Title GV, Government Code

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. (…

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 c…

Sec. 402.007. PAYMENT TO TREASURY; ALLOCATION OF CERTAIN MONEY RECEIVED BY ATTORNEY GENERAL. (a) The attorney general shall immediately pay into the state treasury money received for a debt, a penalty, or restitution. (b) Subject to Subsection (d), the comptroller shall credit to…

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. (a) 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 assistan…

Sec. 402.010. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. (a) In an action in which a party to the litigation files a petition, motion, or other pleading challenging the constitutionality of a statute of this state, the party shall file the form required by Subsectio…

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 b…

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, confe…

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 …

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 par…

Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY ATTORNEY, 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 ac…

Sec. 402.0241. DEFENSE OF LOCAL ENTITIES IN SUITS RELATED TO IMMIGRATION DETAINER REQUESTS. (a) In this section, "local entity" has the meaning assigned by Section 752.051. (b) The attorney general shall defend a local entity in any action in any court if: (1) the executive head …

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 co…

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…

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 at…

Sec. 402.02801. INVESTIGATION OF OPEN MEETING OFFENSES. (a) The open records division of the attorney general's office, on the request of a law enforcement agency under Article 2A.067, Code of Criminal Procedure, or an attorney representing the state under Article 2A.112, Code of…

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 a…

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…

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. …

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'…

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…

Sec. 402.034. HUMAN TRAFFICKING PREVENTION COORDINATING COUNCIL. (a) In this section, "council" means the human trafficking prevention coordinating council. (b) The office of the attorney general shall establish the human trafficking prevention coordinating council to develop and…

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 ass…

Sec. 402.0351. REQUIRED POSTING OF HUMAN TRAFFICKING SIGNS BY CERTAIN ENTITIES; CIVIL PENALTY. (a) In this section: (1) "Body piercing studio" has the meaning assigned by Section 146.001, Health and Safety Code. (1-a) "Cosmetology facility" means a person who holds a license to o…

Sec. 402.0352. REPORTING OF HUMAN TRAFFICKING CASES. (a) This section applies only to: (1) a municipal police department, sheriff's department, or constable's office in a county with a population of more than 50,000; (2) the Department of Family and Protective Services; (3) the T…

Sec. 402.0353. STATEWIDE HUMAN TRAFFICKING DATA REPOSITORY; ANNUAL REPORT. (a) The office of the attorney general shall establish a statewide human trafficking data repository to collect, organize, and analyze human trafficking information reported to the office under Section 402…

Sec. 402.036. SUPPORT ADOPTION ACCOUNT. (a) The Support Adoption account is a separate account in the general revenue fund. The account is composed of: (1) money deposited to the credit of the account under Sections 504.662 and 521.015, Transportation Code; and (2) gifts, grants,…

Sec. 402.037. SUPPORT ADOPTION ADVISORY COMMITTEE. (a) The attorney general shall appoint a seven-member Support Adoption advisory committee. (b) The committee shall: (1) meet at least twice a year or as called by the attorney general; (2) assist the attorney general in developin…

Sec. 402.038. TRANSNATIONAL AND ORGANIZED CRIME DIVISION. (a) The office of the attorney general shall establish a transnational and organized crime division. (b) To address matters related to border security and organized crime, the transnational and organized crime division sha…

Sec. 402.039. DOMESTIC VIOLENCE HIGH RISK TEAMS GRANT PROGRAM. (a) A domestic violence high risk team is a multidisciplinary team that coordinates efforts to increase the safety of victims of family violence, as that term is defined by Section 71.004, Family Code, by monitoring a…

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 o…

Sec. 402.043. QUESTIONS RELATING TO ACTIONS IN WHICH THE STATE IS INTERESTED. The attorney general shall advise an attorney, 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: (1) the requ…

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. SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE

Sec. 402.101. APPLICABILITY. This subchapter applies to a criminal offense under Chapter 20A, Penal Code. Added by Acts 2025, 89th Leg., R.S., Ch. 364 (H.B. 45), Sec. 2, eff. September 1, 2025.

Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. (a) A law enforcement agency that submits to a local prosecuting attorney a report stating there is probable cause to believe an identified person has committed a criminal offense described by Section 402.101 shall simul…

Sec. 402.103. PROSECUTION. (a) Notwithstanding any other law, the attorney general has jurisdiction to prosecute and shall represent the state in the prosecution of a criminal offense described by Section 402.101 if: (1) a law enforcement agency submits a report described by Sect…

Sec. 402.151. APPLICABILITY. This subchapter applies to a criminal offense under the Election Code. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 19 (S.B. 12), Sec. 1, eff. December 4, 2025.

Sec. 402.152. PROVISION OF INFORMATION TO ATTORNEY GENERAL. (a) A law enforcement agency shall submit to the attorney general any report stating there is probable cause to believe an identified person has committed a criminal offense described by Section 402.151. (b) A local pros…

Sec. 402.153. PROSECUTION. Notwithstanding any other law, the attorney general has jurisdiction to prosecute and shall represent the state in the prosecution of a criminal offense described by Section 402.151. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 19 (S.B. 12), Sec. 1, eff…