Legal Authority to Issue Opinions

Section 22 of Article IV of the Texas Constitution gives the Attorney General the authority to issue advisory opinions. That authorization has been more specifically defined in Sections 402.041 through 402.045 of the Government Code, which provide as follows:

Sec. 402.041. Definition

In this subchapter "opinion" means advice or a judgment or decision and the legal reasons and principles on which it is based.

Sec. 402.042. Questions of Public Interest and Official Duties

• (a) On request of a person listed in Subsection (b), the attorney general shall issue a written opinion on a question affecting the public interest or concerning the official duties of the requesting person.
• (b) An opinion may be requested by:
  (1) the governor;
  • (2) the head of a department of state government;
  • (3) a head or board of a penal institution;
  • (4) a head or board of an eleemosynary institution;
  • (5) the head of a state board;
  • (6) a regent or trustee of a state educational institution;
  • (7) a committee of a house of the legislature;
  • (8) a county auditor authorized by law; or
  • (9) the chairman of the governing board of a river authority.
• (c) A request for an opinion must be in writing and sent by certified or registered mail, with return receipt requested, addressed to the office of the attorney general in Austin. The attorney general shall:
  • (1) acknowledge receipt of the request not later than the 15th day after the date that it is received; and
  • (2) issue the opinion not later than the 180th day after the date that it is received, unless before that deadline the attorney general notifies the requesting person in writing that the opinion will be delayed or not rendered and states the reasons for the delay or refusal.
• (d) The attorney general and the requesting person by written agreement may waive the provisions of Subsections (a) and (c) if the waiver does not substantially prejudice any person's legal rights.

Sec. 402.043. Questions Relating to Actions in Which the State is Interested

The attorney general shall advise a district or county attorney of this state, on the attorney's request, in the prosecution or defense of an action in which the state is interested before a district or inferior court if the requesting attorney has investigated the question involved and submitted a brief to the attorney general.

Sec. 402.044. Questions Relating to Bonds

The attorney general shall advise the proper legal authorities in regard to the issuance of bonds that by law require the attorney general's approval.

Sec. 402.045. Limitation

The attorney general may not give legal advice or a written opinion to a person other than a person named in this subchapter.

Opinions to County and Precinct Officials

A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written advice relating to the official duties of that official. Tex. Gov't Code Ann. § 41.007 (Vernon 1988).

Effect of Opinions

The appellate courts of Texas have consistently held that attorney general opinions, although not binding on the courts, are entitled to "great weight." An opinion of the attorney general should be deemed to state the law correctly, unless or until the opinion is modified or overruled by statute, judicial decision, or subsequent attorney general opinion.

The "LO" designation does not mean that a document is any less authoritative than one denominated by the particular attorney general's initials.

We have no authority to answer fact questions; we may render opinions only on legal questions.