Texas Senate Bill SB634

Texas 2019 - 86th Regular

Caption

Relating to the authority to request attorney general advice on questions relating to actions in which the state is interested.

Impact

The modifications proposed by SB634 carry significant implications for state law by formalizing the conditions under which local attorneys can seek guidance from the attorney general. By enhancing access to legal expertise from the state level, the bill aims to improve the efficacy of legal actions that involve state interests and contribute to more coherent legal strategies across Texas jurisdictions. This is particularly relevant for cases that may involve complex legal questions or cross-county jurisdiction issues.

Summary

Senate Bill 634 amends Section 402.043 of the Government Code in Texas, establishing clearer authority for district and county attorneys to solicit advice from the state's attorney general in legal proceedings where the state has an interest. This streamlined process is focused on ensuring that the requesting attorney has conducted due diligence through investigation and submitted a brief, thus allowing for more effective legal representation of the state in various actions before courts.

Contention

While the bill appears to streamline processes beneficially, it may also raise discussions around local autonomy and the relationship between state and local legal authorities. There could be concerns about the dependency on the state attorney general’s office for local legal matters, potentially leading to delays in local courts as attorneys await feedback. Critics might argue that each local jurisdiction should retain a degree of autonomy in seeking legal counsel without needing to defer to a higher authority, indicating that there could be potential pushback from some local attorneys or government entities regarding this centralization of legal advice.