who can request an state if texas attorney general opion

by Valentine Donnelly 4 min read

The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors include: the governor. the head of a department of state government.

How do I get an attorney general opinion in Texas?

An authorized requestor may submit a request to one of the following addresses: Email: [email protected] Certified or registered mail: Office of the Attorney General Attention Opinion Committee P.O. Box 12548 Austin, Texas 78711-2548; Requestors should include a supporting brief with a request.

Does the Texas attorney general issue interpretations of state law?

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.

Who has the authority to issue an attorney general opinion?

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 Opinions can later be overruled, modified, affirmed, and withdrawn.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

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

During the 86th Legislative Session, section 552.234 of the Government Code was amended. Thus, effective September 1, 2019, the following methods are the only means of submitting a written request for records of the Office of the Attorney General: • By mail specifically addressed to Office of the Attorney General Public Information Coordinator’s Office – Mail Code 070 P.O. …

How do you ask for a legal opinion?

The California Supreme Court and Court of Appeal are state agencies authorized to request opinions. Requests should come from the chief justice or a presiding justice of the court or, as is usually the case, be submitted by the Administrative Office of the Courts.

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.

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 Texas Attorney General regulate?

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, ...

What are the examples of opinion?

The definition of an opinion is a belief, impression, judgment or prevailing view held by a person. An example of opinion is the San Francisco Giants are the best baseball team. An example of opinion is purple is the best color. An example of opinion is capitalism is better than socialism.

What is a statement of opinion?

An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.

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.

Why did the Texas Senate impose a five ninths rule?

The purpose of the rule is consensus building. The chamber will not stand for a bill that does not have the support of more than its majority. This is meant to slow down the lawmaking process and achieve focused debate and compromise.Jan 31, 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.

Can the state Attorney General prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

Who is the assistant attorney general of Texas?

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

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.

How do I Request an Attorney General Opinion?

No specific formatting requirements exist to submit a request, but it should include any relevant background information and known legal authorities significant to the subject matter.

Who Can Submit a Brief?

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.

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 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 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…
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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.
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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…
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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…
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