Opinion No. AC-0005
The Honorable Dee Hobbs
Williamson County Attorney
405 M.L.K. Street, #7
Georgetown, Texas 78626
Re: Whether an executive order is enforceable as a "law" under subsection 1.07(a)(30) of the Penal Code (RQ-0432-KP)
S U M M A R Y
Pursuant to section 418.012 of the Government Code, executive orders issued by the Governor pursuant to his emergency powers under chapter 418 have the force and effect of law. The Penal Code defines "law" to include a rule authorized by and lawfully adopted under a statute. A court is therefore likely to conclude that executive orders authorized by and lawfully adopted pursuant to the Governor's statutory emergency powers constitute "laws" for purposes of subsection 1.07(a)(30) of the Penal Code.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202303507
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: September 20, 2023