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.