what is the impact of the of the attorney general on public policy? When the attorney general issues an opinion on public policy, his opinions have the force of law. What does Texas's balanced budget requirement entail? By law, the state legislature cannot adopt a budget that exceeds anticipated revenue.
What is an attorney general opinion in Texas?
Upon request by certain Texas government officials, the attorney general issues written interpretations of state law. Opinions do not address factual matters nor do they create or amend existing laws. While considered persuasive, they are not binding. Interpretation of state law is left to the courts. Opinions can later be overruled, modified, affirmed, and withdrawn.
What are the limitations of an attorney general opinion?
Mar 02, 2011 · About Attorney General Opinions Opinions are listed in chronological order, with the year of issuance in parentheses. Opinion numbers are shown together with the initials of first letter of the name of the attorney general issuing the opinion. "LO" opinions are "letter opinions" and have the same force as a more formal Attorney general opinion.
Does the Texas attorney general issue interpretations of state law?
Opinion and should not be construed as an Opinion of the Texas Attorney General as to whether a specific governmental action constitutes a taking. The Property Rights Act raises complex and difficult issues in emerging areas of law, public policy, and …
Are Attorney General opinions legally binding?
As Texas's chief legal office, how much force do opinions issued by the attorney general (AG) have on public policy? Choose the best answer. They have the effect of law unless altered or overturned by the legislature or a court
What role does the Texas Attorney General play in Texas budget policy making?
The Budget Division is responsible for establishing, monitoring, and controlling the agency's annual operating budget and prepares the agency's Biennial Legislative Appropriations Request.
Are Texas attorney general opinions binding?
Q What legal weight and authority does an attorney general opinion have? A Texas Supreme Court opinions addressing this question consistently indicate that, while attorney general's opinions are persuasive, they are not controlling or binding on the courts.
What role does the Attorney General of Texas play in Texas government?
The main responsibilities of the Office of the Attorney General are defending the State of Texas and its duly elected laws by providing legal representation to the State, serving the children of Texas through the enforcement of the state's child support laws, securing justice for Texans, protecting Texans from waste, ...
Who can request an opinion from the Texas Attorney General?
The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors include: the governor. the head of a department of state government.
Who gives advisory opinions to state and local authorities in Texas?
The Texas Ethics Commission is authorized by section 571.091 of the Government Code to issue advisory opinions in regard to the following statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Government Code; (3) Chapter 303, Government Code; (4) Chapter 305, Government Code; (5) Chapter 2004, Government Code; ( ...
What is case brief?
A case brief is a short summary of the main points of the decision. The key is short— do not rewrite the opinion, but rather distill it down to its essence.
What is the role of an attorney?
If you are appointed a Power of Attorney, you have a duty to act in the best interest of the person in question, ensuring their financial security and prevent undoing the original agreement.Jul 14, 2017
What are the responsibilities of the Attorney General of the United States?
The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021
What is Attorney General role?
Being the highest law officer of the country, it is the duty of the attorney general to advise the government on legal matters that are referred to him by the president. He is also duty-bound to undertake any responsibilities of duties of legal character that are assigned to him by the president.Jan 4, 2022
How do you ask for a legal opinion?
2 Answers the problem is deed of family settlement has not been stamped and registered . such a document would be in admissible in evidence . it is better to obtain deed of relinquishment from your 2 aunts. it should be duly stamped and registered.
What is opinion and example?
The definition of an opinion is a belief, impression, judgment or prevailing view held by a person. An example of opinion is the San Francisco Giants are the best baseball team. An example of opinion is purple is the best color. An example of opinion is capitalism is better than socialism.
What is a statement of opinion?
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.
What is an attorney general opinion?
Attorney General Opinions. Upon request by certain Texas government officials, the attorney general issues written interpretations of state law. Opinions do not address factual matters nor do they create or amend existing laws. While considered persuasive, they are not binding. Interpretation of state law is left to the courts.
What is a letter opinion?
Letter Opinions. The attorney general previously issued “letter opinions .”. While they carry the same force and effect as a formal opinion, letter opinions concerned non-controversial issues, issues that affected a particular group, or issues local in nature.
What is an open record decision?
The Public Information Act allows governmental bodies to request a decision from the attorney general regarding whether requested information may be withheld under one of the exceptions permitted by law. Open records decisions are online .
What is an attorney general opinion?
An attorney general opinion is a written interpretation of existing law. Attorney general opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law. Attorney general opinions do not necessarily reflect the attorney general's personal views, nor does the attorney general in any way "rule" on what ...
Who is the county auditor?
a county auditor authorized by law. the chairman of the governing board of a river authority. a district or county attorney. A person other than an authorized requestor who would like to request an attorney general opinion may ask an authorized requestor to submit the question to the attorney general.
Authority of Opinions
The weight and authority of Attorney General Opinions in law is a concept which has not been clearly delineated. The following comments may enable the reader to better understand just what these opinions are and how they should be viewed.
Exercise Caution
One should always exercise caution in interpreting and applying opinions. The State Legislature may, for example, pass a law which would render a previously issued opinion inoperable; while more recent opinions may overrule part or all of previous opinions.
What is a governmental action?
A governmental action may result in the taking of private real property requiring the payment of compensation if that action denies an owner of the economically viable use of her land. Deprivation of economic viability may occur through the denial of development permits, as well as through the application of ordinances or state laws.15 “[A] plaintiff seeking to challenge a government regulation as an uncompensated taking of private property may proceed . . . by alleging a ‘physical’ taking, a Lucas-type ‘total regulatory taking,’ a Penn Central taking, or a land-use exaction violating the standards set forth in Nollan and Dolan.”16 Prior to 2005, the perception existed that a regulation that did not “substantially advance legitimate state interests” could result in a “taking.” The United States Supreme Court has since rejected that argument in Lingle v. Chevron U.S.A., Inc. The Court concluded that the “substantially advances” test no longer has a place in “takings” jurisprudence and observed that “[a]n inquiry of this nature has some logic in the context of a due process challenge, for a regulation that fails to serve any legitimate governmental objective may be so arbitrary or irrational that it runs afoul of the Due Process Clause.”17 Governmental actions requiring exactions of property (i.e., green space dedications required for permitting approval) must meet the “rough proportionality test.” This test requires a governmental entity to make “some sort of individualized determination that the required dedication is related both in nature and extent to the project’s anticipated impact, though a precise mathematical calculation is not required.”18
What is a regulatory taking in Texas?
These Guidelines pertain, for the most part, to these less obvious situations.8 Under Texas law, a regulatory taking is also referred to as “inverse condemnation.”9
What is the purpose of the Texas Property Rights Act?
The purpose of the act is to ensure that certain governmental entities2 make a careful evaluation of their actions regarding private real property rights, and that those entities act according to the letter and spirit of the Property Rights Act. In short, the Property Rights Act is another instrument to ensure open and responsible government for Texans.
Which amendment states that no property can be taken for public use without compensation?
The Fifth Amendment to the United States Constitution (the “Takings Clause”) provides: “[N]or shall private property be taken for public use, without just compensation.” The Takings Clause applies to the states by virtue of the Fourteenth Amendment.7
What is the burden analysis?
Burden Analysis. Governmental entities covered by the Property Rights Act should use the following guide in reviewing the potential impact of a proposed governmental action covered by the Property Rights Act. While this guide may provide a framework for evaluating the impact on private real property that a proposed governmental action may have, generally, “takings” questions normally arise in the context of specific affected real property. This guide for evaluating governmental actions covered by the Property Rights Act is a tool that a governmental entity should aggressively use to safeguard private real property owners.
What is public opinion in Texas?
public opinion. A person's views on politics and government is known as. political ideology. Amendments to the Texas constitutional must recieve. a 2/3 vote in each chamber of the Texas legislature. Article VIII of the Texas Constitution establishes provisions for fiscal authority.
What is a watchdog group?
A watchdog group is an interest group or government organization whose job, formally or informally, is to review and publicize the activities of other groups and government entities, raising public alarm when something is amiss. True.
What is the job of the Attorney General of Washington?
The Attorney General is the constitutional legal adviser to state officers. The specific duties of the office include: Representing the State of Washington in the courts in all cases in which the state is interested. Defending the state and its agencies and employees when acting in their official capacities.
What is informal opinion?
Informal opinions are letters that present the considered legal analysis of the Assistant Attorneys General who write them. They also often reflect a consensus of the legal analysis of other staff involved in preparing the informal opinion. They are not personally approved by the Attorney General.
What is the phone number for the Washington State Attorney General?
If you need to receive the information in this brochure in an alternate format, please call (206) 464-6684. The hearing impaired may call 1-800-833-6388 statewide. Published by the Washington State Attorney General’s Office.
Who Can Request An Attorney General opinion?
- Sections 402.042 and 402.043 of the Government Code list the officials who are authorized to request formal attorney general opinions on questions of law. The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors are: 1. the governor 2. the head of a department of...
How to Request An Attorney General Opinion
- Section 402.042(c) of the Government Code requires that a request for an attorney general opinion be in writing and sent by either electronic mail or by certified or registered mail, with return receipt requested, and addressed to the attorney general in Austin. Please review the information on the How To Request An Attorney General Opinionpage for details.
About The Attorney General Opinion Process and Who May Participate
- Once an authorized request is received, the attorney general answers the request by interpreting existing law in accordance with all applicable statutes and the Constitutions of the United States and the State of Texas. The opinion process frequently involves extensive legal research by the group of assistant attorneys general known as the Opinion Committee. In addition to researchin…
Opinions on This Website
- When attorney general opinions are issued, they are posted on this website, usually within 24 hours in PDF format. Opinions are available dating back to 1939. To view opinions by number, use the indexes listed on the left. Opinion requests and pending requests for opinions are also available. In some prior administrations, both formal opinions and letter opinions were issued. O…
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