Legislative Services

Attorney General Opinions

KP-0451: Considers whether the Texas Board of Chiropractic Examiners has discretion to suspend or revoke a chiropractor's license under Texas Occupations Code section 201.5065 if the chiropractor is convicted of certain offenses (RQ-0510-KP). The opinion finds Occupations Code chapter 201 provides for the regulation of chiropractors by the Board of Chiropractic Examiners. Occupations Code chapter 53 is generally applicable to all licensing authorities. Occupations Code section 201.5065 states the Board "shall" suspend or revoke a chiropractor's license under the circumstances listed. Occupations Code sections 53.021 and 201.502 state the Board "may" suspend a license, revoke a license or take other disciplinary actions under the circumstances set forth in each statute. Section 201.5065 is the more specific provision when compared with either section 53.021 or section 201.502. While relevant portions of section 53.021 and section 201.502 were adopted after section 201.5065, there is no manifest intent for either provision to prevail over section 201.5065. Therefore, a court would likely conclude Occupations Code section 201.5065 prevails over section 53.021 and section 201.502 in the event of a conflict.

Requests for an Attorney General Opinion

RQ-0519-KP: Texas Ethics Commission. Asks for consideration of the authority of the Texas Ethics Commission to release sworn complaint information, confidential under Texas Government Code chapter 571, to a member of the Legislature for a legislative purpose.

RQ-0520-KP: Williamson County Attorney. Asks whether a member of the public may obtain copies of spoiled ballots on the 61st day after an election.
RQ-0521-KP: Dallas County District Attorney. Questions the construction of Health & Safety Code section 571.018 with respect to payment of court filing fees and costs in a civil mental health commitment case.
RQ-0522-KP: Senate Committee on Local Government. Ask whether a jurisdiction offering its employees an incentive to vote in an election provides a benefit as consideration for the employee's decision to vote within the scope of Penal Code section 36.02 or 18 U.S.C section 597.
RQ-0523-KP: Texas Real Estate Commission. Asks whether a person who negotiates a lease of property for the development of a wind power project on behalf of another, for compensation, is required to hold a license issued by the Texas Real Estate Commission.