Texas Attorney-General's Office:

An Inventory of Attorney General Correspondence and Other Material at the Texas State Archives, 1874-1930, bulk 1880-1914

Agency History

The Attorney General is the lawyer for the people of Texas and is charged by the Texas Constitution to: defend the laws and the Constitution of the State of Texas, represent the State in litigation, and approve public bond issues. To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes, sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State.

The Office of the Attorney General has taken on numerous other roles through the years. Texas statutes contain nearly 2000 references to the Attorney General. In addition to its constitutionally prescribed duties, the Office of the Attorney General files civil suits upon referral by other state agencies. In some circumstances, the Attorney General has original jurisdiction to prosecute violations of the law, but in most cases, criminal prosecutions by the Attorney General are initiated only upon the request of a local prosecutor. Although the Attorney General is prohibited from offering legal advice or representing private individuals, he serves and protects the rights of all citizens of Texas through the activities of the various divisions of the agencies.

The office of the attorney general was created by an executive ordinance passed by the 1836 Constitutional Convention. Successors were presidential appointees by act of the First Congress, October 6, 1836. The practice of executive appointment continued during the first years of statehood, but in 1850 the office became elective. The position now exists under authority of Article IV, Sections 1 and 22 of the Constitution of 1876 and Texas Government Code, Chapter 402. In 1972, the term of office was extended from two to four years, effective in 1975.

During the nineteenth century, the attorney general provided legal advice to all upon request; requests are now limited to officials and agencies of state and local government. Opinions of the attorney general are not binding upon the judiciary, although they are persuasive to the courts. Moreover, problems which are the subject of official opinions are not often litigated, and such opinions stand as the highest available interpretation of the current law.

The fire which destroyed the capitol in 1881 originated in the attorney general's office, and almost no early records survived.

(Sources include: Guide to Texas State Agencies, 11th ed. (2001); Texas Constitution, Article IV; and Archives survey files.)

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Scope and Contents of the Records

The Texas Attorney General's Office serves as legal counsel to all boards and agencies of state government; issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes; sits as an ex-officio member of state committees and commissions; and defends challenges to state laws and suits against both state agencies and individual employees of the State. Records are correspondence, legal documents, reports, printed material, plat maps, specifications, notebooks, proceedings, directories, and a photograph, dating 1874-1930, bulk 1880-1914. The majority of records consists of correspondence addressed to the Attorney General requesting interpretation of laws; records also include subject and investigation files. During most administrations, inquiries and opinion requests from individual state agencies were maintained together, while inquiries from county or municipal officers were usually filed under the name of the correspondent along with requests from businesses, individuals, and others. Subjects reflect the broad panoply of issues and events confronting citizens of the state during the late nineteenth and early twentieth centuries, e.g., taxes, bonds, trusts and monopolies, election law, prohibition and local option laws, gambling, riparian rights, railroads, and others. Correspondents include state and local officials, attorneys, businesses including railroads and express companies, and individuals.

Early letters contain notes by the Attorney General's Office detailing responses or wrappers which contain basic information about the letter, including name and position of correspondent, date of letters, subject, type of response, and references to responses in letterpress volumes.

Beginning with Attorney General James V Allred's administration in the early 1930s, the office declined to address private inquiries and opinion requests. Although the statutory prohibition against answering these nongovernmental requests existed for many years prior, some Attorneys General ignored or selectively enforced this injunction.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

None.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

Researchers are required to wear gloves provided by the Archives when reviewing photographic materials.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Texas Attorney General correspondence and other material. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession number: 2006/216

A portion of these records were transferred to the Archives Collection, University of Texas Library by the Attorney General's Office on August 8, 1940. Some of those records were transferred from the University of Texas to the Archives of the Texas State Library and Archives Commission on February 2, 1961. Complete accession information has not been located. The records were assigned an accession number for control purposes on February 16, 2006.

Processing Information

Michael R. Green, July 1984

Tony Black, August 1989, June 1990, December 1990, April 1991, June 1991, April 1992

Tonia J. Wood and Jessica Tucker, October 2006

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Detailed Description of the Records