Texas Attorney General Opinions
About Attorney General Opinions
An attorney general opinion is a written interpretation of existing law. The Texas Constitution and section 402.042 of the Texas Government Code grant the attorney general authority to issue attorney general opinions.
An attorney general opinion issued under section 402.042 of the Texas Government Code is different from the legal advice, opinions and decisions that the attorney general provides under other Texas statutes. For example, an attorney general opinion issued under section 402.042 of the Texas Government Code is not an Open Records Decision issued under chapter 552 of the Texas Government Code or an All Bond Counsel Letter issued under section 402.044 of the Texas Government Code.
Attorney general opinions are written only at the request of certain officials, called authorized requestors. Section 402.042 of the Texas Government Code lists the authorized requestors of an attorney general opinion. The attorney general may not write legal opinions for private individuals or for any officials other than those specified by statute.
Attorney general opinions do not address matters of fact. They 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.
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. For this reason, the attorney general generally does not write attorney general opinions on issues that are in pending litigation.
You can learn more about the Texas Attorney General's Office and its activities at http://www.oag.state.tx.us/.
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Greg Abbott - 2002-2015
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At a Glance
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20,305
Items
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2
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9
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215
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437,590
Usage
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11 years, 5 months ago
Collection Created
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5 years, 7 months ago
Last Updated
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Cite This Collection
Here is our suggested citation. Consult an appropriate style guide for conformance to specific guidelines.
Texas Attorney General Opinions in The Portal to Texas History. University of North Texas Libraries. https://texashistory.unt.edu/explore/collections/TXAGO/ accessed April 27, 2024.
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