what are the powers of the texas state attorney general do

by Dr. Odell Kub 3 min read

Defending the State of Texas and its duly enacted laws by providing legal representation to the State, its officials and agencies, rendering legal opinions, reviewing bonds of public security, and ensuring compliance with the Texas Public Information Act.

What is a power of attorney in Texas?

A “power of attorney” is a written document that authorizes someone (referred to as the agent) to make decisions or take actions on someone else's (known as the principal) behalf. In Texas, there are several kinds of powers of attorney that will grant the agent the right to accomplish different things on the principal's behalf.

What are the duties of the Attorney General?

Each state's attorney general is charged with the responsibility of enforcing the laws, as well as the ability to pass new legislation.

What is a general power of attorney?

A "general power of attorney" is a document that grants the agent very broad rights to act on behalf of the principal. How long does it last? A general power of attorney ends:

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What does a state attorney general do?

They represent the State in all lawsuits and transactions for and against the State. They work and function in the same way as ordinary attorneys.

What is the most important duty of state attorney general?

Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts. Handling criminal appeals and serious statewide criminal prosecutions. Instituting civil suits on behalf of the state.

Is Texas Attorney General a lawyer?

The Attorney General of Texas is the chief lawyer and legal officer for the state of Texas. According to the Texas Constitution, the attorney general defends the laws and the constitution of the state of Texas, represents the state in litigation, and approves public bond issues.

What is the role of a state's Attorney General quizlet?

The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer.

How powerful is the attorney general?

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.

How do I file a complaint with the Texas Attorney General?

File a ComplaintConsumer Protection Complaints. Consumer Protection Hotline: (800) 621-0508. ... Sanctuary Complaints. Sanctuary Complaints Hotline: (844) 584-3006. ... Handgun License Holder Complaints. Handgun License Holder Complaints Hotline: (844) 584-3006. ... Charitable Trusts Complaints. File a Complaint.

How many attorney generals are there in Texas?

OfficeholdersNo.NameTerm of service47Dan Morales1991–199948John Cornyn1999–200249Greg Abbott2002–201550Ken Paxton2015–present46 more rows

How is OAG served in Texas?

The Office of the Texas Attorney General would like to hear from you....Contact Usthe emergency management director designated under Section 418.1015 for the political subdivision;the county judge or a commissioner of a county subject to the declaration; or.the mayor of a municipality subject to the declaration.

Who is the current 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. He was re-elected to a second term in 2018. 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 highly significant power does the attorney general have quizlet?

Although formally a member of the executive branch, the office's powers are primarily legislative. The attorney general is the state's lawyer, representing Texas in civil matters and issuing opinion on the constitutionality and legality of state actions.

Which of the following is now considered to be the main job of the Texas attorney general quizlet?

The attorney general is primarily a civil lawyer advising governments and representing the state in litigation. The primary legislative power of the governor is to _____.

Who is considered a state's head law enforcement officer quizlet?

The highest-ranking law enforcement official within a system; the sheriff is the chief law enforcement officer of a county, the attorney general is the chief law enforcement officer of a state, and the U.S. attorney general is the chief law enforcement officer of the United States.

What does the US attorney general investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

How much does the Attorney General of the United States make?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$221,400, as of January 2021.

Who appoints the Attorney General?

the PresidentAttorney General is appointed by the President on the advice of the government. There are the following qualifications: He should be an Indian Citizen. He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate.

How long does Attorney General serve in Kenya?

10 yearsFuture Attorneys General will stay in office for a term of 10 years with no option of reappointment. The draft constitution proposed by the Committee of Experts (CoE) also says the AG shall have the same qualifications as the Chief Justice.

What is a power of attorney in Texas?

A “power of attorney” is a written document that authorizes someone (referred to as the agent) to make decisions or take actions on someone else's (known as the principal ) behalf. In Texas, there are several kinds of powers of attorney that will grant the agent the right to accomplish different things on the principal's behalf.

Why do I need a power of attorney?

Why would I need one? General powers of attorney are used to allow someone to act for you in a wide variety of matters. For example, general powers of attorney are often used in business dealings to allow an employee to enter into contracts, sell property, spend money, and take other actions on behalf of their client.

What is Elder Law Answer Book?

The Elder Law Answer Book offers a thorough guide to aspects of the law that affect senior citizens, including long-term care planning, powers of attorney, trusts, age discrimination, and more.

Can a power of attorney be used for end of life?

Because general powers of attorney terminate when someone is incapacitated, they are not ideal for end-of-life planning or medical directives. Medical powers of attorney and durable powers of attorney (ones that last after or begin upon the incapacitation of the principal) are better alternatives for these situations.

What is Attorney General Paxton's job?

Attorney General Paxton is focused on protecting Texans and upholding Texas laws and the Constitution. Fighting federal overreach, he filed 27 lawsuits against the Obama administration during a two-year stretch, of which six were heard in the U.S. Supreme Court. He's obtained an injunction or other winning ruling in more than 75 percent of the cases he's brought against the federal government.

How many employees does Attorney General Paxton have?

He was re-elected to a second term in 2018. 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 the Kush and Spice law in Texas?

His office has filed more than a dozen lawsuits to block the sale of synthetic cannabinoids (known as Kush and Spice) in Texas. The agency’s website provides Texans with the information and resources they need to become fully informed about the dangers of synthetic drugs and the opioid painkiller abuse crisis.

What district is Attorney General Paxton in?

First elected to the Texas House of Representatives in 2002, Attorney General Paxton represented House District 70 for 10 years, one of the fastest-growing regions in the state. In 2012, he was elected to the Texas state Senate, representing Senate District 8 in Collin and Dallas counties.

Where did Attorney General Paxton go to law school?

Attorney General Paxton graduated from Baylor University, where he served as student body president, earning a B.A. in psychology and an M.B.A. After receiving a law degree from the University of Virginia School of Law, he worked as an attorney at Strasburger & Price, LLP, in-house counsel for J.C. Penney Company, and headed up his own law firm for 14 years in McKinney.

What did stopping the EPA's water rule preserve?

Stopping the EPA's “Waters of the United States” rule preserved Texans' ability to regulate their own natural resources, including ponds, puddles and streams on private property. Businesses were protected and jobs preserved in Texas when Attorney General Paxton prevailed against the Department of Labor’s “Overtime” rule.

Who is the attorney general of Texas?

The Texas attorney general is the chief legal officer of the U.S. state of Texas. The current officeholder, Republican Ken Paxton, has served in the position since January 5, 2015.

How long is the term of the Texas Attorney General?

The attorney general is elected to a four-year term. In 2013, former Attorney General Greg Abbott announced he would not seek reelection and would run for governor. In November 2014, he was elected as the governor of Texas. Ken Paxton defeated former House Representative Dan Branch in the Republican primary by a 26% margin ...

What building houses the Attorney General's office?

The William P. Clements State Office Building houses the Attorney General offices. The Office of the Attorney General was first established by executive ordinance of the Republic of Texas government in 1836.

What is the role of the Attorney General?

The attorney general is charged by the state constitution to represent the state in civil litigation and approve public bond issues. There are nearly 2,000 references to the Office of the Attorney General in state laws.

What is the law enforcement division in Texas?

In addition, the Law Enforcement Division is the state of Texas liaison to Interpol (International Criminal Police Organization) and the U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN). The office is also charged with proceedings to secure child support through its Child Support Division.

Does the Texas Constitution give the Attorney General powers?

The Texas Constitution gives the attorney general no general law-enforcement powers; instead it limits the attorney general's authority in criminal cases to that dictated by statute. The Texas Legislature has not given the attorney general broad law-enforcement authority, but permits the attorney general to act in criminal cases "at ...

What are the different types of powers of attorney?

The different types of Powers of Attorney can include: 1 A General Power of Attorney, which authorizes your agent to act on your behalf in a wide scope of personal affairs, both financial and life affairs. 2 A limited Power of Attorney, which authorizes your agent in only a specific way. This is often used for handling a certain transaction, such as signing a purchase or sale agreement while you are out of the state or the country. It can also be for a limited time period. 3 A Durable Power of Attorney, which gives your agent specific powers and that continues to remain effective even if you become mentally or physically incapacitated. 4 A Medical Power of Attorney, which gives your agent the power to engage in medical decisions should you become unable to express your wishes due to incapacity from illness or injury. 5 A springing Power of Attorney, which only goes into effect when you become incapacitated. This also becomes a Durable Power of Attorney.

What is a power of attorney?

A Power of Attorney is a legal instrument in which you, as the principal, grant the power to a designated person to act on your behalf. That person is known as your “agent” or “attorney-in-fact.” The powers you grant your agent can be very limited and for a limited time period or can be general, meaning that your agent has the authority to handle any financial or life affairs that you would handle. Those affairs can range from handling your bank accounts to stocking your pantry.

What is a durable power of attorney in Texas?

It is a financial durable power of attorney - this means that it only allows the agent to handle financial matters. It does not permit the agent to make decisions about the principal's health care.

Who is appointed for the principal?

A guardian is appointed for the principal.

What is considered incapacitated in Texas?

According to Section 751.00201 of the Texas Estates Code, a person is considered to be "incapacitated" for the purposes of a durable power of attorney if a doctor's examination finds that they are not able to manage their own finances. The doctor must provide a written statement certifying this finding of incapacity.

What is the job of a state attorney general?

Each state's attorney general is charged with the responsibility of enforcing the laws, as well as the ability to pass new legislation. The state attorney general also has the higher purpose of protecting the people of the state and their interests. Attorney general duties include providing consumer ...

Why do you need a bio for an attorney general?

Or if they are appointed to the job, they need an outstanding bio in order to be noticed for the appointment. The job of state attorney general isn't like jobs in private business, where employees receive performance reviews that may lead to a salary raise.

How often do attorneys general meet?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics. AGs may also serve as officers of this and other legal organizations and on various committees established to accomplish specific goals.

How many times does the Attorney General meet with the Attorney General?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics.

How long can an AG serve?

Many states set limits on how many years their AG can serve, with the norm being a maximum of eight years. Only Virginia does not set a limit on how long their AG can serve.

How many states have an AG?

Some states have minimum age requirements for their AGs, while others do not. In 43 states, the AG is elected by popular vote. In the other seven states, the AG is appointed by the state government.

Can an attorney general intervene in local court cases?

Most states give their attorney general offices rather broad authority but some are more restrictive. For example, in some states, AGs can intervene in local prosecutions, while in others, only local prosecutors can do so.

Types of Powers of Attorney

To start, let's look at a few short definitions of the most common types of powers of attorney. These definitions are from an article written by the Legal Hotlines for Texans at the Texas Legal Services Center that appears on Texas Law Help:

Powers of Attorney Research Guide

If you're not quite sure where to continue to learn about powers of attorney, we suggest checking out the library's research guide on the subject, which has additional pages for durable powers of attorney and medical powers of attorney.

E-Books From the Digital Collection

If you'd like to do a bit more research on powers of attorney, we have a number of e-books available on this particular topic in the library's digital collection. These resources are only available to SLL library patrons, so make sure you register for a free library account with us if you haven't done so already.

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Overview

Duties and responsibilities

The attorney general is charged by the state constitution to represent the state in civil litigation and approve public bond issues. There are nearly 2,000 references to the Office of the Attorney General in state laws.
The Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the governor, heads of state agencies an…

History

The Office of the Attorney General was first established by executive ordinance of the Republic of Texas government in 1836. The attorneys general of the Republic of Texas and the first four attorneys general under the 1845 state constitution were appointed by the governor. The office was made elective in 1850 by constitutional amendment.

Political prominence

Many leading political figures in Texas history have served as attorney general, several of them using the office as a jumping-off place to other offices in the state and national government. Attorneys general James S. Hogg, Charles A. Culberson, Dan Moody, James V. Allred, Price Daniel, Mark White, and Greg Abbott were elected governor. Culberson, Daniel, and John Cornyn were later elected to the United States Senate.

Notes

1. First elected attorney general (AG) of state of Texas; previously elected AG of the Republic of Texas
2. Resigned
3. Appointed

External links

• Texas Attorney General official website
• Texas Attorney General articles at ABA Journal
• News and Commentary at FindLaw
• U.S. Supreme Court Opinions – "Cases with title containing: State of Texas" at FindLaw