Re: Whether the Comptroller of Public Accounts has constitutional or statutory authority to "research, analyze and report" about a state agency and the organic legislation creating the agency (RQ-0424-GA)

S U M M A R Y

The Comptroller of Public Accounts does not have the authority to initiate and conduct an investigation into the effectiveness and efficiency of a state agency's policies, management, fiscal affairs, or operations as formerly authorized by the Government Code. State agencies, departments, and offices are statutorily required to provide assistance to a legislative committee upon the committee's request. A state agency, department or office may respond to a single legislator's request for assistance and information only within constitutional and statutory limits of authority. The Tax Code does not authorize the Comptroller to investigate state agencies and their policies, management, and operations and issue a report thereon, except in response to a request from the Governor. Also, the Tax Code authorizes the Comptroller to initiate and conduct an investigation of certain agency expenditures, receipts, and disbursements, but this cannot be construed as authorizing a more broad based investigation into the effectiveness and efficiency of a state agency's policies, management, fiscal affairs, and operations.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at (512) 463-2110.

TRD-200602599

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: May 10, 2006