The Texas Attorney General The interpretations, called opinions, are not technically legally binding, but they are highly persuasive and are generally considered to be authoritative until and unless they are overruled by legislative or court action.
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 to Request an Attorney General OpinionEmail: [email protected] or registered mail: Office of the Attorney General. Attention Opinion Committee. P.O. Box 12548. Austin, Texas 78711-2548.
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 key problem with counties in Texas? Many of them are too small and underpopulated to function well. What is an at-large election? an election in which voters elect officials from the entire geographical area, rather than from a smaller district within the area.
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.
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A target letter is commonly used in white collar cases and it is a way for the federal government to notify you that you are a target of a criminal investigation. A target is defined by the United States Attorney's Office as someone against whom there is substantial evidence.
The salutation of the letter should be: Dear Attorney General (last name). For the Attorney General of a State address the envelop: The Honorable/(Full name)/Attorney General of (Name of State)/(Address). The salutation of the letter should read: Dear Attorney General (last name).
(1) He gives advice to the Government of India upon such legal matters, which are referred or assigned to him by the president. (2) He performs such other duties of a legal character that are referred or assigned to him by the president.
The attorney general ensures the state's laws are followed and defends challenges to state law in court. The elected official oversees the California Department of Justice, which has over 4,500 employees and is one of the largest agencies in the state.
In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.
Why does the Texas commissioner of agriculture face an inherent conflict of interest? The Texas Department of Agriculture serves both producers and consumers of agricultural products. Which of the governor's staff members have the most direct influence in the development of public policy?
The only constitutional executive branch official appointed by the governor and administers elections and maintains important state records. What are the two major responsibilities of the Texas Secretary of state? Overseeing voter registration and keeping records of all debt and Uniform Commercial Code filings.
Why is revenue from state lands so important? Texas collects no income tax and uses a portion of oil and gas royalties to fund public education.
The law profession is the most frequently represented in the U.S. legislature.
If an opinion request is unclear or is not accompanied by a legal brief, the opinion might be delayed or not rendered, consistent with the requirements of section 402.042 (c) (2) of the Texas Government Code.
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.
Generally, we request that briefs be submitted within 30 days of the date our office acknowledged the request. However, in some circumstances we expedite the briefing schedule. You may contact the Opinion Committee at the e-mail address above to confirm the briefing deadline for a specific request. Briefs may be submitted through the e-mail address listed above.
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, and it may be submitted in letter form.
Please note that briefs and any attachments submitted to this office may be subject to public disclosure under the Public Information Act.
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:
The draft opinion is reviewed by the attorney general and signed by the attorney general before it is issued.
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 ...
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.
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.
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.
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.
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.
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.
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 .
If an opinion request is unclear or is not accompanied by a legal brief, the opinion might be delayed or not rendered, consistent with the requirements of section 402.042 (c) (2) of the Texas Government Code.
By electronic mail to an address designated by the attorney general for the purpose of receiving requests for opinions; or
Generally, we request that briefs be submitted within 30 days of the date our office acknowledged the request. However, in some circumstances we expedite the briefing schedule. You may contact the Opinion Committee at the e-mail address above to confirm the briefing deadline for a specific request. Briefs may be submitted through the e-mail address listed above.
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, and it may be submitted in letter form.
Please note that briefs and any attachments submitted to this office may be subject to public disclosure under the Public Information Act.
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.
Only those requestors authorized by law may seek the Attorney General's written advice through a formal opinion.
The Attorney General accepts briefing on pending opinion requests from any governmental entity, organization, or person, including members of the general public. Briefing should be submitted by Email to [email protected] . All briefing and materials submitted are subject to the Public Information Act.
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 .
Letter rulings are limited to the particular information at issue in each particular request and limited to the facts presented. Unless explicitly stated otherwise, letter rulings are not to be cited as precedent. Open records letter rulings are online .
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. a district or county attorney.
Attorney general opinions do not necessarily reflect the attorney general's personal views, nor does the attorney general in any way "rule" on what the law should say. Furthermore, attorney general opinions cannot resolve factual disputes.