
§ 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.

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Last modified: August 10, 2007