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/.
Governor Abbott and Attorney General Paxton Provide Updated Joint Guidance to Houses of Worship
AUSTIN – On Tuesday, Governor Greg Abbott and Attorney General Ken Paxton issued updated joint guidance regarding the effect of Governor Abbott’s Executive Order GA-16 on religious services conducted by congregations and houses of worship.
It recommends strategies for houses of worship to effectively slow the spread of the Coronavirus (COVID-19) while serving their respective communities of faith.
“Government and faith communities throughout Texas must work together to care for our neighbors and slow the spread of COVID-19,” said Attorney General Paxton. “This updated guidance provides clear direction for houses of worship to protect the health and safety of their congregations as they continue to hold religious services, exercise religious liberty, and serve their faith communities.”
All emergency orders must comply with the First Amendment of the United States Constitution, Article I of the Texas Constitution, and the Texas Religious Freedom Restoration Act, which protect the rights of Texans to freely exercise their religion.
Consistent with those protections, Executive Order GA-16 defines essential services to include “religious services conducted in churches, congregations, and houses of worship.”
Therefore, orders given by state or local governments may not prohibit people from providing or obtaining those religious services.
Under GA-16, a local government may not close houses of worship.
Read the guidance document here.
AG Paxton Applauds Fifth Circuit for Prioritizing the Health and Safety of Medical Professionals Combating COVID-19 Crisis Over the Demands of Prisoners
AUSTIN – Texas Attorney General Ken Paxton today applauded the United States Court of Appeals for the Fifth Circuit for ordering a stay that blocks a lower court order sharply limiting state officials’ ability to respond to the rapidly developing COVID-19 pandemic in Texas prisons and across the State.
The district court’s injunction imposed limits on the transfer of inmates, required unrestricted access to face masks, hand sanitizer and cleaning supplies for each inmate, and imposed a plan for testing every single inmate for COVID-19. The Fifth Circuit also expedited arguments in this case.
“I thank the Fifth Circuit for prioritizing the needs of medical professionals and blocking the unreasonable demands the district court imposed on the Texas Department of Criminal Justice (TDCJ). TDCJ has already diligently implemented measures to prevent the spread of COVID-19, and our medical professionals and those suffering from this health crisis are in desperate need of personal protective equipment, supplies and testing kits,” said Attorney General Paxton. “The district court has no authority to overrule Texas’s decisions about how to manage its scarce resources, and my office will continue to defend the prioritization of medical professionals on the frontline of the battle against COVID-19.”
Read a copy of the order here.
AG Paxton: Fifth Circuit Once Again Upholds Governor’s Order Halting Unnecessary Medical Procedures, Including Abortion
AUSTIN – Texas Attorney General Ken Paxton applauded the ruling of the United States Court of Appeals for the Fifth Circuit, which once again upheld Gov. Greg Abbott’s Executive Order GA-09.
That order requires all health care facilities and professionals to postpone medical procedures that are not immediately medically necessary in order to preserve precious medical supplies for those combating the spread of the Coronavirus (COVID-19).
The court ruled that the district court’s second temporary restraining order on Executive Order GA-09, which granted abortionists an exception to the rule, was legally erroneous.
The Fifth Circuit’s ruling recognized that states have the authority to take action during public health emergencies, and those federal judges cannot usurp that authority.
“I am pleased that the Fifth Circuit once again ruled in favor of the health and safety needs of our communities and hardworking medical professionals during this unprecedented medical crisis. Without exception, Texans must continue to work together to stop the spread of COVID-19,” said Attorney General Paxton. “Governor Abbott’s order ensures that hospital beds, supplies, and personal protective equipment remain available for the medical professionals on the frontlines of this battle.”
Read a copy of the opinion here.
Judge Rules Texas Felons Deserve Personal Protective Equipment Over Frontline Warriors in Fight Against COVID-19
AUSTIN –Texas Attorney General Ken Paxton decried a preliminary injunction issued by the United States District Court in the Southern District of Texas that prioritized the health concerns of convicted criminals over those of medical professionals.
The injunction issued late last night imposes limits on the transfer of inmates, unrestricted access to facemasks, hand sanitizer and cleaning supplies for each inmate, and a plan for testing every single inmate for COVID-19.
“It is outrageous that Texas should provide inmates with unlimited personal protective equipment and testing kits when the medical professionals currently combating this health crisis are in desperate need of supplies to protect themselves and the Texans who are actually suffering from this virus. This acute national health crisis is not the time for judicial activism,” said Attorney General Paxton. “In the same way a federal judge tried to order personal protective equipment to abortion providers, now a judge wants supplies reserved for hardened criminals. Medical professionals on the frontline of this battle cannot be pushed aside.”
There is currently a lack of testing kits nationwide, and this order blatantly prioritizes access for Texas inmates while medical professionals actively combating the spread of COVID-19 still face supply shortages.
AG Paxton Urges Fifth Circuit to Block District Court Ruling That Prioritizes Felons Over Frontline Warriors in Fight Against COVID-19
AUSTIN – Texas Attorney General Ken Paxton filed a motion to stay with the United States Court of Appeals for the Fifth Circuit, urging the court to block a lower court’s order that prioritized the demands of prison inmates over the safety of medical professionals.
The district court’s injunction imposes limits on the transfer of inmates, requires unrestricted access to face masks, hand sanitizer and cleaning supplies for each inmate, and imposes a plan for testing every single inmate for COVID-19.
“Texas must continue to support those on the frontline of the battle against COVID-19. In the midst of nationwide shortages, medical professionals and those actually suffering from this health crisis are in desperate need of personal protective equipment, supplies, and testing kits,” said Attorney General Paxton. “It is absurd to prioritize inmates’ health concerns over those of hardworking medical professionals and demand unreasonable expansion of the resources and processes already implemented by the Texas Department of Criminal Justice (TDCJ). The district court has no authority to overrule Texas’s decisions about how to manage its scarce resources.”
The TDCJ has already implemented several measures to help prevent the spread of COVID-19, including limiting the number of inmates in gathering areas, enforcing social distancing, reducing traffic in and out of the facility, frequently cleaning surfaces with bleach-based products, and establishing screening measures to identify and isolate inmates suffering from COVID-19 symptoms.
Read a copy of the motion here.
Request for Opinion
Official Request RQ-0347-KP
Authority of a county judge to issue emergency orders regulating the business of pawnshops during a declared disaster
Date Received
Monday, April 20, 2020
Official Requestor
The Honorable Dan Flynn
Chair, House Committee on Defense & Veterans Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Request for Opinion
Official Request RQ-0348-KP
Whether a professional employer organization that conducts money transmission as defined in the Finance Code is subject to licensure under the Finance Code, notwithstanding licensure as a professional employer organization under the Labor Code
Date Received
Tuesday, April 22, 2020
Official Requestor
Mr. Charles G. Cooper
Banking Commissioner
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705
Request for Opinion
Official Request RQ-0346-KP
Extension of driver’s license expiration dates due to COVID-19 and its effect on firearms purchases
Received
Thursday, April 14, 2020
Official Requestor
The Honorable Briscoe Cain
Chair, House Select Committee on Driver’s License Issuance & Renewal
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
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