not until the 2015 tax year

DM-0197
Dan Morales

Property damage, repair or replacement costs funded by special legislative appropriation rather than insurance proceeds or self-insurance and are funded at legislature's discretion|Concurrent resolution may be evidence of legislative intent but is not state law; article III, section 30 requires that laws be passed by bill|Concurrent resolution may be evidence of legislative intent but is not state law; constitution requires that laws be passed by bill|Property insurance, state agencies not authorized to purchase without specific legislative authorization|Property insurance, Agency not authorized to purchase with appropriated funds

DM-0234
Dan Morales

Code Construction Act rule that when amendments are irreconcilable latest in date of enactment prevails does not apply when legislature has provided specific instructions regarding conflicting bills passed in same session|Minority business enterprises, municipal program to award public contracts to does not create an exemption to competitive bidding|Minority business enterprises, requirements for municipal program to award public contracts to

DM-0263
Dan Morales

Validity of enrolled bill will not be impeached when legislation challenged under article III, section 30 of Texas Constitution|EMS personnel recertification, authority of Department of Health to require examination for|Legislation challenged under article III, section 30, validity of enrolled bill will not be impeached|EMS personnel recertification, authority to require examination for|Legislation challenged under article III, section 30 of Texas Constitution, validity of enrolled bill will not be impeached

DM-0351
Dan Morales

Apportionment|Districting|Apportionment requiring election of new senate, legislation changing two senatorial districts constitutes

DM-0432
Dan Morales

Special law, tax exemption for specific, named private entity constitutes|Local law|Special law

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-0474
Dan Morales

Pollution-control statutes and rules, statute authorizing state agency to grant exemptions to does not violate constitutional suspension of laws, separation of powers, or local or special law provisions|Local or special law, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Suspension of laws, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Delegation of authority to state agency to grant exemptions to pollution-control statutes and rules does not violate|Exemptions to pollution-control statutes and rules, statute authorizing state agency to grant not an unconstitutional delegation of legislative authority

DM-0475
Dan Morales

Article III, section 36 of the Texas Constitution, whether bill complies with requirements of is determined as of date of passage and not as of effective date|Surrogate decision makers, chapter 597 of the Health and Safety Code providing for continues to exist after August 31, 1997 as amended by 75th Legislature

JC-0137
John Cornyn

Specific legislative statement that one bill prevail over any other similar legislation enacted in same session takes precedence over rule of statutory construction that legislation must be harmonized and, if that is not possible, the later enacted provis

JC-0170
John Cornyn

Enrolled bill rule, application to claim that legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building invalid under article VII, section 18 of the Texas Constitution|Institution of higher education, validity under article VII, section 18 of the Texas Constitution of appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building|Legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building, validity under article VII, section 18 of the Texas Constitution

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-0291
John Cornyn

Visitors and tourists|County development districts lack authority to levy ad valorem taxes because authority to levy tax must be express|County development district projects are limited to those that will attract tourism to the county|County development districts lack authority to levy ad valorem taxes|County development district not authorized to undertake general economic development projects, projects limited to those that will attract tourism to the county|Taxation, power of special district to levy ad valorem tax must be express and will not be supported by reference to authority of other entities where legislature has expressly vested district with authority to levy sales and use tax

JC-0350
John Cornyn

Codification of certain riders as general law|Publicity and public relations activities, state agency may not use appropriated funds for|Across-the-board provisions recommended by Sunset Advisory Commission|Informing general public of Fund's activities and legal responsibilities, authority of Board to spend appropriated funds for this purpose|Informing general public of agencies' activities and legal responsibilities, state agency's authority to spend appropriated funds for purpose of

JC-0402
John Cornyn

Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landowners|Water quality protection zones, whether statute creating impermissibly delegates legislative authority to private landowners

JC-0500
John Cornyn

Insufficient title, no law may be held void on basis of|Racial profiling, statute prohibiting peace officers from engaging in is not unconstitutional for insufficient title|Title of bill, Texas Constitution makes legislature solely responsible for determining sufficiency of

JC-0563
John Cornyn

Appellate court employment policies and procedures, review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and exaction of monetary penalty for noncompliance does not violate separation of powers provision|Separation of powers provision, constitutionality under of legislation that subjects appellate courts' employment policies and procedures to review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and to monetary penalty for |Review of appellate court employment policies of by Commission for compliance with Texas Human Rights Act, separation of powers provision is not violated by

JM-1208
Jim Mattox

Same session, statutes enacted in should be harmonized if possible