CHAPTER 402. ATTORNEY GENERAL
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE A. EXECUTIVE OFFICERS
CHAPTER 402. ATTORNEY GENERAL
SUBCHAPTER A. GENERAL PROVISIONS
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.
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.
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.
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.
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.
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, on behalf of
the state, to reasonable attorney's fees and court costs.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 402.007. PAYMENT TO TREASURY; ALLOCATION OF CERTAIN
PENALTIES. (a) The attorney general shall immediately pay into
the state treasury money received for a debt or penalty.
(b) Subject to Subsection (c), 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 a civil penalty that is recovered in an action by the attorney
general in any matter actionable under Subchapter E, Chapter 17,
Business & Commerce Code, after deducting amounts allocated
to or retained by the attorney general as authorized by law,
unless:
(1) another law requires that the penalty be credited to a
different fund or account; or
(2) the judgment awarding the penalty requires that the penalty
be paid to another named recipient.
(c) 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 $10
million per state fiscal biennium.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
853, Sec. 1, eff. June 19, 2009.
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.
Sec. 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, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1999, 76th Leg., ch. 599, Sec. 1, eff.
Sept. 1, 1999.
SUBCHAPTER B. DUTIES
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.
Sec. 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, Sec. 5.01, eff.
Aug. 22, 1991. Amended by Acts 1993, 73rd Leg., ch. 753, Sec. 3,
eff. June 17, 1993; Acts 2001, 77th Leg., ch. 1420, Sec. 9.003,
eff. Sept. 1, 2001.
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 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, Sec. 1, eff. Sept. 1,
1997.
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.
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.
Sec. 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 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 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, 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, Sec. 25.067, eff. September 1, 2009.
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.
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.
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.
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.
(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, Sec. 2, eff. Sept. 1,
1995.
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, Sec. 4, eff. September 1, 2007.
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.
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.
Sec. 402.031. PREPARATION OF LANDOWNER'S BILL OF RIGHTS
STATEMENT. (a) The attorney general shall prepare a written
statement that includes a bill of rights for a property owner
whose real property may be acquired by a governmental or private
entity through the use of the entity's eminent domain authority
under Chapter 21, Property Code.
(b) The landowner's bill of rights must notify each property
owner that the property owner has the right to:
(1) notice of the proposed acquisition of the owner's property;
(2) a bona fide good faith effort to negotiate by the entity
proposing to acquire the property;
(3) an assessment of damages to the owner that will result from
the taking of the property;
(4) a hearing under Chapter 21, Property Code, including a
hearing on the assessment of damages; and
(5) an appeal of a judgment in a condemnation proceeding,
including an appeal of an assessment of damages.
(c) The statement must include:
(1) the title, "Landowner's Bill of Rights"; and
(2) a description of:
(A) the condemnation procedure provided by Chapter 21, Property
Code;
(B) the condemning entity's obligations to the property owner;
and
(C) the property owner's options during a condemnation,
including the property owner's right to object to and appeal an
amount of damages awarded.
(d) The office of the attorney general shall:
(1) write the statement in plain language designed to be easily
understood by the average property owner; and
(2) make the statement available on the attorney general's
Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch.
1201, Sec. 2, eff. February 1, 2008.
Sec. 402.032. RESIDENTIAL MORTGAGE FRAUD TASK FORCE. (a) In
this section, "task force" means the residential mortgage fraud
task force.
(b) The office of the attorney general shall establish the task
force to form a strategic partnership between state, federal, and
local law enforcement agencies to better enable law enforcement
and state agencies to take a proactive stance towards tracking
and prosecuting mortgage fraud and the perpetrators of mortgage
fraud statewide.
(c) The task force consists of the following persons or their
appointees:
(1) the attorney general;
(2) the consumer credit commissioner;
(3) the banking commissioner;
(4) the credit union commissioner;
(5) the commissioner of insurance;
(6) the savings and mortgage lending commissioner;
(7) the presiding officer of the Texas Real Estate Commission;
(8) the presiding officer of the Texas Appraiser Licensing and
Certification Board; and
(9) a representative of the Texas Department of Housing and
Community Affairs.
(d) The task force may request assistance from the Federal
Bureau of Investigation, United States Secret Service, United
States Department of Justice, United States Department of
Homeland Security, Internal Revenue Service, and the United
States Postal Service.
(e) The task force shall focus its efforts in:
(1) sharing information and resources; and
(2) successfully enforcing administrative and criminal actions
against perpetrators of mortgage fraud.
(f) The agencies of the persons listed in Subsection (c) may
share confidential information or information to which access is
otherwise restricted by law with one or more of the other
agencies of the persons listed in Subsection (c) for
investigative purposes described by Subsection (b). 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.
(g) The task force shall submit to the governor, lieutenant
governor, and speaker of the house of representatives an annual
report on the progress of each agency of the persons listed in
Subsection (c) in accomplishing the purposes described by
Subsection (b).
(h) The office of the attorney general shall oversee the
administration of the task force. The attorney general shall
provide the necessary staff and facilities to assist the task
force in performing its duties.
(i) The attorney general may solicit and accept gifts, grants,
and donations of money, services, or property on behalf of the
state for disbursement to any state agency or local law
enforcement agency to aid the task force in the investigation and
prosecution of mortgage fraud in this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
285, Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
709, Sec. 2, eff. September 1, 2009.
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 each agency with representation on the residential
mortgage fraud task force under Section 402.032. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
285, Sec. 2, eff. September 1, 2007.
Renumbered from Government Code, Section 402.031 by Acts 2009,
81st Leg., R.S., Ch.
87, Sec. 27.001(20), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
709, Sec. 1, eff. September 1, 2009.
Sec. 402.034. PUBLIC AWARENESS CAMPAIGN CONCERNING CERTAIN
PRESCRIPTION DRUG SOLICITATIONS. (a) The office of the attorney
general shall develop a public awareness campaign to educate
consumers concerning solicitations for the sale of prescription
drugs that are made using electronic mail or the Internet.
(b) The public awareness campaign must emphasize the existence
of reputable pharmacies and pharmacists that provide services
through the Internet and must provide information to assist a
consumer in distinguishing a reputable pharmacy or pharmacist
from a seller that may be unlicensed or fraudulent.
(c) In developing the public awareness campaign, the office of
the attorney general shall consult with the Texas State Board of
Pharmacy, trade associations representing the interests of
pharmacies and pharmacists in this state, and advocates for
consumer protection.
(d) In conducting the public awareness campaign, the office of
the attorney general may distribute information using:
(1) brochures;
(2) advertisements, articles, or editorials in newspapers or
other publications;
(3) radio or television public service announcements;
(4) the Internet; or
(5) other appropriate means.
(e) The attorney general may, in accordance with Section
402.005, accept gifts, grants, and donations to support the
public awareness campaign.
Added by Acts 2007, 80th Leg., R.S., Ch.
81, Sec. 1, eff. May 14, 2007.
Renumbered from Government Code, Section 402.031 by Acts 2009,
81st Leg., R.S., Ch.
87, Sec. 27.001(21), eff. September 1, 2009.
For expiration of this section, see Subsection (h).
Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE. (a) In
this section, "task force" means the human trafficking prevention
task force.
(b) The office of the attorney general shall establish the human
trafficking prevention task force to develop policies and
procedures to assist in the prevention and prosecution of human
trafficking crimes.
(c) The task force is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's designee;
(3) the executive commissioner of the Health and Human Services
Commission or the executive commissioner's designee;
(4) the commissioner of the Department of Family and Protective
Services or the commissioner's designee;
(5) the public safety director of the Department of Public
Safety or the director's designee;
(6) one representative from each of the following state
agencies, appointed by the chief administrative officer of the
respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Department of Criminal Justice;
(C) the Texas Youth Commission;
(D) the Texas Juvenile Probation Commission; and
(E) the Texas Alcoholic Beverage Commission; and
(7) as appointed by the attorney general:
(A) a public defender, as defined by Article 26.044, Code of
Criminal Procedure;
(B) an attorney representing the state;
(C) a representative of:
(i) a hotel and motel association;
(ii) a district and county attorneys association; and
(iii) a state police association;
(D) representatives of sheriff's departments;
(E) representatives of local law enforcement agencies affected
by human trafficking; and
(F) representatives of nongovernmental entities making
comprehensive efforts to combat human trafficking by:
(i) identifying human trafficking victims;
(ii) providing legal or other services to human trafficking
victims;
(iii) participating in community outreach or public awareness
efforts regarding human trafficking;
(iv) providing or developing training regarding the prevention
of human trafficking; or
(v) engaging in other activities designed to prevent human
trafficking.
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of the task
force, with:
(A) United States attorneys for the districts of Texas; and
(B) special agents or customs and border protection officers and
border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement Administration;
(iii) the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(iv) the United States Immigration and Customs Enforcement
Agency; or
(v) the United States Department of Homeland Security;
(2) collect, organize, and periodically publish statistical data
on the nature and extent of human trafficking in this state;
(3) solicit cooperation and assistance from state and local
governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data
under Subdivision (2);
(4) ensure that each state or local governmental agency and
political subdivision of the state that assists in the prevention
of human trafficking collects statistical data related to human
trafficking, including, as appropriate:
(A) the number of investigations concerning, arrests and
prosecutions for, and convictions of:
(i) the offense of trafficking of persons; and
(ii) the offense of forgery or an offense under Chapter 43,
Penal Code, if committed as part of a criminal episode involving
the trafficking of persons;
(B) demographic information on persons who are convicted of
offenses described by Paragraph (A) and persons who are the
victims of those offenses;
(C) geographic routes by which human trafficking victims are
trafficked and geographic patterns in human trafficking,
including the country or state of origin and the country or state
of destination;
(D) means of transportation and methods used by persons who
engage in trafficking to transport their victims; and
(E) social and economic factors that create a demand for the
labor or services that victims of human trafficking are forced to
provide;
(5) work with the Commission on Law Enforcement Officer
Standards and Education to develop and conduct training for law
enforcement personnel, victim service providers, and medical
service providers to identify victims of human trafficking;
(6) on the request of a judge of a county court, county court at
law, or district court or a county attorney, district attorney,
or criminal district attorney, assist and train the judge or the
judge's staff or the attorney or the attorney's staff in the
recognition and prevention of human trafficking;
(7) examine training protocols related to human trafficking
issues, as developed and implemented by federal, state, and local
law enforcement agencies;
(8) collaborate with state and local governmental agencies,
political subdivisions of the state, and nongovernmental
organizations to implement a media awareness campaign in
communities affected by human trafficking; and
(9) develop recommendations on how to strengthen state and local
efforts to prevent human trafficking, protect and assist human
trafficking victims, and prosecute human trafficking offenders.
(e) The presiding officer of the task force is the attorney
general or the attorney general's designee.
(f) The office of the attorney general shall supervise the
administration of the task force. The attorney general shall
provide the necessary staff and facilities to assist the task
force in performing its duties.
(g) Not later than December 1 of each even-numbered year, the
task force shall submit a report regarding the task force's
activities, findings, and recommendations, including any proposed
legislation, to the governor, the lieutenant governor, and the
legislature.
(h) This section expires September 1, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch.
1002, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. OPINIONS
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.
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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
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.
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.