who can request an attorney general opinion texas

Who can request formal Attorney General opinions?

The Government Code lists the officials authorized to request formal attorney general opinions. The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor.

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.

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

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

What are the limitations of an attorney general opinion?

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 the law should say.

Are Texas AG opinions binding?

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.

How do I write a letter to the Attorney General of Texas?

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.

What is the role of attorney general for the State of Texas?

Protecting Texans from fraud, waste and abuse by enforcing consumer protection and antitrust laws, educating consumers on fraudulent scams, and seeking recovery from Medicaid fraudsters in civil action.

Why would I get a letter from the Office of the Attorney General?

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.

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 do you address the attorney general in a letter?

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).

What are the powers of Attorney General?

(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.

What is the main function of the Attorney General?

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.

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 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.

Can you sue a prosecutor?

Can the prosecutor be sued in civil court? A person may be able to sue a prosecutor in civil court for malicious prosecution if: the prosecutor filed a frivolous charge, and. the accused suffered some type of damages.

Why do prosecutors send target letters?

Prosecutors use target letters mainly to encourage unrepresented targets to retain counsel and begin plea or cooperation discussions. For the most part, prosecutors do not expect targets to testify even if subpoenaed.

How do I write a letter to my attorney?

A letter to an attorney should be written in a formal letter format with the attorney's name, law firm and address at the top near the date, addressed using a salutation and signed off with a closing such as "Very Truly Yours" or "Sincerely."

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 do I contact Child Support in Texas?

Contact the Child Support Division at 1-800-252-8014.

Who is running for Texas AG?

ResultsPartyCandidate%RepublicanKen Paxton (incumbent)42.71%RepublicanGeorge P. Bush22.78%RepublicanEva Guzman17.53%RepublicanLouie Gohmert16.98%1 more row

What happens if an opinion request is unclear?

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.

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.

How long does it take to get an opinion brief?

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.

What should be included in a brief for a request?

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.

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 happens if an opinion request is unclear?

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.

What is the purpose of an attorney general's electronic mail?

By electronic mail to an address designated by the attorney general for the purpose of receiving requests for opinions; or

How long does it take to get an opinion brief?

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.

What should be included in a brief for a request?

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.

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:

Who reviews draft opinion?

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

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 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.