texas attorney general opinions who can request

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 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.

How do you contact Texas Attorney General?

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.

Can I sue the Attorney General of 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 Opinions can later be overruled, modified, affirmed, and withdrawn.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 Attorney General opinions?

An authorized requestor may submit a request to one of the following addresses: Email:[email protected]; Certified or registered mail: Office of the Attorney General Attention Opinion Committee P.O. Box 12548 Austin, Texas 78711-2548; Requestors should include a supporting brief with a 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 is an Attorney General opinion?

What are Attorney General Opinions? As the legal adviser to the executive officials of the government, the attorney general renders requested legal advice generally in the form of written opinions.Jun 1, 2021

How much impact do opinions issued by the Texas Attorney General AG have on public policy?

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.

How do you ask for a legal opinion?

The California Supreme Court and Court of Appeal are state agencies authorized to request opinions. Requests should come from the chief justice or a presiding justice of the court or, as is usually the case, be submitted by the Administrative Office of the Courts.

How do you cite an Attorney General opinion?

Enter an Opinion Number "xx-xxx", Citation Number "xx Ops. Cal. Atty. Gen....Legal Opinions of the Attorney General - Search for Opinions (1982 - Current)Opinion Number (e.g., 12-301);Official Citation (e.g., 95 Ops.Cal.Atty.Gen. 1); or.Word or Phrase from the text of the Opinion's Question or Conclusion.

What are the examples of opinion?

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.

Why did the Texas Senate impose a five ninths rule?

The purpose of the rule is consensus building. The chamber will not stand for a bill that does not have the support of more than its majority. This is meant to slow down the lawmaking process and achieve focused debate and compromise.Jan 31, 2021

Who is the attorney general of Texas?

Ken Paxton (Republican Party)Texas / Attorney generalKen Paxton is the 51st Attorney General of Texas. He was elected on November 4, 2014, and sworn into office on January 5, 2015. As the state's top law enforcement officer, Attorney General Paxton leads more than 4,000 employees in 38 divisions and 117 offices around Texas.

What is a plural executive quizlet?

plural executive. an executive branch in which the functions have been divided among several, mostly elected, officeholders rather than residing in a single person, the governor.

Is legal opinion legally binding?

The recipient of the opinion will then rely on its contents as a basis for entering into the transaction. ... A legal opinion will seek to reassure a lender that the transaction documents will: (i) bind the parties involved in the transaction; and (ii) be enforceable against those parties.Aug 22, 2018

What should be included in a legal opinion?

A legal opinion must contain the Title/heading which shows the subject matter of the opinion, introduction, a summary of facts, legal issues involved, the law applicable, and the specific opinion or advice.

What is the purpose of a legal opinion letter?

The purpose of a legal opinion in a transaction is to provide an additional layer of assurance to the party receiving the opinion. In loan transactions in the United States, it is customary for the borrower's counsel to provide an opinion to the lender (but not vice versa).

Why do you need to submit a brief with an opinion request?

Submitting a brief with an opinion request helps the attorneys who draft and review attorney general opinions to understand what the requestor is asking. Drafting a brief may also help a requestor formulate an opinion request that is clearer and more useful than it otherwise would be.

What should a requestor include in a brief?

Requestors should include a supporting brief with a request. Briefing should include any legal authorities and analysis that apply to the question asked in the request, and it should describe any relevant background facts that led to the submission of the request. No formatting requirements exist for the brief, ...

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 .

Who can give written opinion to the Attorney General?

The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors are: the governor. the head of a department of state government. the head or board of a penal institution. the head or board of an eleemosynary institution.

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 ...

How long does it take to get a draft opinion?

The written opinion speaks for itself. Most opinions are issued within 180 days of the request, but the amount of time required may vary depending on the volume of research required and the number and length of commentaries ...

What is the opinion committee?

The opinion process frequently involves extensive legal research by the group of assistant attorneys general known as the Opinion Committee. In addition to researching the law, the Committee solicits briefs from persons and groups that it deems likely to be affected by the opinion.

What is the meaning of "head of a state board"?

the head or board of a penal institution. the head or board of an eleemosynary institution. the head of a state board. a regent or trustee of a state educational institution. a committee of a house of the Texas Legislature. a county auditor authorized by law. the chairman of the governing board of a river authority.

When were opinions available?

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.

Is an attorney general opinion persuasive?

Courts have stated that attorney general opinions are highly persuasive and are entitled to great weight; however, the ultimate determination of a law's applicability, meaning or constitutionality is left to the courts.

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 state government 3. the head or b…

See more on www2.texasattorneygeneral.gov

How to Request An Attorney General Opinion

About The Attorney General Opinion Process and Who May Participate

Opinions on This Website