texas who can ask for an attorney general opinion

by Prof. Jaylen Watsica 5 min read

The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. 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.

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.

Full Answer

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.

How do I request an attorney general 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.

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 Opinions can later be overruled, modified, affirmed, and withdrawn.

Who can request a formal Attorney General's written advice?

Conroe, Texas 77301 . Opinion No. KP-0364 . Re: Whether a driver’s license is required to operate a golf cart on a publicly maintained road, as authorized by sections 551.403 and 551.404 of the Transportation Code (RQ-0381-KP) Dear Mr. Ligon and Mr. Griffin: You ask whether a person must hold a driver’s license to operate a golf cart on a ...

image

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 can the Texas Attorney General do?

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, ...

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.

What does the Attorney General do?

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

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.

Who is the assistant attorney general of Texas?

Brent WebsterBrent Webster was appointed by Ken Paxton to be First Assistant Attorney General in 2020.

How do you find AG opinion?

Search for Opinions - Search for opinions by Opinion Number (e.g., 01-107), Official Citation (e.g., 84 Ops. Cal. Atty....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 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.

What does the reporter mean when he says that Texas Child Protective Services has effectively an impossible job?

What does the reporter mean when he says that Texas Child Protective Services has "effectively an impossible job"? CPS workers must walk a fine line between balancing the rights of parents and the responsibility to protect children.

What is the difference between Attorney General and Solicitor General?

The Solicitor General of India is subordinate to the Attorney General for India. They are the second law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General for India. Currently, the Solicitor General of India is Tushar Mehta.

Can Attorney General do private practice?

Like the Attorney General of the United States, the Attorney General of India has executive authority. Those functions are performed by the Law Minister of India. Also the AG is not a government servant and is not debarred from private legal practice.

What power does the US Attorney General have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

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.

What does the Attorney General do?

The Attorney General interprets this as permitting opinions to be provided to state-level departments, agencies, boards, and commissions. This does not include local agencies, even when the local agency has been organized under state statutes.

What is the role of the California Attorney General?

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

What is a 12519 opinion?

Government Code section 12519 states that opinions will be provided on "questions of law." Requests that require factual investigations or that would require the resolution of a factual despite are declined. Requests for advice, or for policy determinations, are also declined.

How long does it take to write an opinion?

It generally takes several months to write an opinion. For a variety of reasons, it is often not possible to accurately predict when a particular opinion will be published. The Attorney General’s Office is not in a position to expedite formal legal opinions at this time.

What is quo warranto?

The statutes relating to quo warranto actions are in the California Code of Civil Procedure, starting at section 803. “Quo warranto” is Law Latin for “by what authority”—as in, by what authority does this person hold this office? The words “quo warranto” are not in the statutes, but the action is still known by the name it had when it existed as part of the common law.

image

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

  • 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.
See more on www2.texasattorneygeneral.gov

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…
See more on www2.texasattorneygeneral.gov

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…
See more on www2.texasattorneygeneral.gov