Texas Attorney General Opinion: JM-652 Page: 7 of 9
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Mr. Ross Newby - Page 7 (JM-652)
in its rules to prohibit false, misleading, or
deceptive practices by a facility regulated by the
commission a rule that:
(1) restricts the facility's use of any medium
for advertising;
(2) restricts in an advertisement the personal
appearance of a person representing the
facility or the use of that person's voice;
(3) relates to the size or duration of an
advertisement by the facility; or
(4) restricts the facility' s advertisement
under a trade name.
The legislature has delegated to the commission the implied authority
to formulate criteria to conduct on-site inspections prior to granting
licenses, criteria that may not exceed the authority conferred by
section 7 of article 5561cc, V.T.C.S. Board of Insurance Commis-
sioners v. Guardian Life Insurance Co., 180 S.W.2d 906 (Tex. 1944);
Blount v. Metropolitan Life Insurance Co., 677 S.W.2d 565 (Tex. App. -
Austin 1984), rev'd on other grounds sub nom., Employees Retirement
System of Texas v. Blount, 709 S.W.2d 646 (Tex. 1986). You have
included with your request a copy of rules promulgated by the com-
mission pursuant to section 7 that govern licensing procedures and the
denial, non-renewal or revocation of a license. You do not ask about,
nor accordingly do we address, any specific rule or portion of a rule.
We note only that any rule promulgated by the commission must comport
with section 7.
Finally, you ask:
Does article 4437h, section 4(c), give the
Texas Department of Health authority to coordinate
licensing or certification procedures or Memoranda
of Agreements between the Texas Commission on
Alcohol and Drug Abuse and the Texas Department of
Human Services with respect to Commission-licensed
programs which provide alcohol and drug treatment
and rehabilitation services (as defined in article
5561cc, V.T.C.S.) to juveniles?
The answer is clearly "no," at least with regard to facilities
that are not hospitals which fall under section 4. Subsection (c) of
section 4 of article 4437h, V.T.C.S., provides that
[t]he Texas Department of Health shall coordi-
nate all licensing or certification proceduresp. 2968
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-652, text, March 23, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273090/m1/7/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.