Texas Attorney General Opinion: JC-566 Page: 4 of 6
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Mr. William M. Franz - Page 4
demonstrate that such is not the case. Insofar as 19 Texas Administrative Code section 245.10 is
intended to aid in making such a determination, it is within the SBEC's authority. However, as we
have noted, the regulation does not specify that an applicant must submit a "Letter of Good
Standing" issued by the ministry of education or the authorized licensing agency in the educator's
home country. And we believe such a regulatory requirement would impose burdens and conditions
in excess of the SBEC's statutory authority. See S. W. Bell Tel. Co., 888 S.W.2d at 926. There are
cases such as the instant one in which the production of a "Letter of Good Standing" is impossible,
and a refusal by the SBEC to consider any other form of documentation in such instances would
cause a particular class of applicants such as, e.g., Cuban immigrants, undue hardship. In such
instances, the Education Code and section 245.10(a)(3) of the Administrative Code require the SBEC
to permit other material evidence that is "in a form approved by the executive director," see 19 TEX.
ADMIN. CODE 245.10(a)(3) (2002), to make the necessary showing that the "credential ... is
currently in good standing and has not been revoked, suspended, or sanctioned for misconduct and
is not pending disciplinary or other adverse action." Id.
We note that the SBEC already requires the applicant to provide an evaluation of his or her
credits "prepared by a credential evaluation service recognized by the executive director of SBEC."
Id. 245.10(a)(2). Further, under section 22.082 of the Education Code, the SBEC is obliged to
"obtain from any law enforcement or criminal justice agency"-a category that, in our view, would
include the Immigration and Naturalization Service-"all criminal history record information that
relates to an applicant for or holder of a certificate issued under Subchapter B, chapter 21." TEX.
EDUC. CODE ANN. 22.082 (Vernon 1996). What other information the SBEC may deem sufficient
for the purpose of section 245.10(a)(3) is a matter within its discretion, so long as that discretion is
not exercised arbitrarily and capriciously. See, e.g., Occidental Permian, Ltd. v. R.R. Comm 'n, 47
S.W.3d 801, 806 (Tex. App.-Austin 2001, no writ).
In response to an argument offered by the applicant, you ask whether the immigration status
of foreign applicants exempts them from generally applicable statutory or regulatory requirements.
So far as we can determine, it does not.
Article 1, section 8 of the Constitution of the United States gives the Congress the power
"[t]o establish a uniform Rule of Naturalization." U.S. CONST., art. I, sec. 8, cl. 4. The regulation
of immigration and naturalization as such is an exclusively federal concern. "'[O]ver no conceivable
subject is the legislative power of Congress more complete than it is over' the admission of aliens."
Fiallo v. Bell, 430 U.S. 787, 792 (U.S. 1977). Further, under the Supremacy Clause, the Constitution
and laws of the United States are "the supreme Law of the Land... any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding." U.S. CONST., art. VI, cl. 2. Accordingly, a
state could not place burdens or restrictions on immigrants inconsistent with federal law. However,
no such restrictions are evident in subjecting such persons to a common regulatory or licensing
scheme.
Presumably of course the Congress of the United States could, consistent with its plenary
power over matters concerning immigration, exempt foreign nationals from some state regulatory
scheme. But we are aware of no such exemption. In this regard, the applicant refers in his letter of(JC-0566)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-566, text, October 22, 2002; (https://texashistory.unt.edu/ark:/67531/metapth274876/m1/4/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.