instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
(Tex.2010) (orig. proceeding). Failure to exhaust administrative remedies creates a jurisdictional bar to proceeding with the claim. See City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex.2008) (“[Njoncompliance [with Chapter 21’s administrative procedures] deprives courts of subject-matter, jurisdiction.”); Smith v. Univ. of Tex. Sw. Med. Ctr. of Dallas, 101 S.W.3d 185, 188 (Tex.App.-Dallas 2003, no pet.). A would-be Chapter 21 claimant must first file an administrative complaint with the civil rights division of the Texas Workforce Commission. See Tex. Lab.Code Ann. § 21.201(a) .(stating that an aggrieved person “may file a complaint with the commission”); id. § 21.0015 (defining “commission” as “the Texas Workforce ■Commission civil rights division”); Schroeder, 813 S.W.2d at 486-88 (<HOLDING>). The complaint must be filed “not later than 
 Holding statements: (A) holding use of word may generally indicates permissive rather than mandatory intent (B) holding that a states use of the word shall is mandatory language (C) holding that exhaustion is mandatory and jurisdictional (D) holding that administrative exhaustion is mandatory despite legislatures use of the word may (E) recognizing that exhaustion is mandatory and jurisdictional
answer:
holding use of word may generally indicates permissive rather than mandatory intent


question:
complaint nor any facts relating to VBCJ’s General Order support an argument that Waters received less procedural due process than what is constitutionally required in the circumstances. Therefore, VBCJ’s fee program does not violate Waters’ right to procedural due process. C. Legitimate Penological Interest Finally, Waters’ complaint, broadly construed, alleges that Virginia’s one dollar per day room and board fee is not reasonably related to any legitimate penological interest. This claim also plainly fails, as there are several conceivable rationales to support the finding that VBCJ’s fee program is “ ‘reasonably related’ to promoting a legitimate penological interest.” Sample v. Angelone, 173 F.3d 425 (Table), 1999 WL 52347, *1 (4th Cir. Feb.5 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). 5 . Section 53.1-131.3 provides as follows: 
 Holding statements: (A) holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person (B) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (C) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (D) holding that deliberate indifference standard for imposing supervisory liability based on an eighth amendment violation is consistent with iqbal and collecting cases (E) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation
answer:
holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person


question:
changes in our culture, did not alter our essential federal constitutional structure. See New York v. United States, 505 U.S. 144, 159, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992) (“The actual scope of the Federal Government’s authority with respect to the States has changed over the years ... but the constitutional structure underlying and limiting that authority has not.”). In Texas v. White, 74 U.S. (7 Wall.) 700, 19 L.Ed. 227 (1868), decided the same year the Fourteenth Amendment wa ct of the law [is] to direct the functioning of the state executive, and hence to compromise the structural framework of dual sovereignty .... It is the very principle of separate state sovereignty that such a law offends.... ”); Seminole Tribe v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (<HOLDING>); id. at 72, 116 S.Ct. 1114 (“[W]e reconfirm 
 Holding statements: (A) recognizing that congress has specifically abrogated the eleventh amendment defense when legislating pursuant to  5 of the fourteenth amendment and its article i  8 plenary power over commerce but refusing to extend authority to abrogate to legislation enacted pursuant to the indian commerce clause the indian gaming regulatory act (B) recognizing the power of federal courts to decide cases is restricted by the cases and controversies clause of article iii (C) holding that the exercise of judicial power under article iii of the united states constitution requires an actual case or controversy (D) holding that the eleventh amendment bars con gress from using its power under the indian commerce clause of article i to expand the jurisdiction of the federal courts under article iii (E) holding that eleventh amendment bars federal suits against state courts
answer:

recognizing that congress has specifically abrogated the eleventh amendment defense when legislating pursuant to  5 of the fourteenth amendment and its article i  8 plenary power over commerce but refusing to extend authority to abrogate to legislation enacted pursuant to the indian commerce clause the indian gaming regulatory act