Texas AG Weekly Roundup: TX Joins 22-States Urging Congress To Consider Legal Safeguards For Businesses During COVID
Staff Report
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/.
AG Paxton: Court Awards $16.5 Million to Texans in Medicaid Fraud Lawsuit
AUSTIN – Attorney General Ken Paxton today announced that the 126th Judicial District Court of Travis County ordered final judgment against Dr. Richard Malouf, former owner of All Smiles Dental Center, holding him responsible for 1,842 unlawful acts under the Texas Medicaid Fraud Prevention Act and liable for approximately $16.5 million to the State of Texas.
“I applaud my litigation team, the court and the Health and Human Services Commission for stopping this misconduct and recovering taxpayer money,” said Attorney General Paxton. “Identifying and preventing Medicaid fraud continues to be a top priority for my office and I remain committed to ensuring that Medicaid dollars are preserved for those who most need them.”
Dr. Malouf operated orthodontics clinics for many years in the Dallas area and billed tens of millions of dollars to Texas Medicaid.
The Court previously found that Malouf fraudulently billed Medicaid for services that he did not deliver, including over 100 claims he filed while he was vacationing out of the country.
Read a copy of the order here.
AG Paxton Commends Court, Continues Defending Student Rights to Free Speech and Due Process
AUSTIN – Attorney General Ken Paxton today praised the United States District Court for the Southern District of New York for denying a motion seeking to enjoin the U.S. Department of Education’s new rule concerning Title IX, which seeks to protect students from actual harassment while upholding free speech and fair process.
The order agrees with an amicus brief led by Texas and signed by 15 states in defense of protecting students’ constitutional rights.
“Without the proper safeguards, many academic institutions have unlawfully trampled due process and deprived students of their constitutional rights to free speech and fair trial. In contrast, the Department of Education’s rules correctly provide protection for individual rights where previous regulations and guidance failed while ensuring that institutions have appropriate tools to address acts of sexual harassment,” said Attorney General Paxton. “As the Supreme Court has long recognized, students subject to disciplinary proceedings are entitled to due process, and the Constitution applies to every American.”
Read a copy of the order here.
AG Paxton Joins 22-State Coalition Urging Congress to Consider Safe to Work Act
AUSTIN – Attorney General Ken Paxton joined 21 other states in a letter to the United States Congress urging the adoption of federal pandemic liability protections contained in the Safe to Work Act.
These protections will help mitigate the threat of frivolous COVID-19-related litigation against first responders, healthcare workers, law enforcement, and healthcare facilities, among other entities, while ensuring victims have legal options where appropriate.
“A common-sense framework is necessary to provide liability protections as we restart our economy safely and appropriately in the midst of this pandemic. Businesses need clearly defined expectations for safe operations and protection from baseless COVID-19-related claims while operating in good faith,” said Attorney General Paxton. “Criminal penalties, regulatory fines, and agency oversight must be reserved to stop those who recklessly inflict harm, and civil lawsuits should be available for any citizens hurt by those actually acting with disregard for safety.”
The COVID-19 pandemic has caused tragic loss of life across the nation, and countless livelihoods were lost and businesses closed.
As stated in a previous letter, States believe federal pandemic liability protections will benefit all states and citizens as we continue working to slow the spread of COVID-19 and minimize the detrimental impact it has had on state economies.
Read a copy of the letter here.
Notification of Opinion
Official Request Summary RQ-0332-KP
Whether subsection 2054.5191(a-1) of the Government Code requires a member of the
board of directors of an appraisal district to complete certified cybersecurity training
Official Opinion Summary KP-0326
A court would likely conclude that appraisal district board members are appointed and are not required to complete the certified cybersecurity training program it mandated by Government Code subsection 2054.5191(a-1).
Notification of Opinion
Official Request Summary RQ-0333-KP
Standards applicable to roads constructed by the Bastrop County Water Control and Improvement District No. 2 under section 11001.008 of the Special District and Local Laws Code
Official Opinion Summary KP-0327
Under Special District and Local Laws Code chapter 11001, Bastrop County has discretion about the standard it will utilize to approve Bastrop County Water Control and Improvement District No. 2 improvements, provided the standard is based on good engineering practices according to specified statutory considerations.
Notification of Opinion
Official Request Summary RQ-0361-KP
Whether section 2166.003 of the Government Code applies to the possible removal of the Lawrence Sullivan Ross statue at Texas A&M University, and if so, who may provide approval to remove the statue
Official Opinion Summary KP-0325
A court is likely to conclude that Texas A&M University must comply with the requirements of section 2166.5011 before removing or relocating the Ross statue.
Notification of Opinion
Official Request Summary RQ-0362-KP
Authority of local governmental entities operating under local emergency declarations, to delay, prohibit, or restrict eviction procedures established by the Legislature in chapter 24 of the Property Code
Official Opinion Summary KP-0324
Emergency powers granted by Government Code chapter do not authorize local governmental entities operating under a declared disaster to independently rewrite state law such as Property Code chapter 24 governing evictions.
Request for Opinion
Official Request Summary RQ-0370-KP
Whether a deputy sheriff may simultaneously serve as an elected alderman of a Type-A general law city
Date Received
Monday, August 10, 2020
Official Requestor
Mr. Stephen L. Mitchell
Culberson County Attorney
Post Office Box 276
Van Horn, Texas 79855
Request for Opinion
Official Request Summary RQ-0369-KP
Whether the actions of a city councilmember implicate the automatic resignation provisions of the Texas Constitution.
Date Received
Wednesday, August 5, 2020
Official Requestor
The Honorable Terry Canales
Chair, House Committee on Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
