AG Paxton: Federal interference in state election law violates the constitution

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.

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To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.

AG Paxton: Federal Interference in State Election Law Violates the Constitution

AUSTIN – Attorney General Ken Paxton joined a letter warning United States House and Senate leaders of Constitutional deficiencies within H.R. 1, the For the People Act of 2021, which unfortunately passed the House recently.

Under both the Elections Clause of Article I of the Constitution and the Electors Clause of Article II, States have principal responsibility to safeguard elections. The Act would invert that structure, commandeer state resources, muddle election procedure, and erode faith in our elections.

“This Act fails to live up to its name. It does not empower the people; it places them and their local leaders directly under the thumb of the federal government. Our Founding Fathers intentionally excluded Congress and gave state legislatures the authority to run state elections. Instead, this Act flips the Constitutional script and empowers the federal government to act as the election regulator for states,” said Attorney General Paxton. “The Act opens elections in every state to widespread fraud, mixed messaging, Constitutional violations, and shuttering of speech. Should it become law, I will use every possible resource to protect our elections, state sovereignty, and the rights of all Texans.”

Despite the Supreme Court’s admonition that the “Federal Government may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer or enforce a federal regulatory program,” the Act blatantly interferes in state election processes.

Provisions in the Act detrimental to our Constitutional order and election security include federal commandeering of election regulation, mandating mail-in voting, requiring states to accept late ballots, overriding state voter identification laws, and mandating states conduct redistricting through unelected commissions.

Read a copy of the letter here. 

AG Paxton Expands Winter Storm Investigation into Natural Gas Price Increases

AUSTIN – Attorney General Ken Paxton today issued a Civil Investigative Demand (CID) to Intercontinental Gas Exchange, a natural gas exchange that saw massive price increases during the February winter storm that swept through Texas.

“As we learn more about what drove pricing spikes during the recent winter storm disaster, I am expanding the scope of my investigation to include the natural gas industry as well as electricity providers,” said Attorney General Paxton. “These massive price increases impacted businesses and consumers alike and will have long term effects on Texas. Hardworking Texans who pulled together to get their communities through this disaster deserve transparency and justice.”

Two weeks ago, Attorney General Paxton issued 12 CIDs to power companies seeking information related to power outages, emergency plans, energy pricing, and more.

Read a copy of the CID to Intercontinental Gas Exchange here. 

AG Paxton’s Law Enforcement Round-Up

AUSTIN – The Child Exploitation Unit made one arrest last week regarding child pornography.

In Anderson County, the Child Exploitation Unit arrested Rusty Bryant, 21, of Palestine on March 2. Bryant was charged with three counts of Possession of Child Pornography.

This case was received as a NCMEC CyberTipline report involving the upload of child pornography to a social media account.

Investigators located multiple files of child pornography on digital devices at Bryant’s home and seized multiple items for examination by the Digital Forensics Unit. Bryant was transported to the Anderson County Jail.

Human Trafficking Unit

In Williamson County, Darian Terrell Simpson, 22, of Webberville was arrested for Sexual Assault and Indecency with a Child on March 3.

Simpson was taken into custody at a residence in Round Rock after warrants were issued and the Williamson County Juvenile Services Department requested assistance regarding a minor in their care who exhibited signs of being sex trafficked.

It was determined that Simpson sexually assaulted the minor victim, as well as engaged in sexual contact with her. Simpson was transported to the Williamson County Jail.

In Brown County, investigators with the Fugitive Apprehension Unit arrested Christina C. Gibbons, 45, of Chandler on March 3.

This case was received as a request for investigative assistance from the Department of Family and Protective Services (DFPS) regarding the abduction of two minor children by their parents, Robert Tickle and Christina Gibbons.

A Henderson County Judge issued an order for the children to be placed with DFPS, however the family fled with the children prior to the removal.

Using information from the Attorney General’s Office, Georgia officials were able to detain and arrest Robert Tickle, 55, of Chandler for unrelated offenses.

The two minor children, who had been missing since June 2020, were turned over to DFPS custody.

Gibbons was arrested for an outstanding Henderson County warrant for Interference with Child Custody and transported to the Brown County Jail.

Fugitive Apprehension Unit

In Galveston County, the Unit arrested Lauren Nicole Duff in Galveston on March 1.

Duff had an outstanding warrant for Abandon/Endanger Child Intentionally, Knowingly, Recklessly – Criminal Negligence by the Galveston Police Department. Duff’s children tested positive for multiple controlled substances.

This arrest was made in coordination with the Gulf Coast Violent Offender Task Force (Galveston).

In Harris County, the Unit arrested Guadalupe Garza, Jr. in Houston. Garza had an outstanding Parole Violation warrant from TDCJ and a Fail to Register as a Sex Offender warrant from Harris County.

In 1994, Garza was convicted of Aggravated Sexual Assault in Brazoria County and was sentenced to 40 years in prison.  Garza is a confirmed Texas Syndicate Gang Member.

In Harris County, Keandre Dewayne Green was arrested in Webster on March 4. Green had an outstanding warrant for Murder issued by the Galveston Police Department.

This arrest was made in coordination with the Gulf Coast Violent Offender Task Force (Galveston).

In Tarrant County, the Unit arrested Francisco Najera in Grand Prairie on March 2. Najera had an outstanding warrant for Indecency with a Child issued by the Grand Prairie Police Department.

Medical Fraud Unit Arrests

In Harris County, four people were indicted for Conspiracy to Commit Healthcare Fraud.

On March 2, Hamid Razavi and Farrah Farizani surrendered to authorities in Houston, and Juan Acuna and Elie Hajjar were taken into custody by FBI, HHS, MFCU and Harris County Precinct 1 deputies.

Razavi, Farizani and Hajjar were each charged with one count of Conspiracy to Commit Healthcare Fraud and five counts of False Statements relating to Healthcare Matters.

Acuna was charged with one count of Conspiracy to Commit Healthcare Fraud.

Dr. Farrah Farizani and Hamid Razavi, owners of Hillcroft Physicians, allegedly permitted medically unlicensed employees Elie Hajjar and Juan Acuna to practice medicine and render medical services, then billed Medicaid and Medicare as though Farizani had provided those services. 

AG Paxton: Environmental Protection Division Recoups Over $2.4 Million

AUSTIN – Texas Attorney General Ken Paxton today announced that the Environmental Protection Division has already recovered a staggering $2.4 million in civil litigation for the 2021 Fiscal Year.

In addition, the state receives an annual economic damage payment of over $6 million for the Deepwater Horizon event that will be collected annually through 2033 to remedy that environmental disaster.

“I am extremely honored to have a detail-oriented and dedicated team fulfilling their pledge to protect all Texans. The work coming from the Environmental Protection Division is more than just a significant source of revenue for the state; we are making Texas a better place to live,” Attorney General Paxton said. “This division minimized its costs while holding companies that impact our environment to a standard that first and foremost prioritized the lives of Texans.”

Some of the cases that contributed to this total in 2021 include:

• State of Texas and City of Dallas v. Bluestar Recycling – $55,000 and the removal of 75,000 tons of waste material
• State of Texas v. Valero Energy Partners – $245,000
• USA and State of Texas v. City of Corpus Christi – $1,136,000

The Environmental Protection Division saw a 1,500 percent increase in recovered civil litigation fees for the 2021 Fiscal Year in comparison to 2020.

Texas Shuts Down Fraudulent Nationwide Telephone Scam

AUSTIN – Attorney General Ken Paxton today announced that Texas, along with the Federal Trade Commission (FTC), 38 states, and the District of Columbia, stopped a massive telefunding operation by Associated Community Services (ACS) and a number of related defendants that bombarded over 67 million Americans with 1.3 billion deceptive calls falsely purporting to raise money for charity.

Using deceptive solicitations, the fraudsters were able to collect more than $110 million. The defendants are now prohibited from conducting fundraising activities, consulting on behalf of any charitable or nonprofit organization, and using robocalls for any form of telemarketing.

“My office will continue to stand up for good-hearted Texans who give donations to what they believe is a worthy cause. I will not stand by while fraudsters attempt to deceive the generous citizens of our state in order to line their own pockets,” said Attorney General Paxton. “Today’s settlement is yet another warning to would-be fraudsters – do not mess with Texas.”

The lawsuit charged ACS and other defendants with fraudulently collecting money for charitable causes, knowingly violating the Telemarketing Sales Rule, and making harassing calls, which sometimes reached more than 1.3 million phone numbers more than ten times in a single week and 7.8 million numbers more than twice in one hour.

ACS was also the major fundraiser for the fraudulent Cancer Fund charities that were shut down by the FTC and states, led by Texas, in 2015.

• Read a copy of the stipulation for ACS here.
• Read a copy of the stipulation for Burlands here.
• Read a copy of the stipulation for CSA here.
• Read a copy of the stipulation for Directele here.
• Read a copy of the stipulation for Lucidi here.
• Read a copy of the stipulation for Stepek here. 

Notification of Opinion

Official Request Summary RQ-0383-KP
Government restrictions on an individual’s right of access to clergy due to the COVID-19 pandemic.

Official Opinion Summary KP-0362
Application of the Texas Religious Freedom Restoration Act on an individual’s right of access to clergy due to the COVID-19 pandemic.

Notification of Opinion

Official Request Summary RQ-0380-KP
Whether article III, section 53 of the Texas Constitution prohibits a one-time bonus for the administrative staff of the county’s justices of the peace.

Official Opinion Summary KP-0361
Constitutionality of paying a one-time bonus to the administrative staff of county’s justices of the peace

Notification of Opinion

Official Request Summary RQ-0378-KP
Application of Government Code chapter 573, regarding nepotism, to the candidacy for sheriff of a person who is a brother of the current county judge, and associated questions regarding the county judge’s role as a member of the county commissioners court with respect to budget and election matters involving the sheriff.

Official Opinion Summary KP-0360
County judge’s brother’s candidacy for sheriff does not violate nepotism or conflict-of-interest statutes in described circumstances

Notification of Opinion

Official Request Summary RQ-0364-KP
Whether subsection 38.001(f) of the Education Code and title 25, section 97.62 of the Administrative Code allow school districts, during an epidemic, to exclude students who decline vaccinations for reasons of conscience even when such vaccinations are unrelated to the epidemic.

Official Opinion Summary KP-0359
Pursuant to subsection 38.001(f) of the Education Code, the Legislature provided that a student who has not received the immunizations required by law “for reasons of conscience, including because of the person’s religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of public health.”

Read in context, a court likely would conclude that this exception does not permit exclusion of students who lack vaccinations unrelated to an existing “epidemic” contemplated by subsection 38.001(f).

Depending on the particular facts at issue, a court could find exclusion from school for refusal to obtain a vaccine unrelated to the existing epidemic to be arbitrary and unreasonable and overturn the exclusion for this purpose.

Further, to the extent a school was to exclude a student who had declined required immunizations unrelated to an existing epidemic due to a sincere religious belief, a court could find this to be a substantial burden on the student’s religious freedom and potentially a violation of the U.S. and Texas constitutions.

Accordingly, subsection 110.003(a) of the Civil Practice and Remedies Code requires that only the least restrictive means of furthering a compelling government interest may be utilized in placing such a substantial burden.

If less restrictive means exist to accomplish that objective, a court could find that a specific student’s exclusion in such circumstances from school under Education Code subsection 38.001(f) violates the Texas Religious Freedom Restoration Act.