Texas. Attorney-General's Office

Instigated in 1956 when the Texas Attorney General sought to investigate the files of the NAACP branches in Houston and Dallas, the lawsuit in the 7th District Court of Texas in Smith County resulted in a permanent injunction, which prohibited the NAACP from involvement in political and litigious activities, restricting the organization to charitable and educational functions.

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. Actions that benefit all citizens of this state include enforcement of health, safety and consumer regulations, educational outreach programs and protection of the rights of the elderly and disabled. The Attorney General is also charged with the collection of court-ordered child support and the administration of the Crime Victims' Compensation Fund.

(Sources include: the Attorney General's web site at http://www.oag.state.tx.us/, accessed on February 16, 2007; existing finding aids; and biographical information available on-line at http://www.utsystem.edu/OGR/McBee-bio.htm, accessed on February 16, 2007.)

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.)

The office of the Texas 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.

Seven constitutions, scores of penal code revisions, and several hundred civil statutes have defined the duties of this executive officer. Primarily, the attorney general functions as the state's lawyer, provides legal advice in the form of opinions, and also represents the state in litigation. The attorney general has also occupied several positions on state boards and commissions.

During the 19th 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 that are the subject of official opinions are not often litigated, and such opinions stand as the highest available interpretation of the current law. In civil disputes, the attorney general serves as counsel for state agencies.

While Price Daniel was Attorney General of Texas, January 1947-January 1953, the size of the staff was less than 100 full-time employees of which over 50 were lawyers. In 2001, the Attorney General's office employed 3,660.

Price Daniel's political career spanned more than four decades and included all three branches of state government. Born in 1910 at Dayton, Texas, he was reared in Liberty and Fort Worth. After graduating from high school in Fort Worth, he attended Baylor University where he earned a degree in journalism. The following year, 1932, he received a law degree and returned to Liberty where he opened a law office.

During the next seven years, Price Daniel practiced law and assisted with publishing two local newspapers that he co-owned. In 1939 he was elected to the Texas House of Representatives and became a member of the State Democratic Executive Committee. The following year he married Jean Houston Baldwin and they had four children. After serving three terms in the legislature, he was chosen Speaker of the House in 1943. However, he resigned to enlist in the army as a private, though he soon completed officer candidate school. Stationed in Japan and the Pacific, he attained the rank of captain when he was discharged in May 1946.

Upon his return to Texas, he entered the race for attorney general and won the election. Running unopposed, he was reelected twice. His five years as Attorney General were noted for efforts against organized gambling and for Texas' rights to the Tidelands, the hallmark of his career. Daniel was elected U.S. Senator in 1952, serving as chairman of the senate's judiciary subcommittee and continuing to argue for Texas' rights to three million acres of submerged lands. He sponsored a bill that would return the Tidelands to Texas. His efforts resulted in passage and it became a law with President Eisenhower's signature. After four years as senator Price Daniel was elected governor, an office he held for three consecutive terms, from 1957 to 1963. Attempting to run for an unprecedented fourth term, he was defeated by John Connally in the gubernatorial primaries.

Although he established law offices in Austin and Liberty, Price Daniel returned to politics after a brief respite. He served as director in the office of Emergency Preparedness during the presidential administration of Lyndon Johnson. Soon thereafter, he was appointed to the Texas Supreme Court, remaining an associate justice from 1971 until his retirement in 1979. Daniel served as a special assistant to the Texas Attorney General for the Texas v. Louisiana boundary case. Maintaining memberships in many legal professional organizations, he was also active in a variety of civic and church activities until his death on August 25, 1988.