TexasCHLforum.com

Nazrat

FYI from the same link:

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.

Nazrat

An AG opinion would render the practice meaningless until a test case is found, prosecuted and appealed.

The hope would be that the local LEO's would have an in house counsel who would say that the AG opinion is correct and that an attempt to enforce an opinion on which the AG opinion has already stated is incorrect would open up the department to potential liability.

These are clearly persuasive opinions. However, they are widely respected as the current status of the law. Typically, an AG opinion results in legislation to change the interpretation and not court case.

This is the list of overturned opinions: http://www.oag.state.tx.us/opinopen/opinions_wd.shtml

I count 21 overturned by a court case since 1939. The overwhelming majority are changed via statute.

This is merely another tactic that I believe would be more successful than emailing the General. I do not know of another mechanism whereby the AG can effectively control the actions of the entire state.

Nazrat

Frankie,

I am on shaky ground right now by posting anything on this issue due to my employment and the fact that I went to law school with someone in that section.

Here is a cut and paste section from the link:

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.

http://www.oag.state.tx.us/opinopen/opinhome.shtml

Nazrat

Yes, the AG's opinions have meaning. Did you see what happened with SSN's being released to the public after the AG issued an opinion? Most county and district clerk's offices were closed for business for a couple of days until the opinion was withdrawn.

Nazrat

If you want to really clarify that law, have a qualified official ask the AG for an opinion on the issue.

http://www.oag.state.tx.us/opinopen/opinhome.shtml

While there may be 700 attorneys in the AG's office, more than 400 of them are in the child support division.

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