reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.001. Assistants

Sec. 402.001.  ASSISTANTS.  (a)  If the attorney general is absent or unable to act, the attorney general's first office assistant shall perform the duties of the attorney general that are prescribed by law.
(b)  The attorney general shall, at the request of an agency, designate one or more assistants to attend the meetings of the agency if the attorney general served as an ex officio member of the governing board of the agency on August 23, 1963.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.002. Register

Sec. 402.002.  REGISTER.  (a)  The attorney general shall keep in a proper book a register of:
(1)  the official acts and opinions of the attorney general;  and
(2)  actions, demands, and related proceedings involving state revenue prosecuted or defended by the attorney general or a district or county attorney.
(b)  The attorney general shall deliver the register to the successor to that office.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.003. Report

Sec. 402.003.  REPORT.  The attorney general shall report to the governor on the first Monday of December of each even-numbered year.  The report must include the following information for the preceding two years:
(1)  a summary of the cases in which the state was a party that were acted on by the supreme court and court of criminal appeals;  and
(2)  a summary of civil cases in which the state was a party that were prosecuted or defended by the attorney general in other state or federal courts.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 691, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.004. Admission, Agreement, or Waiver

Sec. 402.004.  ADMISSION, AGREEMENT, OR WAIVER.  An admission, agreement, or waiver made by the attorney general in an action or suit to which the state is a party does not prejudice the rights of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.005. Acceptance of Gifts, Grants, and Forfeited Assets; Creation of Special Account

Sec. 402.005.  ACCEPTANCE OF GIFTS, GRANTS, AND FORFEITED ASSETS;  CREATION OF SPECIAL ACCOUNT.  (a)  The attorney general may not accept or use money offered by an individual, firm, partnership, corporation, or association for investigating or prosecuting a matter.
Text of subsec. (b) as amended by Acts 1993, 73rd Leg., ch. 380, Sec. 1
(b)  The attorney general may accept gifts and grants on behalf of the state for purposes related to duties performed by the attorney general or to public educational opportunities, unless the acceptance is prohibited under Subsection (a) or other law.  Money received under this subsection shall be deposited in the state treasury to the credit of an account established in the general revenue fund for the receipt of those funds.
Text of subsec. (b) as amended by Acts 1993, 73rd Leg., ch. 761, Sec. 7
(b)  The attorney general law enforcement account is created as a dedicated account in the general revenue fund in the state treasury.  The account shall consist of law enforcement-related gifts and grants, and forfeited assets, and shall be administered by the attorney general.
(c)  The attorney general may accept gifts and grants on behalf of the state for purposes related to law enforcement duties performed by the attorney general, unless the acceptance is prohibited under Subsection (a) or other law.  Money received under this subsection shall be deposited in the law enforcement account established pursuant to Subsection (b) and may be appropriated only for the purpose for which the money was given.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 380, Sec. 1, eff. June 2, 1993;  Acts 1993, 73rd Leg., ch. 761, Sec. 7, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.006. Fees

Sec. 402.006.  FEES.  (a)  For an affirmance of judgment in a case to which the state is a party and that involves liability to the state, the attorney general is entitled to a fee in an amount equal to 10 percent of the amount collected up to $1,000 and five percent of the amount collected in excess of $1,000.  This fee shall be paid from the amount collected when it is collected.
(b)  For a case involving a forfeiture of a charter heard on appeal before the supreme court or court of appeals, the attorney general is entitled to a fee of $500.
(c)  In a case in which the state is entitled to recover a penalty or damages the attorney general is entitled, in addition to any other remedy available by law and on behalf of the state, to reasonable attorney's fees and court costs.
(d)  Expired.
(e)  The attorney general may charge a reasonable fee for the electronic filing of a document.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 552 (H.B. 2866), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 21.01, eff. September 28, 2011.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 13.02, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.007. Payment to Treasury; Allocation of Certain Money Received by Attorney General

Sec. 402.007.  PAYMENT TO TREASURY; ALLOCATION OF CERTAIN MONEY RECEIVED BY ATTORNEY GENERAL.  (a)  The attorney general shall immediately pay into the state treasury money received for a debt, a penalty, or restitution.
(b)  Subject to Subsection (d), the comptroller shall credit to the judicial fund for programs approved by the supreme court that provide basic civil legal services to the indigent the net amount of:
(1)  a civil penalty or payment, excluding attorney's fees or costs, that is recovered in an action by the attorney general in any matter actionable under the Business & Commerce Code, after deducting amounts allocated to or retained by the attorney general as authorized by law, unless:
(A)  another law requires that the funds be credited to a different fund or account; or
(B)  the judgment awarding the funds requires that the funds be paid to another identifiable recipient; and
(2)  civil restitution recovered by the attorney general in an action brought by the attorney general if, on the hearing of an ex parte motion filed by the attorney general after the entry of a judgment awarding civil restitution, the court:
(A)  determines that, based on the facts and circumstances of the case:
(i)  it is impossible or impracticable to identify injured parties;
(ii)  it is impossible or impracticable to determine the degree to which each claimant was injured and entitled to recover;
(iii)  the cost of administering a claim procedure will disproportionately reduce the amount of restitution available for the payment of individual claims; or
(iv)  the claims of all identifiable persons eligible to receive restitution have been paid without exhausting the funds available for restitution; and
(B)  enters a judgment or order that the restitution be credited to the judicial fund for programs approved by the supreme court that provide basic civil legal services to the indigent.
(c)  If a court enters a judgment or order that restitution be credited to the judicial fund, the attorney general shall notify the Legislative Budget Board and shall distribute that restitution in accordance with the court judgment or order.
(d)  The total amount credited to the judicial fund for programs approved by the supreme court that provide basic civil legal services to the indigent under Subsection (b) may not exceed $50 million per state fiscal year.
(e)  The provisions of this section do not limit the common law authority or other statutory authority of the attorney general to seek and obtain cy pres distribution from a court.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 853 (S.B. 2279), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 208 (H.B. 1445), Sec. 2, eff. May 28, 2013.
Acts 2015, 84th Leg., R.S., Ch. 520 (H.B. 1079), Sec. 1, eff. June 16, 2015.
Acts 2019, 86th Leg., R.S., Ch. 191 (H.B. 2235), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.008. Office

Sec. 402.008.  OFFICE.  The attorney general shall keep the attorney general's office in Austin.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.009. Authority to Employ and Commission Peace Officers

Sec. 402.009.  AUTHORITY TO EMPLOY AND COMMISSION PEACE OFFICERS.  (a) The attorney general may employ and commission peace officers as investigators for the limited purpose of assisting the attorney general in carrying out the duties of that office relating to prosecution assistance and crime prevention.
(b)  The attorney general shall ensure that a commissioned peace officer employed as authorized under Subsection (a) is compensated according to Schedule C of the position classification salary schedule prescribed by the General Appropriations Act.
Added by Acts 1991, 72nd Leg., ch. 545, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 599, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1055 (H.B. 2037), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter A. General Provisions › Section 402.010. Legal Challenges to Constitutionality of State Statutes

Sec. 402.010.  LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES.  (a)  In an action in which a party to the litigation files a petition, motion, or other pleading challenging the constitutionality of a statute of this state, the party shall file the form required by Subsection (a-1).  The court shall, if the attorney general is not a party to or counsel involved in the litigation, serve notice of the constitutional challenge and a copy of the petition, motion, or other pleading that raises the challenge on the attorney general either by certified or registered mail or electronically to an e-mail address designated by the attorney general for the purposes of this section.
(a-1)  The Office of Court Administration of the Texas Judicial System shall adopt the form that a party challenging the constitutionality of a statute of this state must file with the court in which the action is pending indicating which pleading should be served on the attorney general in accordance with this section.
(b)  A court may not enter a final judgment holding a statute of this state unconstitutional before the 45th day after the date notice required by Subsection (a) is served on the attorney general.
(c)  A party's failure to file as required by Subsection (a) or a court's failure to serve notice as required by Subsection (a) does not deprive the court of jurisdiction or forfeit an otherwise timely filed claim or defense based on the challenge to the constitutionality of a statute of this state.
(d)  This section or the state's intervention in litigation in response to notice under this section does not constitute a waiver of sovereign immunity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 808 (H.B. 2425), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1162 (S.B. 392), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1276 (H.B. 1435), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.021. Representation of State

Sec. 402.021.  REPRESENTATION OF STATE.  The attorney general shall prosecute and defend all actions in which the state is interested before the supreme court and courts of appeals.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.0213. Appearance Through Videoconferencing Technology

Sec. 402.0213.  APPEARANCE THROUGH VIDEOCONFERENCING TECHNOLOGY.  (a)  The office of the attorney general may use videoconferencing technology:
(1)  as a substitute for personal appearances in civil and criminal proceedings, as approved by the court; and
(2)  for any proceeding, conference, or training conducted by an employee of the office of the attorney general whose duties include the implementation of Chapters 56A and 56B and Subchapter B, Chapter 58, Code of Criminal Procedure, and Chapter 57, Family Code.
(b)  In this section, "videoconferencing technology" means technology that provides for a conference of individuals in different locations, connected by electronic means, through audio, video, or both.
(c)  The attorney general shall obtain the approval of the appropriate authority overseeing a proceeding under Subsection (a)(2) before using videoconferencing technology under this section.
Added by Acts 1997, 75th Leg., ch. 509, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.42, eff. January 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.023. Corporate Charters

Sec. 402.023.  CORPORATE CHARTERS.  (a)  Unless provided otherwise by law, the attorney general shall seek a judicial forfeiture of a private corporation's charter if sufficient cause exists.  If satisfactory evidence is presented to the attorney general that a corporation receiving state aid has forfeited its charter or rights under its charter, the attorney general shall immediately seek a judicial forfeiture of the charter.
(b)  The attorney general shall inquire into the charter rights of each private corporation and act in the name of the state as proper and necessary to prevent the corporation from exercising a power or demanding or collecting a tax, toll, freight, or wharfage not authorized by law.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.0231. Corporate Integrity Unit

Sec. 402.0231.  CORPORATE INTEGRITY UNIT.  (a)  In this section, " corporate fraud" means a violation of state or federal law or rules relating to fraud committed by a corporation, limited liability company, or registered limited liability partnership or an officer, director, or partner of those entities while acting in a representative capacity.
(b)  A corporate integrity unit is created within the office of the attorney general to assist in the enforcement of the laws relating to corporate fraud or other similar illegal activities.  The unit shall:
(1)  assist district attorneys and county attorneys in the investigation and prosecution of corporate fraud or other similar illegal activities allegedly committed by corporations, limited liability companies, and registered limited liability partnerships;
(2)  assist state agencies with investigation of complaints and administrative enforcement actions for corporate fraud violations, including the assessment of an administrative penalty or other administrative sanction;  and
(3)  serve as a clearinghouse for information relating to the investigation and prosecution of corporate fraud and other similar illegal activities in this state.
(c)  To the extent allowed by law, a state agency or local law enforcement agency shall cooperate with the corporate integrity unit by providing information requested by the unit as necessary to carry out the purposes of this section.  Information disclosed under this subsection is confidential and not subject to disclosure under Chapter 552.
Added by Acts 2003, 78th Leg., ch. 932, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.024. Defense of District Attorney or Grand Juror

Sec. 402.024.  DEFENSE OF DISTRICT ATTORNEY OR GRAND JUROR.  (a)  The attorney general shall defend a state district attorney in an action in a federal court if:
(1)  the district attorney is a defendant because of the district attorney's office;
(2)  the cause of action accrued while the person filing the action was confined in the Texas Department of Criminal Justice;
(3)  the district attorney requests the attorney general's assistance in the defense; and
(4)  there is no action pending against the district attorney in which the attorney general is required to represent the state.
(b)  The attorney general shall defend a state grand juror who is a defendant in an action in any court if:
(1)  the suit involves an act of the person while in the performance of duties as a grand juror; and
(2)  the person requests the attorney general's assistance in the defense.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.01(a), eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.067, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 929 (H.B. 2150), Sec. 19, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 929 (H.B. 2150), Sec. 20, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.0241. Defense of Local Entities in Suits Related to Immigration Detainer Requests

Sec. 402.0241.  DEFENSE OF LOCAL ENTITIES IN SUITS RELATED TO IMMIGRATION DETAINER REQUESTS.  (a)  In this section, "local entity" has the meaning assigned by Section 752.051.
Text of subsection effective until January 01, 2025
(b)  The attorney general shall defend a local entity in any action in any court if:
(1)  the executive head or governing body, as applicable, of the local entity requests the attorney general's assistance in the defense; and
(2)  the attorney general determines that the cause of action arises out of a claim involving the local entity's good-faith compliance with an immigration detainer request required by Article 2.251, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(b)  The attorney general shall defend a local entity in any action in any court if:
(1)  the executive head or governing body, as applicable, of the local entity requests the attorney general's assistance in the defense; and
(2)  the attorney general determines that the cause of action arises out of a claim involving the local entity's good-faith compliance with an immigration detainer request required by Article 2A.060, Code of Criminal Procedure.
(c)  If the attorney general defends a local entity under Subsection (b), the state is liable for the expenses, costs, judgment, or settlement of the claims arising out of the representation.  The attorney general may settle or compromise any and all claims described by Subsection (b)(2).  The state may not be liable for any expenses, costs, judgments, or settlements of any claims against a local entity not being represented by the attorney general under Subsection (b).
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 3.01, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.079, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.025. Property Transactions

Sec. 402.025.  PROPERTY TRANSACTIONS.  (a)  If property is sold under a deed of trust or because of an execution, order, or sale on a judgment in favor of the state, except an execution on a judgment in a case of scire facias, the agent representing the state, with the advice and consent of the attorney general, shall purchase the property if the purchase is considered proper to protect the interest of the state in the collection of the judgment or debt.  The agent's bid may not exceed the amount necessary to satisfy the judgment or debt and related costs.  The officer selling the property shall execute and deliver to the state a deed to the property as if the state were an individual.
(b)  The agent, with the advice and consent of the attorney general, may dispose of the property in the manner it was acquired, on the terms and conditions that the agent considers most advantageous to the state.  Money received for the property in excess of the amount necessary to satisfy the judgment or debt and related costs shall be deposited in the state treasury to the credit of the general revenue fund.  The attorney general, in the name of the state, shall deliver to the purchaser a deed to the property vesting right and title to the property in the purchaser.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.026. Inspection of Accounts

Sec. 402.026.  INSPECTION OF ACCOUNTS.  At least monthly the attorney general shall inspect the accounts of the offices of the comptroller and each other person responsible for collection or custody of state funds.  The attorney general shall immediately bring or cause to be brought an action to recover state funds in the hands of a person in default or arrears and shall immediately begin criminal proceedings against a person who has illegally applied or retained state funds.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.027. Forms

Sec. 402.027.  FORMS.  On request of the comptroller, the attorney general shall prepare proper forms for contracts, obligations, and other instruments needed for state use.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.028. Assistance to Prosecuting Attorneys

Sec. 402.028.  ASSISTANCE TO PROSECUTING ATTORNEYS.  (a)  At the request of a district attorney, criminal district attorney, or county attorney, the attorney general may provide assistance in the prosecution of all manner of criminal cases, including participation by an assistant attorney general as an assistant prosecutor when so appointed by the district attorney, criminal district attorney, or county attorney.
(b)  A district attorney, criminal district attorney, or county attorney may appoint and deputize an assistant attorney general as assistant prosecutor to provide assistance in the prosecution of criminal cases, including the performance of any duty imposed by law on the district attorney, criminal district attorney, or county attorney.
Text of subsection effective until January 01, 2025
(c)  Nothing in this section shall prohibit an assistant attorney general from appointment as attorney pro tem under the provisions of Article 2.07, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(c)  Nothing in this section shall prohibit an assistant attorney general from appointment as attorney pro tem under the provisions of Article 2A.104, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 785, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.080, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.0281. Internet Service Provider Database

Sec. 402.0281.  INTERNET SERVICE PROVIDER DATABASE.  (a)  The attorney general shall establish a computerized database containing contact information for all Internet service providers providing service in this state.  The contact information must include:
(1)  the name and physical address of the person authorized to accept service of process for the Internet service provider; and
(2)  the physical address of the Internet service provider's principal place of business in this state.
(b)  At the request of a district attorney, criminal district attorney, county attorney, law enforcement agency of this state, or local law enforcement agency, the attorney general shall allow the requestor access to the database to expedite the information-gathering process of a criminal investigation conducted by the requestor concerning an offense under Section 33.021, Penal Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.029. Notice of Attorney of Record

Sec. 402.029.  NOTICE OF ATTORNEY OF RECORD.  (a)  This section applies to each child support case in which the attorney general provides services.
(b)  The attorney general shall provide each party or the party's attorney of record with written notice of the name, address, telephone number, and facsimile number of the assistant attorney general who is the attorney of record in the case.
(c)  Not later than the seventh day after the date of a change, the attorney general shall provide each party or the party's attorney of record with written notice of a change in the name, address, telephone number, or facsimile number of the assistant attorney general who is the attorney of record in the case.
Added by Acts 1999, 76th Leg., ch. 722, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.030. Participation by Fathers

Sec. 402.030.  PARTICIPATION BY FATHERS.  (a)  The attorney general shall periodically examine office policies and procedures to determine if the policies and procedures deter or encourage participation of fathers in functions performed by the attorney general relating to children.
(b)  Based on the examination required under Subsection (a), the attorney general shall modify policies and procedures as necessary to permit full participation of fathers in functions performed by the attorney general relating to children in all appropriate circumstances.
Added by Acts 2001, 77th Leg., ch. 256, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.033. Reporting Fraudulent Activities

Sec. 402.033.  REPORTING FRAUDULENT ACTIVITIES.  (a)  In this section:
(1)  "Authorized governmental agency" means:
(A)  the attorney general;
(B)  a local or state law enforcement agency of this state or a federal law enforcement agency;
(C)  a prosecuting attorney of the United States or of a county or judicial district of this state; or
(D)  the Department of Public Safety, the Texas Department of Insurance, the Office of Consumer Credit Commissioner, the Texas Department of Banking, the credit union department, the Department of Savings and Mortgage Lending, the Texas Real Estate Commission, the Texas Appraiser Licensing and Certification Board, or the Texas Department of Housing and Community Affairs.
(2)  "Fraudulent activity" means any act that constitutes a violation of a penal law and is part of an attempt or scheme to defraud any person.
(b)  If a person determines or reasonably suspects that fraudulent activity has been committed or is about to be committed, the person shall report the information to an authorized governmental agency.  If a person reports the information to the attorney general, the attorney general shall notify an appropriate law enforcement agency with jurisdiction to investigate the fraudulent activity.  If a financial institution or person voluntarily or pursuant to this section reports fraudulent activity to an authorized governmental agency, the financial institution or person may not notify any person involved in the fraudulent activity that the fraudulent activity has been reported, and the authorized governmental agency who has any knowledge that such report was made shall not disclose to any person involved in the fraudulent activity that the fraudulent activity has been reported.  Any financial institution or person that makes a voluntary report of any possible violation of law or regulation to an authorized governmental agency shall not be liable to any person under any law or regulation of the state or the United States for such report.
(c)  This section does not eliminate or diminish any common law or statutory privilege or immunity.
(d)  An authorized governmental agency may share confidential information or information to which access is otherwise restricted by law with one or more other authorized governmental agencies.  Except as provided by this subsection, confidential information that is shared under this subsection remains confidential and legal restrictions on access to the information apply.
Added by Acts 2007, 80th Leg., R.S., Ch. 285 (H.B. 716), Sec. 2, eff. September 1, 2007.
Renumbered from Government Code, Section 402.031 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(20), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 709 (H.B. 2840), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 1(b), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.037. Support Adoption Advisory Committee

Sec. 402.037.  SUPPORT ADOPTION ADVISORY COMMITTEE.  (a)  The attorney general shall appoint a seven-member Support Adoption advisory committee.
(b)  The committee shall:
(1)  meet at least twice a year or as called by the attorney general;
(2)  assist the attorney general in developing rules under Section 402.036(e); and
(3)  review and make recommendations to the attorney general on applications submitted to the attorney general for grants funded with money credited to the Support Adoption account.
(c)  Members of the committee serve without compensation and are not entitled to reimbursement for expenses.  Each member serves a term of four years, with the terms of three or four members expiring on January 31 of each odd-numbered year.
(d)  Chapter 2110, Government Code, does not apply to the committee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 63 (S.B. 257), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 977 (S.B. 2376), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 977 (S.B. 2376), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.038. Transnational and Organized Crime Division

Sec. 402.038.  TRANSNATIONAL AND ORGANIZED CRIME DIVISION.  (a)  The office of the attorney general shall establish a transnational and organized crime division.
(b)  To address matters related to border security and organized crime, the transnational and organized crime division shall:
(1)  establish within the division a prosecution unit to provide critical assistance to local prosecutors;
(2)  using existing funds, establish within the division a trafficking of persons unit to:
(A)  assist local law enforcement agencies and local prosecutors in investigating and prosecuting trafficking of persons and related crimes; and
(B)  work with the appropriate local and state agencies to identify victims of trafficking of persons and to provide the types of assistance available for those victims under Chapters 56A and 56B and Subchapter B, Chapter 58, Code of Criminal Procedure; and
(3)  develop initiatives to provide greater state assistance, support, and coordination among state law enforcement agencies, local law enforcement agencies, and local prosecutors.
(c)  Prosecution assistance provided by the division under this section shall be in accordance with the assistance authorized under Section 402.028.
Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 4, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.43, eff. January 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.039. Domestic Violence High Risk Teams Grant Program

Sec. 402.039.  DOMESTIC VIOLENCE HIGH RISK TEAMS GRANT PROGRAM.  (a) A domestic violence high risk team is a multidisciplinary team that coordinates efforts to increase the safety of victims of family violence, as that term is defined by Section 71.004, Family Code, by monitoring and containing perpetrators while providing victim services.  The team may be composed of law enforcement officers, prosecutors, community supervision and corrections departments, victim advocates, nonprofit organizations that provide services or shelter to victims of family violence, and medical personnel.  The team members work together to share information and communicate to provide the best possible responses to victims at high risk.
(b)  Using money appropriated for the purpose, the attorney general may award grants to domestic violence high risk teams in communities in this state.
(c)  The attorney general shall request proposals for the award of grants under this section.  The attorney general shall evaluate the proposals and award grants based on the need for domestic violence services in the community in which the team is located and the effectiveness or potential effectiveness of the team.
(d)  A grant recipient may use grant money received under this section only to fund the activities of a domestic violence high risk team in reducing or preventing incidents of domestic violence and providing domestic violence services to victims.
(e)  The attorney general shall establish procedures to administer the grant program, including a procedure for the submission of a proposal and a procedure to be used by the attorney general in evaluating a proposal.
(f)  To supplement any appropriations for the grant program, the attorney general shall apply for any available federal grant funds for the prevention of domestic violence.
Added by Acts 2015, 84th Leg., R.S., Ch. 105 (H.B. 3327), Sec. 1, eff. September 1, 2015.
Redesignated from Government Code, Section 402.038 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(11), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter C. Opinions › Section 402.041. Definition

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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter C. Opinions › Section 402.042. Questions of Public Interest and Official Duties

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, 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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 403 (S.B. 246), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter C. Opinions › Section 402.043. Questions Relating to Actions in Which the State Is Interested

Sec. 402.043.  QUESTIONS RELATING TO ACTIONS IN WHICH THE STATE IS INTERESTED.  The attorney general shall advise an attorney, 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:
(1)  the requesting attorney has investigated the question involved and submitted a brief to the attorney general; and
(2)  the requesting attorney is:
(A)  a district or county attorney; or
(B)  a county employee who:
(i)  serves as the head of the civil legal department of a county located on the international border that has a population of less than 400,000 and contains one or more municipalities with a population of 200,000 or more; and
(ii)  has received approval for the submission of the request from the commissioners court of the county.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 69 (S.B. 1339), Sec. 1, eff. May 24, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter C. Opinions › Section 402.044. Questions Relating to Bonds

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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter C. Opinions › Section 402.045. Limitation

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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter A. General Provisions › Section 403.001. Definitions

Sec. 403.001.  DEFINITIONS.  (a)  In any state statute, "comptroller" means the comptroller of public accounts of the State of Texas.
(b)  In this chapter:
(1)  "Account" means a subdivision of a fund.
(2)  "Dedicated revenue" means revenue set aside by law for a particular purpose or entity.
(3)  "Fund" means a fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources.
(4)  "Special fund" means a fund, other than the general revenue fund, that is established by law for a particular purpose or entity.
(5)  "Cash Management Improvement Act" means the federal Cash Management Improvement Act of 1990 (31 U.S.C. Section 6501 et seq.).
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 11.01, eff. Aug. 22, 1991;  Acts 1993, 73rd Leg., ch. 449, Sec. 21, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter A. General Provisions › Section 403.002. Performance of Duty

Sec. 403.002.  PERFORMANCE OF DUTY.  (a)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(9).
(b)  If the comptroller intentionally neglects or refuses to perform a duty of the office of comptroller, the comptroller is liable to the state for a penalty of not less than $100 nor more than $1,000 for each day of the neglect or refusal.
(c)  The attorney general, by suit in the name of the state, shall recover penalties provided by this chapter.  Venue and jurisdiction of the suit are in a court of Travis County.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 9, 31(9), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter A. General Provisions › Section 403.003. Chief Clerk

Sec. 403.003.  CHIEF CLERK.  (a)  The comptroller shall appoint a chief clerk who shall:
(1)  perform the duties of the comptroller when the comptroller is unavoidably absent or is incapable of discharging those duties;
(2)  act as comptroller if the office of comptroller becomes vacant until a comptroller is appointed and qualified;  and
(3)  under the comptroller's direction, supervise the keeping of the books, records, and accounts of the office and perform other duties required by law or the comptroller.
(b)  The chief clerk shall take the official oath.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 73, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.01, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 285, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter A. General Provisions › Section 403.004. Chief of Claims Division

Sec. 403.004.  CHIEF OF CLAIMS DIVISION.  The comptroller shall designate one person as chief of the claims division.  The chief of the claims division shall prepare or have prepared all warrants and is accountable to the comptroller for warrants coming into the person's possession.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 641, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter A. General Provisions › Section 403.006. Inspection of Accounts

Sec. 403.006.  INSPECTION OF ACCOUNTS.  On request of a house or committee of the legislature, the comptroller shall exhibit for the house's or committee's examination any book, paper, voucher, or other matter relating to the office.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter A. General Provisions › Section 403.007. Divisions

Sec. 403.007.  DIVISIONS.  The comptroller may organize and maintain divisions within the comptroller's office as necessary for the efficient and orderly operation of the office.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter A. General Provisions › Section 403.008. Bonds and Employees

Sec. 403.008.  BONDS AND EMPLOYEES.  (a)  The comptroller shall give any special bond required by an Act of Congress or a federal department or official to protect federal funds deposited with the comptroller.  The state shall pay the expenses necessary and incidental to the execution of the bond.
(b)  The comptroller shall appoint other employees that are authorized by law. The comptroller may require an employee to be insured in the manner and sum required by the comptroller.
(c)  The state shall pay any expense incident to the execution of a bond authorized under Chapter 653 and any insurance of the chief clerk and other employees.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 75, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter B. General Powers and Duties › Section 403.0111. Distribution of Federal Tax Information

Sec. 403.0111.  DISTRIBUTION OF FEDERAL TAX INFORMATION.  (a)  In addition to the distribution of state tax and fiscal information, the comptroller's office is authorized to take the lead in promoting awareness of federal earned income tax credits and to encourage other agencies to similarly promote awareness of the federal tax credit for working families and individuals who may qualify.
(b)  State agencies that otherwise distribute information to the public may use existing resources to distribute information to persons likely to qualify for federal earned income tax credits and shall cooperate with the comptroller in information distribution efforts.
Added by Acts 1995, 74th Leg., ch. 418, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter B. General Powers and Duties › Section 403.0115. Reports Published on Internet

Sec. 403.0115.  REPORTS PUBLISHED ON INTERNET.  The comptroller shall promptly publish on the comptroller's Internet site each report that is:
(1)  published by the comptroller;  and
(2)  public information subject to disclosure under the open records law, Chapter 552.
Added by Acts 1999, 76th Leg., ch. 1582, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 403 - Comptroller of Public Accounts › Subchapter B. General Powers and Duties › Section 403.0116. Municipal and County Budgets on Internet

Sec. 403.0116.  MUNICIPAL AND COUNTY BUDGETS ON INTERNET.  The comptroller shall provide on its Internet website a link to the website of each municipality and county that provides budget information for the municipality or county, including budgets posted under Sections 102.008, 111.009, 111.040, and 111.069, Local Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 457 (S.B. 1692), Sec. 2, eff. September 1, 2011.