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/.
Request for Opinion
Official Request – RQ-0316-KP
Whether state or federal law preempts application of municipal development ordinances to a Water Control and Improvement District’s construction and maintenance of dams
Received
Wednesday, December 4, 2019
Official Requestor
The Honorable Lyle Larson
Chair, House Natural Resources Committee
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
AG Paxton: All U.S. Attorneys General Call on Congress to Pass Bipartisan FIGHT Fentanyl Act
AUSTIN –Attorney General Ken Paxton today joined all 56 attorneys general in calling for Congress to pass the bipartisan Federal Initiative to Guarantee Health by Targeting (FIGHT) Fentanyl Act, which permanently classifies fentanyl-related substances as Schedule I drugs and ensures that law enforcement agencies and courts have the tools they need to bring justice to those trafficking in this deadly drug.
With the support of every attorney general, the National Association of Attorneys General chose to endorse the legislation as one of its official policy positions.
“Every day, Texans cope with the unimaginable consequences of addiction to this highly dangerous drug that has virtually no medical benefit, and those supplying and trafficking in fentanyl are benefitting from the pain of vulnerable Americans,” said Attorney General Paxton. “This drug crisis demands the attention of federal, state and local law enforcement. My office will continue to do everything it can to protect Texans from the dangers of fentanyl.”
The Drug Enforcement Administration issued a temporary scheduling order for fentanyl in February 2018, allowing federal law enforcement authorities to arrest and prosecute individuals who manufacture, distribute or handle fentanyl-related substances, however, this scheduling order will expire in just two months.
To view a copy of the letter, click here.
AG Paxton Joins 18-State Coalition Urging SCOTUS to Overturn the Shutdown of a Job-Producing Pipeline
AUSTIN – Attorney General Ken Paxton announced this week that his office joined a coalition of 18 states urging the U.S. Supreme Court to overturn a lower court ruling that blocked construction on the Atlantic Coast Pipeline, impeding the nation’s economic growth.
The coalition’s friend-of-the-court brief argues that the U.S. Court of Appeals for the Fourth Circuit incorrectly ruled the U.S. Forest Service lacked authority to grant the Atlantic Coast Pipeline rights-of-way through forestland beneath federal trails.
“This pipeline is important for creating jobs and the effective transportation of natural gas, and impeding this pipeline’s development shows a disregard for both.” Attorney General Paxton said. “We must take a stand to protect hardworking Americans, continue to boost our growing economy, and preserve the security of our national power grid.”
The Atlantic Coast Pipeline will transport natural gas through five West Virginia counties en route to Virginia and North Carolina. The halting of the pipeline construction has already cost jobs and lost revenue.
In addition to Texas, the West Virginia-led brief received support from Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Utah, and Wyoming.
To read a copy of the coalition’s brief, click here.
Request for Opinion
Official Request RQ-0317-KP
Authority of county sheriff to donate forfeiture funds under Code of Criminal Procedure article 59.06 to an entity providing mental health services, drug counseling services, and services for the victims of domestic abuse
Received
Thursday, December 5, 2019
Official Requestor
The Honorable Clint T. Griffin
Schleicher County Attorney
Post Office Box 506
Eldorado, Texas 76936
Request for Opinion
Original Request RQ-0318-KP
Matters related to the Texas Windstrom Insurance Association and its compliance with House Bill 1900 and Senate Bill 615
Received
Tuesday, December 10, 2019
Official Requestor
The Honorable Larry Taylor
Chair, Committee on Education
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
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