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Texas Attorneys General

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Texas Attorneys General
Office nameAttorney General of Texas
IncumbentKen Paxton
IncumbentsinceDecember 5, 2014
DepartmentOffice of the Attorney General of Texas
StyleThe Honorable
SeatAustin, Texas
Appointing authorityPopular election
TermlengthFour years
Formation1846
InauguralJames Pinckney Henderson

Texas Attorneys General

The Attorney General of Texas is the chief legal officer of the State of Texas, responsible for representing the State in civil matters and defending statutory and constitutional interests. The office interacts with entities such as the Texas Legislature, Texas Supreme Court, United States Department of Justice, and regional organizations including the Southern States Attorneys General and participates in multistate litigation with counterparts like the Attorney General of California and the Attorney General of New York. Historically and contemporaneously, holders of the office have influenced litigation over statutes such as the Texas Education Code, the Texas Water Code, and federal statutes including the Affordable Care Act.

Office overview

The Office of the Attorney General of Texas is headquartered in Austin, Texas and comprises divisions addressing civil litigation, consumer protection, child support, and criminal appeals; these divisions coordinate with agencies such as the Texas Department of Public Safety, the Texas Health and Human Services Commission, the Texas Parks and Wildlife Department, and the Texas Workforce Commission. The Attorney General issues opinions that guide officials across jurisdictions including county commissioners courts, municipal governments like the City of Houston, and special districts such as the Travis County Water Control and Improvement District. The office routinely files lawsuits against federal agencies such as the Environmental Protection Agency, the Department of Homeland Security, and the Internal Revenue Service, and collaborates with state attorneys general in coalitions with principals like the National Association of Attorneys General.

Historical development

The office dates to the Republic and early statehood eras, with early legal actions involving figures such as Sam Houston and Mirabeau B. Lamar. During Reconstruction, occupants engaged with controversies tied to the Thirteenth Amendment, the Fourteenth Amendment, and Reconstruction-era statutes promulgated under presidents like Ulysses S. Grant. Twentieth-century attorneys general such as Price Daniel and John Ben Shepperd litigated against corporations including Standard Oil and navigated regulatory disputes implicating the Interstate Commerce Commission. In the late twentieth and early twenty-first centuries, attorneys general such as Jim Mattox, Dan Morales, Greg Abbott, and Ken Paxton advanced litigation involving civil rights plaintiffs, energy companies like ExxonMobil and BP, and federal administrations including those of Bill Clinton, George W. Bush, Barack Obama, and Donald Trump.

Responsibilities and powers

Statutory and common-law authorities empower the Attorney General to issue civil opinions, represent the State before appellate tribunals such as the United States Supreme Court and the Fifth Circuit Court of Appeals, and enforce consumer-protection statutes including the Deceptive Trade Practices Act; the office also oversees child-support enforcement in coordination with Office of Child Support Enforcement programs and state agencies like the Texas Health and Human Services Commission. The Attorney General may bring actions under statutes including the Texas Deceptive Trade Practices Act, the Texas False Claims Act, and state antitrust laws; pursue environmental matters under the Clean Air Act and the Clean Water Act in litigation against entities such as Chevron; and issue advisory opinions that guide officials in executing statutes like the Texas Election Code. The office participates in multistate coalitions that challenge federal regulations promulgated by agencies like the Internal Revenue Service and the Occupational Safety and Health Administration.

Notable attorneys general

Prominent officeholders include James Pinckney Henderson (first Attorney General and later Governor), Price Daniel (later U.S. Senator), Jim Mattox (challenger to corporations and later Texas Railroad Commissioner), Dan Morales (who brought high-profile suits and later faced legal troubles), Greg Abbott (later Governor of Texas), and Ken Paxton (incumbent). Other notable figures connected to the office include Miriam A. "Mimi" Solis, assistants who later became judges on the Texas Supreme Court and the United States District Court for the Western District of Texas, and litigators who argued before the United States Supreme Court in cases against federal actors such as the Department of Justice and the Department of Health and Human Services.

Elections and tenure

The Attorney General is elected statewide in partisan elections to four-year terms, coinciding with gubernatorial elections; officeholders have included members of both the Democratic Party and the Republican Party. Campaigns have drawn endorsements from national figures such as Ronald Reagan, Bill Clinton, and George W. Bush, and fundraising from political action committees affiliated with groups like the Club for Growth and the Texas Civil Justice League. Vacancies have been filled by special elections or gubernatorial appointments under provisions found in the Texas Constitution of 1876 and state statutes enacted by the Texas Legislature.

Controversies and landmark cases

Attorneys general from Texas have led or joined litigation in landmark matters including challenges to the Affordable Care Act brought alongside states such as Florida and Missouri, suits over immigration policies involving United States Department of Homeland Security directives, and environmental litigation against corporations including ExxonMobil and BP after incidents like the Deepwater Horizon oil spill. Controversies have involved investigations and indictments of officials such as Ken Paxton and civil-rights litigation implicating the Voting Rights Act of 1965; cases have reached the United States Supreme Court in disputes over sovereign immunity and federalism, citing precedents like Youngstown Sheet & Tube Co. v. Sawyer and Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc..

Category:Texas politics Category:State constitutional officers of Texas