The Texas Constitution and sections 402.042 and 402.043 of the Texas Government Code grant the attorney general authority to issue attorney general opinions. An attorney general opinion is a written interpretation of existing law.
What is an attorney general opinion in Texas?
Section 402.042(c) of the Government Code requires that a request for an attorney general opinion be in writing and sent in one of two ways: By electronic mail to an address designated by the attorney general for the purpose of receiving requests for opinions; or By certified or registered mail, with return receipt requested, and addressed to the attorney general in Austin.
Does the Texas attorney general issue interpretations of state law?
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 Opinions can later be overruled, modified, affirmed, and withdrawn.
Can a person ask the Attorney General for a written opinion?
The Texas Constitution and sections 402.042 and 402.043 of the Texas Government Code grant the attorney general authority to issue attorney general opinions. 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.
Who can request a formal Attorney General's written advice?
Montague, Texas 76251-0055 Phone, (940)894-621 I Fax, (940)894-6203 [email protected] 11 April 2011 + Office of the Attorney General Opinion Committee P.O. Box 12548 Austin, Texas 78711-2548 RE: Request for Attorney General's Opinion Dear Chairman and Members of the Committee: RECEiVED APR 19 2011 Chris Hughes …
Who can request a Texas Attorney General opinion?
Who Can Request an Attorney General Opinion? Only those requestors authorized by law may seek the Attorney General's written advice through a formal opinion. The Government Code lists the officials authorized to request formal attorney general opinions.
Who gives advisory opinions to state and local authorities in Texas?
Constitutionality of Article 15.16a, Texas Election Code. Responsibility of Secretary of State to render advisory opinions concerning Chapter 14 investigations, litigation, or prosecutions.
Are Texas AG opinions binding?
Governmental bodies may follow an AG opinion's advice and courts give AG opinions “great weight,” but AG opinions don't have the force of law and are not binding on courts.Aug 18, 2021
What does the Texas Attorney General regulate?
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, ...
What is the Texas Government Code?
The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. There are 17 titles in the TAC. Each title represents a subject category and related agencies are assigned to the appropriate title.
Why did the Texas Constitution establish a plural executive?
Why did the Texas constitution establish a plural executive? There was suspicion of a strong chief executive. What is the most important function of the Texas governor's staff?
What does the Texas Supreme Court do?
The Supreme Court of Texas (SCOTX) is the court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the Texas Court of Criminal Appeals (CCA), is the court of last resort in criminal matters.
What does Texas balanced budget entail?
What does Texas's balanced budget requirement entail? By law, the state legislature cannot adopt a budget that exceeds anticipated revenue. What does it take to override the Comptroller? A four-fifths majority out of both houses of legislature.
How do you cite California attorney general opinion?
Search for Opinions - Search for opinions by Opinion Number (e.g., 01-107), Official Citation (e.g., 84 Ops. Cal. Atty. Gen....A copy of a published opinion may be obtained by contacting the Opinion Unit:Office of the Attorney General.Opinion Unit, Dept. ... Attn. ... P. O. Box 944255.Sacramento, CA 94244-2550.More items...
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
Who is the Attorney General of Texas?
Ken Paxton (Republican Party)Texas / Attorney generalWarren Kenneth Paxton Jr. is an American lawyer and politician who has served as the Attorney General of Texas since January 2015. Paxton has described himself as a Tea Party conservative. Paxton was re-elected to a second term as Attorney General in 2018. Wikipedia
How do I file a complaint against a Texas district attorney?
The State Bar of Texas is the agency with authority to regulate attorneys in Texas. If you have a complaint about the actions of an attorney, contact the State Bar's Grievance Committee at (800) 932-1900.
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.
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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