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.