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Case Law Update
(Texas Tech Journal of Texas Administrative Law, 2004)
This update surveys recently published state-court appellate decisions addressing Texas administrative law issues that may be of particular interest to administrative law practitioners. Each is summarized, highlighting the ...
Averting Disaster: A Critical Analysis of Agrisecurity in the Texas Agricultural Industry
(Texas Tech Journal of Texas Administrative Law, 2004)
This comment focuses on how Texas would respond to the release of a foreign animal disease (FAD) into its livestock population. It explains that livestock is constantly at risk of exposure to various forms of contagious ...
Where Do I Put My Gun?: Understanding the Texas Concealed Handgun Law and the Licensed Owner’s Right-To-Carry
(Texas Tech Journal of Texas Administrative Law, 2005)
This comment focuses on the Concealed Handgun Law (CHL) in Texas beginning with a brief examination of its history, effects, and application through present time. The main discussion centers on an analysis of the Texas CHL ...
Regulation by Contractors: Delegation of Legislative Power to Private Entities in Texas
(Texas Tech Journal of Texas Administrative Law, 2004)
This article first summarizes the constitutional underpinnings of legislative power and the non-delegation doctrine. It also surveys the non-delegation doctrine’s provisions and its application, reviews the Texas Supreme ...
Federal Supremacy, Sovereign Immunity, and Cooperative Federalism—The Relationship Between Federal Facilities and State Environmental Laws
(Texas Tech Journal of Texas Administrative Law, 2004)
This article addresses whether federal facilities located on state land are subject to state environmental regulations, specifically those regulations pertaining to state permitting and punitive fines, or are they exempt. ...
Who Will Play Poker in the Texas Saloon if the Sheriff Makes Everyone Play with Their Cards Face Up? The Importance of Protecting Competitively Sensitive Information in the Restructured Texas Electric Market
(Texas Tech Journal of Texas Administrative Law, 2004)
This article addresses the Public Utility Commission of Texas rules requiring wholesale electric market participants to provide to the Commission details of each wholesale power transaction via quarterly reports. It discusses ...
Texas Administrative Agencies Tackle Compliance with the Health Insurance Portability and Accountability Act’s Privacy Rule
(Texas Tech Journal of Texas Administrative Law, 2004)
Overall, this comment illustrates the need for HIPAA’s Privacy Standard, analyzes the Standard, and shows the impact of the Standard on Texas administrative agencies’ rulemaking. It discusses what HIPAA’s new standards ...
Click on the Dotted Line: Electronic Signature Laws Provide Texas Agencies Secure and Legally Binding Online Transactions
(Texas Tech Journal of Texas Administrative Law, 2004)
This comment summarizes the current status of electronic signature laws in Texas. First, it provides a preliminary general discussion of current electronic signature technologies. Then, it focuses on the current states and ...
Meeting the Texas Education Agency’s Demands for Special Education Students: Is Your Texas School District Performing Adequate ARDS?
(Texas Tech Journal of Texas Administrative Law, 2004)
This comment provides an overview of the requirements of the Admission, Review, and Dismissal (ARD) process as outlined by Texas Education Agency (TEA) in the administrative code. It illustrates potential pitfalls Texas ...
Primary Jurisdiction in Texas: Has the Texas Supreme Court Clarified or Confused It?
(Texas Tech Journal of Texas Administrative Law, 2004)
This article identifies and discusses the jurisdictional principles that should be considered in answering whether a court case must be abated while an agency decides an issue that affects one or more of your client’s ...