General Counsel – Litigation Files, 1973-2015
Texas Governor Rick Perry:
An Inventory of Governor Rick Perry General Counsel Litigation Files at the Texas State Archives, 1973, 1987, 1990-2015
| Arrangement | History | Scope and Contents | Restrictions | Related Materials |
Overview
Creator: Texas. Governor (2000-2015 : Perry)
Title: Governor Rick Perry General Counsel litigation files
Dates: 1973, 1987, 1990-2015
Abstract: The Texas governor’s general counsel provides legal advice and handles litigation filed against the governor or the Governor’s Office, in conjunction with actions of the Attorney General on the governor’s behalf. These records are litigation files maintained by the Texas Governor’s Office of the General Counsel for cases completed during Governor Rick Perry’s tenure. Types of materials include correspondence, memoranda, court filings (briefs, orders, motions, etc.), proposed and final settlement agreements, press releases, news clippings, attorney notes, affidavits, deposition transcripts, research materials, exhibits, reports, printed material, maps, analyses, floppy disks, computer discs and electronic records, dating 1973, 1987, 1990-2015. Subjects of the litigation files include wrongful termination, Medicaid and restrictions on funding for abortion, prisons and prison reform, gaming on Indian reservations in Texas, racial discrimination in drug arrests, defamation, and insurance premium prices.
Quantity: 34.5 cubic ft. and 4.58 MB (5 files)
Language: These materials are written predominately in English with scattered Spanish throughout.
Repository: Texas State Archives
Other Finding Aids
A description of non-electronic records references in this finding aid is available at https://txarchives.org/tslac/finding_aids/50122.xml.
Arrangement of the Records
These records are arranged roughly alphabetically in several groups as received from the Governor’s Office.
- Governor Rick Perry General Counsel litigation files, 1973, 1987, 1990-2015, 34.5 cubic ft. and 4.58 MB (5 files) (paper, digital) (RESTRICTED)
Click here to see a full inventory of the General Counsel litigation files.
Agency History
The General Counsel position within the Texas Office of the Governor was created in October 1973 when the Executive Director of the Governor’s Criminal Justice Division appointed an individual as General Counsel, to assist him in providing statute interpretations and in other matters relating to policies and procedures. Today the Office of the General Counsel is a separate division in the Governor’s Office.
Duties of the General Counsel include providing statute interpretations; tracking inmates on death row as their cases move through the judicial process including all appeals to the governor for commutations or stays of execution; handling pardon requests sent to the governor; reviewing proposed settlements, land patents, grant requests, contracts, easements, and deeds for the governor; analyzing proposed legislation and regulations for validity and legal effect; assisting appointments staff in determining eligibility and other legal issues related to proposed appointments; handling extradition and requisition matters; coordinating ethics guidelines and training for the governor’s office; advising the governor on federal programs administered by the state; coordinating the governor’s criminal justice policy with the governor’s Policy Director; and providing legal advice and handling litigation filed against the governor or the Governor’s Office, in conjunction with actions of the Attorney General on the governor’s behalf.
(Sources include: Guide to Texas State Agencies, 11th edition (2001); Office of the Governor, accessed on February 26, 2016; the contents of the records; and the Texas Governor’s Office website during Governor Perry’s term, accessed via the Internet Archive Wayback Machine on November 10, 2015.)
Scope and Content of the Records
The Texas governor’s general counsel provides legal advice and handles litigation filed against the governor or the Governor’s Office, in conjunction with actions of the Attorney General on the governor’s behalf. These records are litigation files maintained by the Texas Governor’s Office of the General Counsel for cases completed during Governor Rick Perry’s tenure. Cases also include those from Governor Bush’s term as governor as well. Types of materials include correspondence, memoranda, court filings (briefs, orders, motions, etc.), proposed and final settlement agreements, press releases, news clippings, attorney notes, affidavits, deposition transcripts, research materials, exhibits, reports, maps, analyses, floppy disks, computer discs and electronic records, dating 1973, 1987, 1990-2015. Subjects of the litigation files include wrongful termination, Medicaid and restrictions on funding for abortion, prisons and prison reform, gaming on Indian reservations in Texas, racial discrimination in drug arrests, defamation, insurance premium prices and the Machete film. There are select records from state agencies, boards and commissions represented in the litigation files along with the Governor’s Office including Texas Secretary of State, Texas Public Utility Commission, Texas Health and Human Services Commission, Texas Funeral Services Commission, Texas State Board of Education, Texas Ethics Commission, Texas Workers Compensation Commission, Texas Department of Mental Health and Mental Retardation, Texas Department of Transportation, Texas Department of Criminal Justice, Texas Department of Agriculture, Texas Board of Pardons and Paroles, Texas Film Commission, and the Texas Lottery Commission. Located at the end of the inventory and separate from the individual case files are Attorney General’s settlement and litigation files. These memos detail settlement offers and were prepared for the governor’s review and approval.
The original electronic files are PDF files. Electronic records described in the finding aid that are part of the Texas Digital Archive are indicated as such in the inventory. Restrictions on access to the content of records are applicable to physical and electronic records.
To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.
Restrictions and Requirements
Restrictions on Access
Records described in this finding aid may contain information that is confidential under the Texas Public Information Act (PIA) (Texas Government Code, Chapter 552) or other statutes. Restricted information, as outlined in the statutes, applies to both physical and electronic records. As laws change, statutory restrictions may be added to or removed from these records. See our Texas Public Information Act and Researching in the State Archives web page for the more common types of restrictions found in state government records.
Requests for materials held within the State Archives, whether a Research Request or Public Information Act Request, must be submitted via this form: https://www.tsl.texas.gov/sites/default/files/public/tslac/ref/Texas_State_Archive_Material_Request_Form.pdf. A Research Request is sufficient for requesting most State Archives materials. While a PIA Request is always an option, a PIA Request for State Archives materials is required only if a researcher does not agree to the redaction or removal of restricted government information (see: Texas Gov’t Code Chapter 552).
For further assistance with accessing materials within the State Archives, contact the Reference Desk: archinfo@tsl.texas.gov or 512-463-5455.
Restrictions on Use
Most records created by Texas state agencies are not copyrighted. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).
Technical Requirements
Researchers wishing to access floppy disks or computer discs must contact State Archives staff to obtain the necessary equipment.
Related Material
The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive.
Administrative Information
Preferred Citation
(Identify the item), Texas Governor Rick Perry General Counsel litigation files. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession numbers: 2015/067, 2015/117, 2016/170
Paper records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Office of the Governor on December 19, 2014 through March 2015 and on June 9, 2016. Electronic records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Office of the Governor on January 29, 2015.
Processing Information
Processed by Halley Grogan, February 2016
