Texas law enforcement fugitive weekly round-up
Staff Report
The responsibilities, of the Office of the Attorney General, are to serve as legal counsel to all boards and agencies of state government, issue legal opinions when requested by the Governor, heads of state agencies, and other officials and agencies as provided by Texas statutes.
The Texas AG 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.
Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls, and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud, and other topics.
To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.
AG Paxton’s Law Enforcement Round-Up
- The Election Integrity Unit
Nolan County
Kenneth Ray Teaff was arrested on Aug. 26 after being indicted by a grand jury for one count of Fraudulent Use of Application for Ballot by Mail and one count of Tampering with a Government Record. This case involves allegations that Teaff applied for a ballot by mail in the name of his deceased brother during the November 2020 Nolan County General Election.
- The Fugitive Apprehension Unit
Dallas County
Arlis Jamel Waits was arrested by the Rowlett Police Department on Aug. 25, in Rowlett, on an outstanding warrant for Indecency with a Child.
Tarrant County
Gerald Ray Burnett was arrested on Aug. 24 in Fort Worth. In 2013, Burnett was convicted in Tarrant County of Aggravated Sexual Assault and was sentenced to 5 years in prison. Burnett failed to comply with the applicable sex offender registration requirements and the Fort Worth Police Department issued the corresponding Fail to Register Sex Offender warrant.
Paxton Announces Multistate Coalition Supporting Texas’ Fight Against Illegal Immigration
AUSTIN – Attorney General Ken Paxton announced that 16 states have joined a coalition in support of Texas and Louisiana’s lawsuit against the Biden Administration’s refusal to deport certain dangerous criminal aliens.
The Biden Administration stopped detaining illegal aliens convicted of crimes relating to drugs or moral turpitude—despite federal law that requires it to do so—forcing Texas to sue.
“The Southern District Court of Texas has put the safety of Texans first, and the Fifth Circuit should follow suit and uphold federal law as it is written,” Attorney General Paxton said. “The Biden Administration’s refusal to detain dangerous criminals is shameful. We cannot allow criminal aliens back on the streets, where they can continue to commit the same crimes.”
Read the Amicus Brief here.
Paxton Announces Finalized Settlement with Griddy Energy, LLC
AUSTIN – Attorney General Ken Paxton announced details of the approved settlement in the lawsuit against Griddy Energy, LLC after Winter Storm Uri left its customers with exorbitant energy bills.
Texas power companies failed to withstand the winter storm and left millions of Texans without power and heat during lethal, record-low temperatures across the state.
Griddy customers felt an additional hit when the burden of skyrocketing energy costs hit their pocketbooks as well.
In response to legal actions arising out of the winter storm, including a lawsuit filed by Attorney General Paxton on behalf of Texas consumers, Griddy filed for Chapter 11 bankruptcy protection in March 2021.
This settlement, along with Griddy’s confirmed bankruptcy plan of liquidation, releases former Griddy customers from any and all outstanding balances otherwise due and owing to Griddy unless they elect to opt-out of the release.
Former customers may pursue a legal claim in the bankruptcy court to recover any monies they may have already paid for the electricity they consumed during the winter storm.
The settlement also permanently enjoins Griddy and its parent company, Griddy Holdings, from making any false or misleading statements in the advertising of retail electricity.
“Winter Storm Uri devastated the lives of many Texans, and my office engaged in good faith negotiations with Griddy Energy, LLC to provide some relief after they filed for bankruptcy.” Attorney General Paxton said. “I am pleased with the result of those negotiations, and I will continue to fight to protect the livelihoods of all who live in this great state.”
Read the settlement here.
Read the Agreed Final Judgment and Permanent Injunction here.
AG Paxton Joins Multi-state Coalition Demanding the Continued Criminalization of Illegal Reentry
AUSTIN – Attorney General Ken Paxton joined a 20-state coalition demanding that the US Department of Justice seek to reverse a Nevada District Court’s decision in United States v. Carrillo-Lopez, which recently struck down as unconstitutional 8 U.S.C. § 1326, the federal immigration statute that criminalizes the illegal reentry of illegal aliens who have previously been removed from the United States.
The judge’s ruling was a shocking departure from both the long-understood intent of Congress and of prior judicial precedents and if left unchallenged, would exacerbate the unsustainable situation at our southern border and further weaken law enforcement’s ability to keep Americans safe.
“The Biden Administration’s policies have already caused enough of a crisis at the border, and this court’s decision will only further strain already depleted resources and increase the safety and health risk to Texans and the rest of the nation,” Attorney General Paxton said. “States are fed up with having to defend federal law. It’s time for this administration to do their job and put Americans first.”
Read the letter here.
Texas Supreme Court Sides with Paxton Regarding Ban on Mask Mandates
AUSTIN – Attorney General Ken Paxton commends the Texas Supreme Court’s decision to grant the emergency motion for temporary relief in the case of Abbott v. San Antonio, keeping the decision to enforce mask mandates with the governor, not local government entities.
The court said that the status quo has been gubernatorial oversight in decisions regarding the public during the pandemic, and this decision keeps with the status quo.
“The Texas Supreme Court has sided with the law, and the decision to enforce mask mandates lies with the governor’s legislatively granted authority,” Attorney General Paxton said. “Mask mandates across our state are illegal, and judges must abide by the law. Further non-compliance will result in more lawsuits.”
Read the order here.
Notification of Opinion
Official Request Summary RQ-0399-KP
Enforceability of city action transitioning to staggered elections for city officials.
Official Opinion Summary KP-0384
Subsection 23.026(b) of the Local Government Code authorizes a Type B general-law city to provide for two-year staggered terms for the mayor and city aldermen by ordinance. To the extent the municipal action at issue providing for such stagger was taken by resolution, it does not conform to the statute and is likely void.
To the extent the action was taken by ordinance pursuant to subsection 23.026(b), that provision contains no language allowing the aldermen to opt-out of drawing lots to determine which aldermen have two-year terms. Similarly, subsection 23.026(b) does not authorize the city secretary to draw lots for the aldermen.
While a Type B general-law city may repeal a prior ordinance, such a repeal does not necessarily revive the prior law. Instead, a city must affirmatively adopt a new ordinance providing for the change in form of government.
A meeting to adopt an ordinance must be posted as required by the Open Meetings Act in chapter 551 of the Government Code. An adopted ordinance must be published in three public places in the municipality or posted in a newspaper published in the municipality as required by chapter 52 of the Local Government Code. Failure to follow these posting and publication requirements would render the ordinance voidable under the Open Meetings Act or unenforceable under chapter 52 of the Local Government Code.
We do not address your last question about the lawfulness of the ordinance to re-stagger the elections because it involves mixed questions of law and fact.
Notification of Opinion
Official Request Summary RQ-0398-KP
Maximum allowable period of deferred adjudication community supervision for a third-degree felony under either Title 7 of the Penal Code or Chapter 481 of the Health and Safety Code
Official Opinion Summary KP-0383
Under article 42A.053 of the Code of Criminal Procedure, the maximum period of regular community supervision for a third-degree felony under either Title 7, Penal Code or Chapter 481, Health and Safety Code is five years.
Under article 42A.103, the maximum period of deferred adjudication community supervision for all felonies is ten years.
Articles 42A.053 and 42A.103 do not conflict. The maximum allowable period of deferred adjudication community supervision for a felony, including a third-degree felony under either Title 7 of the Penal Code or Chapter 481 of the Health and Safety Code, is ten years.
Request for Opinion
Official Request Summary RQ-0427-KP
Whether a school district may implement a policy-making additional leave available to employees who are vaccinated for COVID-19 or medically exempt from the vaccination
Date Received
Thursday, August 26, 2021
Official Requestor
The Honorable Paul Bettencourt
Chair, Senate Committee on Local Government
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
