2005 Texas Government Code CHAPTER 402. ATTORNEY GENERAL

GOVERNMENT CODE

CHAPTER 402. ATTORNEY GENERAL

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 2003, 78th Leg., ch. 691, § 1, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, 
§ 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, 
§ 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, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1993, 73rd Leg., ch. 380, § 1, eff. June 2, 1993;  Acts 
1993, 73rd Leg., ch. 761, § 7, eff. Sept. 1, 1993.


	§ 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, on behalf of 
the state, to reasonable attorney's fees and court costs.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 402.007. PAYMENT TO TREASURY.  The attorney general 
shall immediately pay into the state treasury money received for a 
debt or penalty.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 402.008. OFFICE.  The attorney general shall keep the 
attorney general's office in Austin.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE 
OFFICERS.  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.

Added by Acts 1991, 72nd Leg., ch. 545, § 1, eff. Aug. 26, 1991.  
Amended by Acts 1999, 76th Leg., ch. 599, § 1, eff. Sept. 1, 
1999.

SUBCHAPTER B. DUTIES


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE 
COUNSEL.  (a) Except as authorized by other law, a contract for 
legal services between an attorney, other than a full-time employee 
of the agency, and a state agency in the executive department, other 
than an agency established by the Texas Constitution, must be 
approved by the attorney general to be valid.  The attorney general 
shall provide legal services for a state agency for which the 
attorney general determines those legal services are appropriate 
and for which the attorney general denies approval for a contract 
for those services under this subsection.
	(b)  For purposes of this section, the functions of a hearing 
examiner, administrative law judge, or other quasi-judicial 
officer are not considered legal services.
	(c)  This section shall not apply to the Texas Turnpike 
Authority division of the Texas Department of Transportation.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 5.01, eff. Aug. 
22, 1991.  Amended by Acts 1993, 73rd Leg., ch. 753, § 3, eff. 
June 17, 1993;  Acts 2001, 77th Leg., ch. 1420, § 9.003, eff. 
Sept. 1, 2001.


	§ 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 Chapter 56, 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, § 1, eff. Sept. 1, 1997.           


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 402.024. DEFENSE OF DISTRICT ATTORNEY, GRAND JURY 
COMMISSIONER, 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 a Texas Department of Corrections 
facility;
		(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 jury 
commissioner or 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 jury commissioner or grand juror; 
and
		(2)  the person requests the attorney general's 
assistance in the defense.  

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 4, § 2.01(a), eff. Sept. 1, 1989.


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 1423, § 8.1, eff. Sept. 1, 1997.


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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.
	(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.

Added by Acts 1995, 74th Leg., ch. 785, § 2, eff. Sept. 1, 1995.           


	§ 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, § 1, eff. Sept. 1, 1999.           


	§ 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, § 3, eff. Sept. 1, 2001.           

SUBCHAPTER C. OPINIONS


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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.  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, § 1, eff. Sept. 1, 1987.                    


	§ 402.043. QUESTIONS RELATING TO ACTIONS IN WHICH THE 
STATE IS INTERESTED.  The attorney general shall advise a district 
or county attorney of this state, 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 the requesting attorney has 
investigated the question involved and submitted a brief to the 
attorney general.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.