Opinions
Opinion No. JC-0342
The Honorable Florence Shapiro, Chair, State Affairs Committee, Texas State
Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether the Texas State Board of Medical Examiners is authorized to
adopt rules that prohibit all physician advertising containing testimonials
(RQ-0265-JC)
S U M M A R Y
The Texas Legislature has authorized the Texas State Board of Medical Examiners
to adopt rules that prohibit use of all testimonials in physician advertising
by deeming any health profession advertising containing a testimonial to be
false, deceptive, or misleading advertising in section 101.201(b)(4) of the
Occupations Code. Such a legislative ban, however, will only withstand constitutional
challenge if the state provides evidence supporting the assertion that testimonials
are inherently misleading or otherwise deserving of being banned. This office
cannot predict whether a court would find section 101.201(b)(4) constitutional
under this test.
Opinion No. JC-0343
The Honorable Clyde Alexander, Chairman, Committee on Transportation, Texas
House of Representatives, P.O. Box 2910 Austin, Texas 78768-2910
Re: Applicability of the weight limits in chapters 621 and 622 of the Transportation
Code to ready-mixed concrete trucks (RQ-0285-JC)
S U M M A R Y
Pursuant to section 622.012 of the Transportation Code, properly bonded
ready-mixed concrete trucks with a gross load not heavier than 69,000 pounds
may be operated on public highways unless the particular highway or bridge
in question is subject to a lower maximum weight set by order of the Texas
Transportation Commission in accordance with section 621.102 of the Transportation
Code.
Opinion No. JC-0344
Mr. John P. Maline, Executive Director, Executive Council of Physical Therapy
and Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas
78701-3942
Re: Whether an applicant for a physical therapist license or a physical
therapist assistant license may submit the examination fee directly to the
exam provider (RQ-0287-JC)
S U M M A R Y
Under section 453.202 of the Occupations Code, an applicant for a physical
therapist license or physical therapist assistant license must submit the
required examination fee directly to the Board of Physical Therapy Examiners
along with the written application for a license. See Tex. Occ. Code Ann. §
453.202 (Vernon 2001). An applicant may not submit the examination fee directly
to the entity that administers the examination which is not the Board with
the registration to take the examination. See id.
For further information, please call (512) 463-2110
TRD-200101066
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 21, 2001
NOTICE: The following request for decision has
been withdrawn by the Dallas County District Attorney's Office, the requesting
governmental body. Therefore, no formal open records decision will be rendered
on the following request:
ORQ-13 (ID# 039829)
Re: Whether a criminal
justice agency may release criminal history record information to a criminal
court judge or a criminal defense attorney under subchapter F of chapter 411
of the Government Code, and related questions.
For more information, please contact Michael Garbarino
at (512) 936-6736.
TRD-200101045
Susan Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 20, 2001
NOTICE: The following request for decision has
been withdrawn by the Potter County Attorney's Office, the requesting governmental
body. Therefore, no formal open records decision will be rendered on the following
request:
ORQ-21 (ID# 104307)
Re: Whether a public
employee commits an offense under section 552.351 of the Government Code by
consciously updating computer records, and related questions.
For more information, please contact Michael Garbarino
at (512) 936-6736.
TRD-200101046
Susan Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 20, 2001
NOTICE: The following request for decision has
been withdrawn by the Texas Comptroller of Public Accounts, the requesting
governmental body. Therefore, no formal open records decision will be rendered
on the following request:
ORQ-27 (ID# 114181)
Re: Whether section 552.101
or 552.110 of the Government Code excepts from disclosure information required
to be filed with the Comptroller by entities subject to certain fees under
section 161.123(a) of the Health and Safety Code for placing outdoor advertisements
for cigarettes and tobacco products.
For more information, please contact Michael Garbarino
at (512) 936-6736.
TRD-200101047
Susan Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 20, 2001
Withdrawal of Open Records Request
Withdrawal of Open Records Request
Withdrawal of Open Records Request