who can request an attorney general opinion in texas

How do I submit an opinion to the Texas Attorney General?

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] .

Can a person ask the Attorney General for a written opinion?

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.

What are the Attorney General's initials for opinions?

All attorney general opinions are now issued under the attorney general's initials, i.e., Attorney General Ken Paxton's opinions are named as KP-0001, KP-0002, etc. Pending requests are sometimes closed without issuing an opinion.

How does the Attorney General respond to an authorized request?

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.

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.

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 reviews draft opinion?

The draft opinion is reviewed by the attorney general and signed by the attorney general before it is issued.