Staff Report
Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:
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 Defends Private Property Rights from Federal Overreach
AUSTIN – Texas Attorney General Ken Paxton yesterday argued the federal government imposed unlawful restrictions on Texas landowners by listing the Bone Cave Harvestman—a tiny, cave-dwelling arachnid that exists only in two Central Texas counties—as part of the federal Endangered Species Act.
Williamson County and property owner John Yearwood challenged the federal government’s authority to use the Interstate Commerce Clause to regulate non-commercial interactions with the Bone Cave Harvestman, which lives underground and generally cannot be observed by humans.
Yearwood’s 35-acre property has belonged to his family for more than 140 years, and he allows community organizations and worship groups to use it at no charge for camping and other recreational purposes.
When the Bone Cave Harvestman was found on a portion of his property, Yearwood faced prosecution by the federal government if the arachnid was disturbed.
Anyone who knowingly harms a Bone Cave Harvestman or its habitat could be fined $50,000 and serve time in prison. Development within 35 feet of a known harvestman cave required $400,000 per acre in mitigation permits.
In 2014, Yearwood and other landowners petitioned the United States Fish and Wildlife Service to lift onerous restrictions on how they can use their land, arguing the Bone Cave Harvestman should no longer be listed as an endangered species.
The Obama administration refused.
And a federal district judge concluded the federal government can regulate how they use their property to avoid disturbing the Bone Cave Harvestman, even though it exists in only two Texas counties and has no commercial use or value.
Attorney General Paxton today argued in support of Yearwood and Williamson County’s appeal, urging the United States Court of Appeals for the Fifth Circuit to recognize that the federal government has limited powers.
“The Obama administration abused its power under the Endangered Species Act by unlawfully listing a species on the endangered list that only lives in the state of Texas and has no impact whatsoever on interstate commerce,” said Attorney General Paxton. “The federal government has no place regulating local, non-commercial activities under the guise of its limited interstate commerce regulation powers. This vast federal overreach cannot stand.”
The Constitution grants the federal government the power to regulate interstate commerce. That power does not include wholly intrastate species like the Bone Cave Harvestman that have no relationship to interstate commerce.
For such localized species, it is the state and county, not the federal government, which can best address conservation.
AG Paxton Applauds Fifth Circuit for Throwing Out a Lawsuit Challenging Law that Keeps Taxpayer Money from Companies that Boycott Israel
AUSTIN – Attorney General Ken Paxton applauded the United States Court of Appeals for the Fifth Circuit for vacating a preliminary injunction against Texas House Bill 89, which forbids governmental entities from contracting with companies that discriminate against Israel, and holding that claims challenging the law on free-speech grounds are moot.
In May 2019, House Bill 793 clarified that Texas’s anti-boycott certification requirements do not apply to sole proprietorships like the Plaintiffs in this case.
“The Fifth Circuit correctly recognized that the Plaintiffs do not have any live claims against a law that does not apply to them,” said Attorney General Paxton. “The state of Texas has the right to boycott boycotters in this instance. Doing so does not suppress protected speech or expression and supports a long-established principle of non-discrimination.”
In 2017, the Texas Legislature passed House Bill 89, which prohibits the state from contracting with companies that boycott Israel, Texas’s fourth-biggest trading partner.
The anti-boycott certification requirement is limited to government contracts with companies of 10 or more full-time employees and contracts that have a value of $100,000 or more.
AG Paxton Applauds Court for Upholding Rule of Law and Prohibiting the Release of Dangerous Individuals from Dallas Jails
AUSTIN – Texas Attorney General Ken Paxton today applauded the United States District Court for the Northern District of Texas in Dallas for preventing the release of dangerous inmates from the Dallas County Jail, including killers, rapists, arsonists, and armed robbers.
The ruling stopped the American Civil Liberties Union’s lawsuit from upending Texas’s criminal justice system.
“We intervened in this case to prevent the ACLU’s attempt to force an indiscriminate and unlawful release of potentially violent criminals into our communities from Dallas jails,” said Attorney General Paxton. “I applaud the court for upholding the rule of law by recognizing the need to simultaneously protect the health and safety of Texans during the COVID-19 pandemic while maintaining the requirements of our criminal justice system.”
Attorney General Ken Paxton also successfully blocked improper inmate releases in both Harris County and Travis County.
The Texas Supreme Court stopped an unlawful decision by a state district court in Travis County which would have blocked Gov. Abbott’s Executive Order GA-13 and allowed the release of violent inmates en masse.
Within days of the Texas Supreme Court ruling, the U.S. District Court for the Southern District of Texas in Houston also denied temporary restraining orders and prevented the release of thousands of potentially dangerous inmates in Harris County, including those charged with violent crimes or who have a violent criminal history.
Read a copy of the order here.
Governor Abbott and Attorney General Paxton Update Guidance for Houses of Worship as Texas Reopens
AUSTIN – Governor Greg Abbott and Attorney General Ken Paxton today issued updated joint guidance regarding the effect of Governor Abbott’s Executive Order GA-18 on religious services conducted by congregations and houses of worship.
It recommends health protocols for houses of worship to guard the health and safety of their attendees while serving their respective communities of faith.
“Houses of worship face particular challenges as Texans work to combat this pandemic. This updated guidance provides clear direction to protect the health and safety of faith groups as they plan for future religious gatherings,” said Attorney General Paxton. “All Texans must continue to work together to care for the health and safety of our neighbors as we work to reopen the state.”
The updated guidance continues to protect the rights of Texans to freely exercise their religion.
Executive Order GA-18 defines essential services to include “religious services conducted in churches, congregations, and houses of worship.” State and local government orders may not prohibit people from providing or obtaining those religious services.
Read the guidance document here.
AG Paxton Files Lawsuit to Halt Deceptive Robocallers
AUSTIN – Texas Attorney General Ken Paxton filed a lawsuit against LeadGen Sales and Marketing for initiating deceptive robocalls that violate the Texas No-Call Act, the Texas Deceptive Trade Practices Act, and fraudulently describes their purported health insurance for COVID-19 testing and treatment as “Trump Care health plans.”
LeadGen is not sponsored by or affiliated with the federal government. Several of the deceptive robocalls made by LeadGen reached Texans who registered their telephone number on the federal and/or Texas do-not-call lists.
“Situations such as the ongoing COVID-19 crisis often bring out the best of our communities; however, some scammers view a crisis as an opportunity to make a quick buck through dishonest and unlawful practices,” said Attorney General Paxton. “Robocalls like those made by LeadGen are a blatant invasion of privacy and an attempt to deceive those they call. My office will continue working diligently to stop those who look to take advantage of Texans.”
Texans who believe they have encountered deceptive trade practices or scams should call the Office of the Attorney General’s toll-free complaint line at (800) 621-0508 or file a complaint online. For additional information on disaster scams, please visit our disaster scams website.
Read a copy of the filing here.
AG Paxton Files Lawsuit to Halt Price Gouging by Cal-Maine Foods, Inc.
AUSTIN – Texas Attorney General Ken Paxton today filed a lawsuit against Cal-Maine Foods, Inc., the dominant egg supplier in Texas, for taking unfair advantage of the Governor’s COVID-19 disaster declaration and raising the price of eggs by around 300 percent without any supply issues or significant disruptions.
Price gouging laws apply to any person or entity selling necessities, such as food, at an exorbitant or excessive price after a disaster has been declared by the Governor or the President. This prohibition includes those who supply retailers.
“No one is exempt from price gouging laws in Texas, including suppliers of grocery stores and pharmacies,” said Attorney General Paxton. “My office will not tolerate any person or business taking advantage of hardworking Texans. Those who violate the Texas Deceptive Trade Practices Act will be met with the full force of the law.”
Under the Texas Deceptive Trade Practices Act, any price-gougers may be required to reimburse consumers and may be held liable for civil penalties of up to $10,000 per violation, with an additional penalty of up to $250,000 if the affected consumers are elderly.
Texans who believe they have encountered price gouging or disaster scams should call the Office of the Attorney General’s toll-free complaint line at (800) 621-0508 or file a complaint online. For additional information on disaster scams, please visit our disaster scams website.
Read a copy of the filing here.
Texas Supreme Court Overturns Injunction Against Governor Abbott’s Executive Order Prohibiting the Release of Dangerous Individuals
AUSTIN – Texas Attorney General Ken Paxton today praised the Texas Supreme Court for ruling that the Travis County District Court improperly issued a temporary restraining order against Governor Abbott’s Executive Order (GA 13), which prevents the release of potentially dangerous individuals from Texas jails.
The ruling states that district courts do not have the jurisdiction to block Executive Order GA 13 with temporary restraining orders.
“The Texas Supreme Court’s decision rightfully protects the health and safety of Texans from the unlawful release of potentially thousands of dangerous individuals into our communities. The court’s ruling rightly upholds the rule of law and maintains the integrity of our criminal justice system,” said Attorney General Paxton. “Texans must continue to work together to protect our communities during this unprecedented health crisis.”
Last week, Attorney General Paxton also successfully blocked improper inmate releases in Harris County.
The United States District Court for the Southern District of Texas in Houston denied temporary restraining orders and prevented the release of thousands of potentially dangerous inmates in Harris County, including those charged with violent crimes or who have a violent criminal history.
Read a copy of the opinion here.
Notification of Opinion
Official Request RQ-0315-KP
Applicability of the constitutional resign-to-run provision to a county constable
Official Opinion KP-0301
Constable’s statements to run for office were not made in requisite public setting, and without more, a petition with the minimum number of signatures to waive the filing fee for a place on the ballot does not amount to an announcement of candidacy.
Notification of Opinion
Official Request RQ-0313-KP
Authority of a governmental body subject to section 551.007 of the Government Code to regulate public comment sessions during open meetings
Official Opinion KP-0300
Governmental bodies may comply with Government Code section 551.007 by conducting one public comment session at the beginning of the meeting and may adopt reasonable rules to cap the total time given to each person who wishes to testify.
Request for Opinion
Official Request RQ-0351-KP
Procedures for conducting appraisal review board hearings during the COVID-19 disaster
Date Received
Friday, April 24, 2020
Official Requestor
The Honorable Mayes Middleton
Co-Chair, Joint Interim Committee to Study a Coastal Barrier System
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Request For Opinion
Official Request RQ-0352-KP
Whether a local governmental entity under an emergency declaration has the authority to prevent an owner of a second home from occupying that property or limiting occupancy of housing based on length of the occupancy’s term
Date Received
Friday, April 24, 2020
Official Requestor
The Honorable Dade Phelan
Chair, House Committee on State Affairs
Post Office Box 2910
Austin, Texas 78768-2910
Request for Opinion
Official Request RQ-0350-KP
Whether an independent school district may enter into a long-term ground lease with a private entity that intends to develop surplus property owned by the district for non-educational purposes, where the expected financial benefit to the district will exceed the current value of a sale of the property.
Date Received
Thursday, April 23, 2020
Official Requestor
The Honorable Sharen Wilson
Tarrant County Criminal District Attorney
401 West Belknap
Fort Worth, Texas 76196
The San Marcos City Council received a presentation on the Sidewalk Maintenance and Gap Infill…
The San Marcos River Rollers have skated through obstacles after taking a two-year break during…
San Marcos Corridor News has been reporting on the incredible communities in the Hays County…
Visitors won't be able to swim in the crystal clear waters of the Jacobs Well Natural…
Looking to adopt or foster animals from the local shelter? Here are the San Marcos…
The Lone Star State leads the nation in labor-related accidents and especially workplace deaths and…
This website uses cookies.