Saturday, July 21, 2007

THis Legal advice opinion is an opinion limited by election /voter /educated Latinas

adjective

Of or concerned with charity: altruistic, benevolent, charitable, philanthropic, philanthropically. See give/take/reciprocity, kind/cruel.

r u SURE?

Without The Education "District" Code, would not have an election code to fight over.

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Legal Authority to Issue Opinions
Section 22 of Article IV of the Texas Constitution gives the Attorney General the authority to issue advisory opinions. That authorization has been more specifically defined in Sections 402.041 through 402.045 of the Government Code, which provide as follows:

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.

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. 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.

Sec. 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.

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.

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.

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