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Public Safety, Department Of

Summaries

KP-0150
Ken Paxton

Convictions of juveniles by municipal courts for misdemeanor offense of possession of drug paraphernalia not reportable to Department of Public Safety|Municipal courts not required to report juvenile convictions for misdemeanor offense of possession of drug paraphernalia to Department of Public Safety|Department no required to accept municipal court convictions of juveniles for misdemeanor offense of possession of drug paraphernalia

GA-0022
Greg Abbott

Salvage motor vehicles, Department of Public Safety lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of Transportation|Salvage motor vehicles, department lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of Transportation

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-0365
Greg Abbott

Oath of office, whether DPS commissioned officer is public officer required to take|Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety or Public Safety Commission does no operate|Oath of office, whether DPS commissioned peace officer is public officer required to take|Public office, Aldine standard established by Texas Supreme Court is standard in Texas to determine, under article XVI, section 1, Texas Constitution, whether an individual holds|Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety does no operate

GA-0454
Greg Abbott

Sex offender registration statute; registration based on out-of-state offense|Comprehensive enactment intended to include all the law on the subject with which it deals evidences a legislative intent to repeal former statutory law

GA-0479
Greg Abbott

Driver's license, Department of Public Safety may deny renewal of driver's license for person who fails to appear in justice or municipal court, but not of a person who fails to appear in county or district court|Driver's license, Department of Public Safety may deny renewal of driver's license for a person who fails to pay fine and cost for any offense in any court with criminal jurisdiction|Deny renewal of driver's license of a person who fails to appear in justice or municipal court, but not of a person who fails to appear in a county or district court, the Department of Public Safety may|Deny renewal of driver's license of a person who fails to pay fine and cost for any offense in any court with criminal jurisdiction, the Department of Public Safety may|Driver's license renewal, the Department of Public Safety may deny to any person who fails to appear in justice or municipal court, but not to a person who fails to appear in county or district court|Driver's license renewal, the Department of Public Safety may deny to any person who fails to pay fine or costs for any offense in any court with criminal jurisdiction

GA-0547
Greg Abbott

Veterinary Medical Examiners, Board may adopt rule prohibiting a licensee from dispensing a controlled substance unless licensee has registered with Department of Public Safety|Controlled substance, Board may adopt rule prohibiting licensee from dispensing unless licensee has registered with Department of Public Safety|Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting licensee from dispensing unless licensee has registered with the Department|Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting Licensee from dispensing unless licensee has registered with Department of Public Safety

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-0917
Greg Abbott

Duties relating to the issuance of driver’s licenses and personal identification certificates, Department of Public Safety may not delegate such duties to county tax assessor-collector nor may a county participate in such a program|Driver’s licenses and personal identification certificates, Department may not delegate to county tax assessor-collector its duties relating to the issuance of, nor may a county participate in such a program

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-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-0400
Dan Morales

Driver training course taught by parent or legal guardian to minor, authority of Department to make rules for curriculum|Legislative intent found in unambiguous language of statute|Minor taught to drive by parent or legal guardian, licensing requirements for|Parent or legal guardian who teaches minor to drive, eligibility for approval as driver training course

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-0409
John Cornyn

Social security number, Department may require license applicant who does not possess social security number to provide letter from Social Security Administration indicating ineligibility for|Social security number, Department of Public Safety may require license applicant who does not possess social security number to provide letter from Social Security Administration indicating ineligibility for

JC-0416
John Cornyn

Dirt bikes, Department does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes|Dirt bike under chapter 662 of the Transportation Code, an off-road "dirt bike" is a self-propelled "motor vehicle" but cannot be classified as a motorcycle|Dirt bikes, Department of Public Safety does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikes

JC-0520
John Cornyn

Dormitory or hotel, resident of may be Texas domiciliary for purpose of obtaining commercial driver's license|Domicile|Dormitory or hotel, Department may not conclusively presume resident of is not Texas domiciliary

KP-0305
Ken Paxton

A Texas driver's license that on its face lists an expiration date of March 13, 2020, or later is not expired under the Governor's suspension of laws and related DPS guidance until 60 days after the DPS provides further public notice that normal driver's license operations have resumed.

KP-0313
Ken Paxton

The federal exemption for over-the-road buses does not preempt Texas Transportation Code section 621.101; therefore, over-the-road buses traveling on Texas interstate highways are subject to the tandem axle weight limits in subsection 621.101(a)(2).

KP-0341
Ken Paxton

Nothing in the language of Transportation Code chapter 706 authorizes a political subdivision to require the Department of Public Safety to lift previously-requested drivers’ license renewal holds for reasons other than those articulated in subsection 706.005(b).