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I'm certainly not trying to defend it, but...
yes, the atty gen of tx is elected, but so are tx sup ct justices. That doesn't prevent legal weight from being given to what they write. Usually, people ask for an atty gen opinion to cover their ass or tell them how to proceed if they are doing something that is not clearly legal and has not been addressed by any appellate court. If later they are sued, they can say "But see here, the atty gen opined that it was okay." Atty gen opinions are "persuasive authority" Frankly, this letter should not be considered an official atty gen opinion, as it it is not formatted as such. But you can bet what his official opinion would be.
ps. i havent been around much for awhile, but I did donate plenty... what does it take to be tagged as such?
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