Paxton Warns Texans On New Text Message Scam, And Municipalities On Limiting Restaurant Capacity
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/.
NEW SCAM ALERT: AG Paxton Warns Texans About Text Message Scam
AUSTIN – Attorney General Ken Paxton yesterday warned Texans about scammers sending text messages that include a false package delivery notice and a fraudulent link.
The text messages in question usually claim that a package is pending delivery and requests the recipient to “claim ownership” by providing their credit card and personal information.
Any Texan who receives a suspicious text message should take the following steps:
- Do not click on any links.
- Do not respond to the message, share the message, or give out any personal, financial, or identifying information.
- Delete the message and block the number that sent the message.
- Report the phone number and message contents to the Office of the Attorney General or the Federal Trade Commission.
Shipping companies such as DHL, UPS, FedEx, and Amazon will not contact consumers about issues with a package via text message. Unsolicited text messages, particularly those containing unfamiliar links or purporting to come from a company you have not contacted first, should always be treated with caution.
Report suspected fraud to the attorney general’s Consumer Protection Division by calling toll-free 1-800-621-0508 or by filing an online complaint at https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint.
AG Paxton Warns Brownsville Against Unlawful Order Limiting Restaurant Capacity
AUSTIN – Attorney General Ken Paxton yesterday warned the City of Brownsville against its invalid order limiting all restaurant capacity to less than 25 percent of total listed occupancy. As it stands, the city’s order directly contradicts Governor Greg Abbott’s orders and exceeds the city’s lawful authority.
Executive Order GA-28 expressly allows certain restaurants to “operate at up to 50 percent” and allows restaurants, and not cities, to decide whether to operate at capacity at or below this limitation.
“The City of Brownsville’s order clearly conflicts with Governor Abbott’s order. It is imperative that we remain consistent in our application of limitations, and that the restaurants operating within the state’s limitations are allowed to do so,” said Attorney General Paxton. “The city should immediately review and revise this unlawful order.”
Read a copy of the letter here.
AG Paxton Warns State Bar of Texas Against Adopting Rule that Would Trample Attorneys’ First Amendment Rights
AUSTIN – Attorney General Ken Paxton yesterday issued a letter urging the State Bar of Texas to drop any consideration of American Bar Association Model Rule 8.4(g). The letter warns that the proposed rule threatens the individual liberty of Texas lawyers and is unconstitutionally vague and overbroad.
In December 2016, Attorney General Paxton issued an opinion describing the Rule’s glaring unlawfulness. And in 2018, the United States Supreme Court concluded that state restrictions on “professional speech” are presumptively unconstitutional because they are content-based restrictions on speech.
Despite these rulings, the Texas Bar is set to consider on Thursday whether to refer Model Rule 8.4(g) to a committee for further consideration.
“The proposed Rule is broad enough to extend beyond judicial proceedings to include participation in education panel discussions, authoring law review articles, or even informal conversations at a bar association event. It effectively suppresses honest and thoughtful exchanges about complex issues,” said Attorney General Paxton. “Methods of addressing attorney discrimination already exist, rendering the proposed Rule not just unconstitutional, but wholly unnecessary.”
Read a copy of the letter here.
AG Paxton Commends San Antonio Federal Court for Dismissing Case Urging Changes to In-Person Voting
AUSTIN – On Tuesday, Attorney General Ken Paxton commended the United States District Court for the Western District of Texas for dismissing demands of multiple individual and organization plaintiffs who sought sweeping, judicially-imposed changes to the administration of Texas elections.
The court concluded that it lacks jurisdiction to micro-manage the election process, which is dictated by the Texas Legislature, and that it cannot overstep its constitutionally defined role.
“Protecting the integrity of Texas elections is one of my top priorities and I commend today’s decision for properly recognizing the Texas Legislature’s control over election law. Law established by the Legislature must be followed consistently,” said Attorney General Paxton. “Upending the procedures established by state and local leaders would have sown chaos and threatened to disenfranchise lawful voters.”
Read a copy of the order here.
AG Paxton Sends Letter to Cameron County Warning that it Must Allow Religious Private Schools to Open
AUSTIN – Attorney General Ken Paxton on Friday issued a letter to Cameron County Judge Eddie Treviño, warning against a control order issued jointly by Judge Treviño and the county’s health authority that specifically dictates how religious private schools may operate.
The order, which attempts to prohibit in-person instruction at religious private schools until September 28, 2020, violates the United States and Texas Constitution’s and the Texas Religious Freedom Restoration Act.
“The order prohibiting in-person instruction blatantly disregards the religious freedoms guaranteed by federal and state law, rendering it invalid,” said Attorney General Paxton. “There are robust constitutional and statutory protections unique to religious individuals and communities, specifically including religious private schools. Religious private schools may determine for themselves when to reopen free from any government mandate or interference.”
If Cameron County proceeds with enforcing the unlawful order against religious private schools, it may expose the county to liability in litigation. Attorney General Paxton previously issued guidance to religious private schools that want to open safely for in-person instruction and guidance to local governments on the limits of their authority over public and private schools.
Read a copy of the letter here.
AG Paxton Sends Letter Supporting Section 230 Rule Promoting Transparency and Accountability for Large Tech Platforms
AUSTIN – Attorney General Ken Paxton sent a comment letter to Secretary Marlene Dortch of the Federal Communications Commission, supporting the National Telecommunications and Information Agency’s Petition (the Petition) to the Federal Communications Commission to clarify provisions of Section 230 of the Communications Decency Act.
Section 230 provides online platforms liability protection for third-party content posted on their sites, and for decisions by those platforms to moderate obscene, lewd, and similarly objectionable content.
Overly broad judicial interpretations of Section 230, however, have threatened to expand that immunity to cover broad categories of misconduct by some of tech’s largest players that the plain text of Section 230 does not reach.
As a result, the reforms and clarification provided by the Petition are necessary to protect states’ ability to enforce their laws and prevent undue censorship of protected speech.
“The improper expansion of Section 230, which was intended to promote free speech, competition, and enforcement of criminal laws online, has inflated to a point where it grants the largest companies in the world the ability to violate state laws, exclude rivals, and squash political speech,” said Attorney General Paxton. “Reforms must be made to ensure that states are empowered to properly enforce their laws. First Amendment rights, penalties for criminals, and transparency must be maintained for a truly free online community to operate and thrive.”
Read a copy of the letter here.
Request for Opinion
Original Request RQ-0377-KP
Applicability of the County Purchasing Act in specific circumstances
Date Received
Thursday, September 3, 2020
Official Requestor
Ms. Becky Weston
Gonzales County Auditor
427 Saint George Street, Suite 302
Gonzales, Texas 786295
