The Powers of the Texas Attorney General Explained
From multistate lawsuits and consumer protection to child-support enforcement and open-records opinions — what the elected Attorney General of Texas actually does, and the statutory limits of the office.
Editor's NotePart of our Texas civics series. See also our guide to the [Powers of the Texas Governor](/news/texas-governor-powers).
Editorial disclaimer: Opinions and analysis on Keep TX Red are editorial content — not statements of fact. See our editorial standards.
The Texas Attorney General is the state's top lawyer — elected statewide, accountable to voters, and constitutionally independent of the governor. Unlike the U.S. Attorney General, who serves at the pleasure of the president, the Texas AG answers only to the people who put them in office.
That independence has made the office one of the most consequential conservative posts in the country. The AG defends Texas law in court, files suits against federal overreach, issues binding legal opinions to state officials, and runs the largest child-support enforcement operation in the United States.
A Constitutional, Elected Office
Article 4 of the Texas Constitution creates the Attorney General as a separately elected executive officer serving a four-year term. The AG is not appointed by the governor and cannot be fired by the governor — a structural check that the Texas Constitution has preserved since 1876.
The office operates out of the William P. Clements Building in Austin with more than 4,000 employees statewide, making it one of the largest law offices in the country.
Core Powers of the Office
- Defend the constitutionality of Texas statutes in state and federal court.
- Represent the State of Texas, its agencies, and its officers in civil litigation.
- Issue Attorney General Opinions interpreting state law for elected officials and agency heads.
- Enforce the Deceptive Trade Practices Act and consumer protection laws.
- Operate the Child Support Division — collecting more than $5 billion in court-ordered support annually.
- Prosecute Medicaid fraud, human trafficking, and certain election-integrity cases.
- Enforce the [Texas Open Meetings and Public Information Acts](/news/texas-open-meetings-public-info).
What the AG Cannot Do
Despite the broad portfolio, the Texas AG has narrower criminal authority than many people assume. Texas places general criminal prosecution in the hands of locally elected District Attorneys and County Attorneys — not the state AG.
The AG can prosecute criminal cases only when the Legislature has specifically granted that authority (e.g., Medicaid fraud) or when a local prosecutor formally requests assistance. The Court of Criminal Appeals has reinforced these limits in recent rulings.
Powers Compared
| Power | Texas AG | Texas Governor |
|---|---|---|
| Sue the federal government | Yes (lead role) | No |
| Veto legislation | No | Yes |
| Issue binding legal opinions | Yes | No |
| Appoint state judges (vacancies) | No | Yes |
| Prosecute general crimes | Limited | No |
| Enforce consumer protection | Yes | No |
Frequently Asked Questions
- Can the governor fire the Texas Attorney General?
- No. The AG is independently elected. Removal requires impeachment by the Texas House and conviction by the Senate.
- Are Attorney General Opinions legally binding?
- They are binding guidance for state officials and agencies who request them, but courts treat them as persuasive — not controlling — authority.
- Who can request an Attorney General Opinion?
- Only certain officials: the governor, lieutenant governor, House speaker, agency heads, county and district attorneys, and the chairs of legislative committees.
Official Sources
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