RQ-0520-KP
Requestor:
The Honorable Dee Hobbs
Williamson County Attorney
405 M.L.K. Street, #7
Georgetown, Texas 78626
Re: Whether a member of the public may obtain copies of spoiled ballots on the 61st day following election day (RQ-0520-KP)
Briefs requested by December 18, 2023
RQ-0521-KP
Requestor:
The Honorable John Creuzot
Dallas County District Attorney
500 Elm Street, Suite 6300
Dallas, Texas 75202
Re: 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-0521-KP)
Briefs requested by December 18, 2023
RQ-0522-KP
Requestor:
The Honorable Paul Bettencourt
Chair, Senate Committee on Local Government
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Re: 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-0522-KP)
Briefs requested by December 18, 2023
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202304354
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: November 21, 2023
Opinion No. KP-0451
Mr. Mark Bronson, D.C.
President
Texas Board of Chiropractic Examiners
1801 North Congress, Suite 10.500
Austin, Texas 78701
Re: 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)
S U M M A R Y
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.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202304353
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: November 21, 2023