Weekly News Round Up Of The State’s Top Law Enforcement Officer – Texas Attorney General

Consumer Alert: IRS Impersonation and Email Scam, Court of Appeals Upholds Voter Fraud Conviction and Religious Liberties Case

Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:

• defend the laws and the Constitution of the State of Texas
• represent the State in litigation
• approve public bond issues

To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues 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/.

WEEKLY NEWS ROUND-UP OF THE STATE’S

TOP LAW ENFORCEMENT OFFICER…

THE TEXAS ATTORNEY GENERAL

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AG Paxton Applauds Governor Abbott’s Appointment of David Whitley as Texas Secretary of State

AUSTIN – Attorney General Ken Paxton today praised Governor Greg Abbott’s appointment of David Whitley as Texas Secretary of State.

He currently serves as deputy chief of staff for the governor’s office. Whitley began working for then-Attorney General Abbott in 2004, serving in various roles including assistant deputy attorney general,

“Texans need a strong and experienced leader in the secretary of state, and David’s many years of public service combined with his outstanding legal background make him the ideal choice for this important position,” Attorney General Paxton said. “One of the main responsibilities of secretary of state is serving as chief elections administrator.

I’m confident David will make it a priority to preserve and protect the integrity of our election system in Texas.”

A native of Alice, Texas, Whitley received his finance and law degrees from The University of Texas at Austin. During law school, he worked in the Texas Senate. Prior to becoming deputy chief of staff, Whitley served in Gov.

Abbott’s administration as appointments director. He is a member of the State Bar of Texas and volunteers in the UT Law Mentorship Program.

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AG Paxton Urges HHS to Repeal Rule that Violates the Religious Liberty of Texas’  Faith-Based Foster Care and Adoption Service Providers

AUSTIN – In a letter today to the U.S. Department of Health and Human Services (HHS), Attorney General Ken Paxton urged prompt repeal of an Obama-era rule that violates the religious liberty of Texas’ faith-based foster care and adoption service providers by requiring them to abandon their core religious beliefs as a condition of receiving federal funding under Title IV-E of the Social Security Act.

“People of faith should not be required to forfeit their sincerely held religious beliefs as a condition of helping Texas’ most vulnerable children,” Attorney General Paxton said. “We’re asking HHS to repeal its unlawful rule on child welfare funding or, alternatively, grant the state of Texas an exemption from the rule.”

Attorney General Paxton, in his letter to Lynn Johnson, the assistant secretary at HHS’s Administration for Children and Families, pointed out that the rule on Title IV-E funding exceeds statutory authority, violates the Religious Freedom Restoration Act and conflicts with Texas law.

Last session, the Texas Legislature enacted House Bill 3859, which protects the religious liberty of child welfare organizations and prohibits the state from granting or refusing to grant funding to such organizations because of their religious beliefs, including the belief that marriage is between a man and a woman.

Texas’ share of Title IV-E funding is administered by the Department of Family and Protective Services (DFPS) through its Child Protective Services, which works with secular and faith-based communities to find loving homes for children removed from their homes due to abuse and neglect.

Some faith-based providers who receive Title IV-E funding through DFPS require potential foster care or adoptive parents to share a particular religious faith, be a member of a congregation, or agree to the provider’s statement of faith.

But the federal rule requires those organizations to abandon their deeply held religious beliefs as a condition of receiving funding.

View the letter here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2018/Press/Letter%20KP%20to%20HHS%20re%20Title%20IV-E%20Foster%20Care%20Funding%20Waiver%20Final%20Signed.pdf.

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AG Paxton’s Child Exploitation Unit Arrests McLennan County Man for Possession of Child Pornography

AUSTIN– Attorney General Ken Paxton today announced that the Child Exploitation Unit of his office arrested 59-year-old Eddie Dwayne Pratt, of Robinson, on three counts of possession of child pornography, a third-degree felony.

Acting on a tip from the National Center for Missing and Exploited Children (NCMEC), investigators from the attorney general’s office searched Pratt’s home, where they discovered images of child pornography.

They also confiscated multiple digital storage devices, which will be examined by the Digital Forensics Unit of the attorney general’s office. During questioning, Pratt admitted to possessing child pornography.

Attorney General Paxton’s office works to protect children by using the latest technology to track down some of the most profoundly evil predators online.

The Child Exploitation Unit proactively seeks out and arrests predators who commit crimes against children using technology and online sources.

Attorney General Paxton urges all parents and teachers to become aware of the risks our children face on the internet and take steps to help ensure their children’s safety.

If you suspect someone is producing or downloading child pornography you can report it to NCMEC.

For more information on cyber safety, please visit: https://texasattorneygeneral.gov/initiatives/cyber-safety/.

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AG Paxton: Big Willy’s Owners Agree to Refund Consumers for Hurricane Harvey Price Gouging at Numerous Gas Stations

AUSTIN – Attorney General Ken Paxton today announced that his Consumer Protection Division finalized a settlement with the owners of 11 gas stations – mostly Big Willy’s – accused of price gouging last year during the state of disaster declared for Hurricane Harvey.

Under terms of the agreement, Sun Macro Corporation, Mr. Group Inc. and Star Impex Inc. will reimburse eligible consumers who paid $3.99 per gallon or more for regular unleaded grade gasoline from August 31, 2017, through September 6, 2017, at these gas station locations:

• Lucky Mart, 3841 Cummings Drive, and Happy Hill, 8101 East FM 917, Alvarado, TX 76009;

 

• Big Willy’s #9, 4500 South Bowen Road, Arlington, TX 76017;

 

• Big Willy’s #11, 216 NW Renfro Street, Burleson, TX 76028;

 

• Big Willy’s #17, 710 South Main Street, Cleburne, TX 76033;

 

• BigWilly’s #6, 420 S. Broadway Street, and Big Willy’s #12, 500 North Broadway Street, Joshua, TX 76058;

 

• Big Willy’s #10, 6051 Lake Worth Blvd., Lake Worth, TX 76135;

 

• Big Willy’s #8, 1595 E. Broad Street, Mansfield, TX 76063;

 

• Big Willy’s #18, 1703 East Hubbard Street, Mineral Wells, TX 76067; and

 

• Big Willy’s #15, 707 East Jefferson Avenue, Whitney, TX 76692.

Claim forms will be accepted through January 31, 2019, and are available online here: https://www2.texasattorneygeneral.gov/files/epress/files/2018/BWclaimform.pdf.

The attorney general’s Consumer Protection Division received complaints from consumers that the defendants’  gas stations were charging up to $4.99 per gallon of regular unleaded gas during the Harvey state of disaster.

“My office is sending a powerful message that taking advantage of Texans during a declared disaster such as Hurricane Harvey is against the law and we will always do everything in our power to hold violators accountable,” Attorney General Paxton said. “This latest settlement ensures that aggrieved consumers are repaid if they were victims of price gouging at the pumps.”

As Hurricane Harvey was approaching the Texas coast last year, Governor Greg Abbott declared a state of disaster activating a provision of the Texas Deceptive Trade Practices Act that makes price gouging on necessities (e.g. gasoline) illegal.

In the wake of the hurricane, the attorney general’s office received thousands of complaints about inflated prices at gasoline pumps. Many Texans emailed photos and receipts as evidence. Investigations are ongoing.

To date, the Consumer Protection Division has finalized 54 price gouging settlements concerning gasoline stations across Texas.

Texans who believe they’ve been scammed or price gouged by any business should call the attorney general’s Consumer Protection Hotline toll-free at (800)621-0508, email consumeremergency@oag.texas.gov, or file a complaint online at https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint.

View a copy of the Big Willy’s settlement here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2018/Press/12.11.18_File%20stamped_BW%20AFJPI_.pdf.

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REQUEST FOR OPINION

RQ-0261-KP: https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2018/pdf/RQ0261KP.pdf

Received: Tuesday, December 18, 2018
Re: Whether a private attorney or collection agency that contracts with a county to collect delinquent amounts owed to county courts may charge defendants a fee for the use of credit cards
Requestor: Ms. Shelly Atteberry
Cooke County Auditor
Cooke County Courthouse
101 South Dixon Street
Gainesville, Texas 76240

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REQUEST FOR OPINION

RQ-0260-KP: https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2018/pdf/RQ0260KP.pdf

Received: Friday, December 14, 2018
Re: Use of funds collected from claims on subdivision road maintenance bonds required under Local Government Code section 232.003(7)
Requestor: The Honorable J. D. Lambright
Montgomery County Attorney
501 North Thompson, Suite 300
Conroe, Texas 77301
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REQUEST FOR OPINION

RQ-0259-KP: https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2018/pdf/RQ0259KP.pdf.

Received: Thursday, December 13, 2018
Re: Authority of the Historical Commission to permit the destructive testing of human remains for research purposes, including the purpose of obtaining DNA samples adequate to enable the identification of genetically-related descendants
Requestor: Mr. Mark Wolfe
Executive Director
Post Office Box 12276
Austin, Texas 78711-2276