Attorney General Opinions
What is an Attorney General Opinion?
Who can request an Attorney General Opinion?
About the Opinions process, and who may participate in it
Opinions on this Web site
What is an Attorney General Opinion?
An Attorney General Opinion is a written interpretation of existing law. The Attorney General writes opinions as part of his responsibility to act as legal counsel for the State of Texas. Opinions are written only at the request of certain state officials, called "authorized requestors." The Texas Government Code indicates to whom the Attorney General may provide a legal opinion. He may not write legal opinions for private individuals or for any officials other than those specified by statute.
Attorney General Opinions clarify the meaning of existing laws. They do not address matters of fact, and they are neither legislative nor judicial in nature. That is to say, they cannot create new provisions in the law or correct unintended, undesirable effects of the law. Opinions interpret legal issues that are ambiguous, obscure, or otherwise unclear. Attorney General Opinions do not reflect the AG's opinion in the ordinary sense of expressing his personal views. Nor does he in any way "rule" on what the law should say.
Unless or until an opinion is modified or overruled by statute, judicial decision, or subsequent Attorney General Opinion, an Attorney General Opinion is presumed to correctly state the law. Accordingly, although an Attorney General Opinion is advisory, it carries the weight and force of law unless or until it is modified or overruled. Ultimate determination of a law's applicability, meaning or constitutionality is left to the courts. For this reason, the Attorney General generally does not write opinions on issues that are in pending litigation.
Who Can Request an Attorney General Opinion?
Sections 402.042 and 402.043 of the Government Code set out the state and local 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 include:
- 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
- the head of a state board
- 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
The Attorney General shall also advise a district or county attorney in certain instances in which the State is interested and certain requirements are met. In addition, the Attorney General shall advise the proper authorities in regard to the issuance of bonds that by law require the Attorney General's approval.
A person other than an authorized requestor who wants to ask for an opinion should approach someone who is named in statute as an authorized requestor. In addition, a county or precinct official can request a written opinion or written legal advice from the district or county attorney, regarding the official's duties under the law.
About the Opinions Process and Who May Participate
Once requested to write an opinion, the Attorney General must interpret existing law in accordance with all applicable statutes and the Constitutions of the United States and the State of Texas. This 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. The Committee welcomes additional briefs and any written commentary from the public, but the attorneys involved in the process do not engage in dialogue or explanation with interested parties or with the public. The draft opinion is reviewed by the Attorney General and the First Assistant Attorney General and signed by the Attorney General before it is issued. The written opinion when issued 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 and briefs received. Persons who wish to be mailed or faxed a hard copy of a particular opinion as soon as it is issued can request that they be placed on a list for that purpose. This Web site also offers a self-service, automated e-mail opinion notification service. Subscribers' personal information resides on a secure server, and is protected by a password of their choosing. Subscribers have the option of signing up for a number of different e-mail notifications and can subscribe or unsubscribe as they wish. The Office of the Attorney General does not release any subscriber's e-mail address.
Opinions on this Web site
All Attorney General Opinions are posted on this Web site, usually within 24 hours, in html, PDF and text formats. You may search for them specifically by clicking on the "in Opinions Search" check box on our Search page. Opinions are available dating back to 1939. To view opinions by number, go to the Index to Opinions. Pending Requests for Opinions are also posted on this Web site.
Revised: May 16 2006
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Opinions
