Attorney General To Temporarily Suspend A Limited Number Of Open Meeting Laws

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/.

CONSUMER ALERT: AG Paxton Reminds Texans to Be Aware of Cyber Scams During Coronavirus Pandemic

AUSTIN – Texas Attorney General Ken Paxton continues to caution Texans about scams emerging during the statewide Coronavirus disaster declaration announced by Governor Abbott last Friday.

Several cyber scams involving false emails or text messages have been reported, and Attorney General Paxton advises all Texans to be on alert for electronic communications with dangerous attachments or fraudulent website links.

Unscrupulous actors send these messages with the intention of deceiving citizens into revealing sensitive information or donating to false charities.

Any email or social media post with a Coronavirus (COVID-19) subject line, attachment or hyperlink should be treated with caution.

Remember these tips to avoid cyber scams:

• Avoid clicking on links in unsolicited emails and be wary of email attachments.
• Use trusted sources like legitimate, government websites for up-to-date, fact-based information about COVID-19.
• Do not reveal any personal or financial information in an email, and do not respond to any email solicitations for this information.
• Verify a charity’s authenticity before making donations.

The current disaster declaration is effective across the entire state, and under Texas consumer protection statutes, it is illegal for a person to take advantage of a disaster declaration by engaging in deceptive trade practices.

Texans who believe they have encountered 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.

For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services.

Governor’s Office Clears Path for Governmental Bodies to Meet Telephonically or by Videoconference During Coronavirus Disaster

AUSTIN – Governor Abbott approved a request by the Office of the Attorney General to temporarily suspend a limited number of open meeting laws in response to the Coronavirus (COVID-19) disaster.

This action will allow governmental bodies to conduct meetings by telephone or video conference to advance the public health goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the Coronavirus (COVID-19).

Importantly, however, this action does not suspend requirements that governmental bodies conduct meetings in a transparent and accessible manner.

Specifically, governmental bodies are still be required to do the following: 

• provide online written notice containing a public toll-free dial-in number or a free-of-charge videoconference link, as well as an electronic copy of any agenda packet, before conducting telephonic or video conference meetings; 
• provide the public with access and a means to participate in those meetings, preferably through two-way audio or video connections; and 
• provide the public with access to a recording of those meetings.  

Please click here for a complete list of the open meeting provisions that have been temporarily suspended.

State agencies and local governmental bodies may contact the Office of the Attorney General with questions about the suspension order by telephone at (888) 672-6787 or via email at TOMA@oag.texas.gov.

Officials with questions about teleconference and video conference capabilities offered by the Texas Department of Information Resources should visit dir.texas.gov or call (512) 475-4700.

For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services. 

AG Paxton Warns Texans of Scammers Taking Advantage of Coronavirus Emergency

AUSTIN – Texas Attorney General Ken Paxton today cautions Texans to be aware of scams in light of the statewide Coronavirus disaster declaration announced earlier today by Governor Abbott.

“Situations like this usually bring the best of our communities to the forefront with cooperation, aid, and compassion. Unfortunately, some criminals take advantage of troubling circumstances to steal from hard-working Texans,” said Attorney General Paxton. “As communities prepare to prevent the spread of Coronavirus and care for those in need, my office will work diligently to stop the scams perpetrated by those who look to take advantage of our citizens.”

In addition to price gouging and deceptive trade practices, cyber scams have been reported.

Cyber actors may send emails with dangerous attachments or fraudulent website links intended to deceive citizens into revealing sensitive information or donating to false charities.

Any social media posts or email with a Coronavirus (COVID-19) subject line, attachment or hyperlink should be treated with caution. The U.S. Department of Homeland Security issued these precautions:  

• Avoid clicking on links in unsolicited emails and be wary of email attachments.
• Use trusted sources – such as legitimate, government websites – for up-to-date, fact-based information about COVID-19.
• Do not reveal personal or financial information in email, and do not respond to email solicitations for this information.  
• Verify a charity’s authenticity before making donations. 

Under state law, once the governor issues a disaster declaration, vendors are prohibited from charging exorbitant prices for necessities such as drinking water, food, batteries, medicine, lodging, and more.

Currently, the disaster declaration is effective across the entire state, and under Texas consumer protection statutes, it is illegal for a person to take advantage of a disaster declaration by engaging in deceptive trade practices.

Texans who believe they have encountered disaster scams should call the Office of the Attorney General’s toll-free complaint line at (800) 621-0508 or file a complaint online at www.texasattorneygeneral.gov/consumer-protection.

For additional information on disaster scams, please visit our website at www.texasattorneygeneral.gov/cpd/disaster-scams.

For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services at dshs.texas.gov/coronavirus/.

AG Paxton Establishes Resource Webpage for Volunteer Security in Houses of Worship

AUSTIN – Attorney General Ken Paxton today launched a webpage containing educational materials and resources for volunteer security teams to legally and effectively protect houses of worship.

The webpage at www.texasattorneygeneral.gov/houses-worship details Texans’ constitutional rights, necessary laws and licenses related to carrying firearms, and training resources for security volunteers in houses of worship.

“As we recently witnessed in the heroic actions of Jack Wilson during the White Settlement Church shooting, volunteer security at houses of worship can provide immediate, life-saving responses that protect worshipers in dangerous situations,” said Attorney General Paxton. “Nobody should fear for their life while attending a worship service. With this easily accessible webpage, the brave men and women who make up volunteer security teams across the state can be equipped with the information and resources they need to protect their communities.”

Texas law allows churches, synagogues, and other established places of worship to establish security teams without obtaining a license or permission from the state if the volunteer security team members are:

• unpaid volunteers;
• providing services on the premises of the place of worship; 
• not wearing a badge or uniform that identifies them as security or creates the impression that they are law enforcement officers or personal protection officers.

In addition to clear descriptions of the law, the new webpage also features pathways to security training programs and grant funding opportunities that empower volunteer security teams to protect worshipers from any potential threat.

Notification of Opinion

Official Request RQ-0309-KP
Whether revenue generated from inmates’ use of a PIN debit system to pay for phone time must be credited to the county jail commissary account or to the county general fund.

Official Opinion KP-0295
Revenue generated from inmate use of a PIN debit system to pay for phone time must be credited to the county’s general fund.

Notification of Opinion

Official Request RQ-0307-KP
Whether a real estate inspector is authorized to perform inspections of sewer lines by camera.

Official Opinion KP-0294
Occupations Code Chapter 1102’s express authorization for a real estate inspector to provide an opinion on real estate’s “plumbing systems” likely includes a camera inspection; thus, to the extent, the Texas State Board of Plumbing Examiners’ rule requires a real estate inspector to get a plumber’s license to perform a job that is within the scope of the real estate inspector’s license, a court would most likely consider the rule invalid.

Request for Opinion

Official Request RQ-0338-KP
Authority of a county investigator to carry a firearm in the courtroom

Date Received
Monday, March 16, 2020

Official Requestor
The Honorable Geanie W. Morrison
Chair, House Local & Consent Calendars Committee
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Request for Opinion

Official Request RQ-0337-KP
Whether the State may require title and registration for three-wheeled, electric, low-speed vehicles

Date Received
Monday, March 16, 2020

Official Requestor
The Honorable Tracy O. King
Chair, House Committee on Licensing and Administrative Procedures
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910