Bill Of Rights

Delegation of legislative authority to private entity-a court would first confirm the delegation, examining whether it results in a private entity setting public policy, providing the details of the law, promulgating rules and regulations to apply the law, or ascertaining conditions upon which existing laws may operate. If so, court would apply eight-factor test from Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen to determine whether the factors as a whole weigh in favor of or against constitutionality.|Delegation of legislative authority to public entity - court examines whether the Legislature established reasonable standards to guide the public entity in exercising such powers.|Regulatory takings challenge, a court considering challenge would use federal framework examining: (1) regulation's economic impact on claimant; (2) the nature of the governmental action; and (3) regulation's degree of interference with property owner's economic expectations."|Proposed management plan (the "Plan") for the Upper San Saba River involving a potential delegation of legislative authority, the constitutionality of, and whether such a Plan would result in a regulatory taking, involves fact determinations that cannot be resolved in an attorney general opinion.

Repeal of confidentiality provision applies to information submitted to governmental body before repeal's effective date unless otherwise provided|Water-use surveys, repeal of confidentiality provision applies to surveys submitted to board before repeal's effective date; to the extent repeal has some retroactive effect, it does not violate constitutional prohibition against retroactive laws|Confidentiality provision, to the extent amendment repealing has some retroactive effect, it does not violate prohibition against retroactive laws

Rules are construed in the same way as statutes|Remonstrance, individual's right of|Innocence, rule stating requirements to apply for Board recommendation of pardon based on Board's authority to waive such requirements

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

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

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

Equal protection guarantee under article I, section 3 is analyzed using federal equal protection standards

Slayer’s Rule or the constructive trust doctrine, a court would likely hold Probate Code section 41(e)(3) contravenes article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child under circumstances not within the \r\n|Probate Code section 41(e)(3) would likely be held by a court to contravene article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child if the person has been convicted, placed on community supervision, including deferred adjudication community supervision, under circumstances not within the Slayer’s Rule or the constructive trust doctrine|Attainder\r\n\r\n|Civil death\r\n\r\n|Slayer’s Rule\r\n

Retroactive laws, construction of statute prohibiting certain deed restrictions as

Takings, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053|Public road, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053

Property Code section 202.006 is not a bill of attainder prohibited by the Texas or United States Constitutions|Contract Clauses of the Texas and United States Constitutions, property owners\\' association covenants are treated as contracts between parties under Texas law and are therefore protected by|Both the Texas and United States Supreme Courts have determined that the constitutional rule against impairment of contracts may yield to statutes that serve a significant and legitimate public purpose.

General arbitration statute does not contravene "open courts" provision of Texas Constitution

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

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

Teen court program, municipal court authority to impose administrative cost fee and other court costs|Court costs for teen court program, imposition does not contravene due process

Due process is not violated when municipal annexation causes territory to be subject to a sexually oriented business ordinance that is less stringent than county ordinance previously in effect|Sexually oriented business ordinance that is less stringent than county ordinance previously in effect, no violation of due process where municipal annexation causes territory to be subject to

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

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

Alcoholic beverage offenses involving minors, jurisdiction|Alcoholic beverage offenses involving minors, justice and municipal court jurisdiction|Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guarantees|Offenses, constitutionality of community service in rural areas as alternative to alcohol awareness course|Possession, consumption, and purchase by minors, justice and municipal court jurisdiction

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

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

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

Removal requirements, statute disqualifying certain officers construed to incorporate|Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutes|Hold over, whether disqualified officer holds over depends upon application of constitutional removal requirements|Statute disqualifying water district director who becomes a candidate for another office, constitutionality of|Retroactive application, presumption against|Constitutional, presumption that legislature intended statute to be

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

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

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

Appointment of counsel for criminal defendant, constitutionality of article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within th|Appointment of counsel for criminal defendant, constitutionality of statutory indigency standard for|Appointment of counsel for indigent defendant, constitutionality of statutory indigency standard for|Appointment of counsel for indigents, constitutionality of article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days |Equal protection, whether article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days of request in less populous count|Equal protection, whether statutory indigency standard for appointing counsel for indigent criminal defendant violates

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

Retroactive law and impairment of contract, amendments to statute governing purchases made with forfeited funds would constitute if applied to purchases made by district attorney prior to effective date|Forfeited funds, amendments to statute governing purchases made with would constitute retroactive law and impairment of contract if applied to purchases made by district attorney prior to effective date

Deputy sheriffs and jailers, random drug testing of violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))|Random drug testing of deputy sheriffs and jailers violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))|Random drug testing of deputy sheriffs and jailers violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))

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.