Texas Government Code 402.042 – Questions of Public Interest and Official Duties
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(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.
Terms Used In Texas Government Code 402.042
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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, or electronically to an electronic mail address designated by the attorney general for the purpose of receiving requests for opinions under this section. 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.