Weekly News Round Up Of The State’s Top Law Enforcement Officer – Texas Attorney General

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/.

WEEKLY NEWS ROUND-UP OF THE STATE’S

TOP LAW ENFORCEMENT OFFICER…

THE TEXAS ATTORNEY GENERAL

AG Paxton Files Brief with State’s Highest Criminal Court to Defend Texas’ Anti-Revenge Pornography Law

AUSTIN – Attorney General Ken Paxton today filed a friend-of-the-court brief defending Texas’ anti-revenge pornography law. He asked the Texas Court of Criminal Appeals to overturn last year’s decision by the 12^th Court of Appeals that blocked the law.

In 2015, the Texas Legislature passed the anti-revenge pornography law with unanimous support from the House and Senate. It made it a Class A misdemeanor to post intimate photos or videos of someone on the internet without their consent.

A conviction could bring a fine of up to $4,000 and a sentence of up to one year in jail. The law was inspired by the case of a Texas woman who had no legal recourse after learning that intimate photos of her were posted online.

In his brief, Attorney General Paxton told the state Court of Criminal Appeals that the statutory text of the anti-revenge pornography law is consistent with the First Amendment because it only criminalizes non-consensual public disclosures of sexual images in cases where the depicted person has an expectation of privacy.

“The court should rehear the case and uphold Texas law to ensure that individuals who maliciously exploit the nonconsensual images of their victims are held criminally accountable,” Attorney General Paxton said. “Revenge porn can shatter lives, destroy careers and devastate families. Texas has an obligation to bring the perpetrators of these crimes to justice.”

The ruling by the 12th Court of Appeals in Tyler included an order that a lower court dismiss charges against Jordan Bartlett Jones, who was accused of posting an intimate photo of a woman without her consent. Jones challenged the Texas law as unconstitutional.

Texas is one of more than two dozen states, along with the District of Columbia, with laws against posting sexually explicit images of individuals online without the individuals’ consent.

View a copy of the friend-of-the-court brief here.

AG Paxton Reaches Settlement with Unofficial Ticket-Seller for Deceptive Hidden Fees

AUSTIN – Attorney General Ken Paxton today filed a final judgment and permanent injunction against Guided Tourist, LLC, an Austin-based third-party online booking company that advertises and sells tickets to tour national parks and monuments, including the Statue of Liberty and Alcatraz Island.

The State’s lawsuit shows that Guided Tourist, LLC failed to disclose to consumers that it is not as official ticket vendor and inadequately discloses its booking fees, legal name, contact information, hours of operation, and refund policy.

The judgment orders Guided Tourist, LLC to provide notice to Texas customers that they may be eligible to receive a refund of any undisclosed fees imposed by the company.

Additionally, Guided Tourist, LLC must respond to complaints filed by Texas consumers by refunding any undisclosed mandatory fees in full.

“All Texans deserve to know exactly what a company is charging them when they make a purchase. Hidden fees and unnecessary charges on ticket sales are deceptive and unjust,” Attorney General Paxton said. “I look forward to seeing the Texans who have been tricked by this business receive a full reimbursement of their hard-earned money.”

The judgment in this case also orders Guided Tourist, LLC to pay $132,000 to the State of Texas in addition to the reimbursement of hidden, mandatory fees charged to Texas consumers through these unofficial ticket sales.

Texans who believe they are victims of a scam can file an online complaint with the attorney general’s office at https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint.

Request For Opinion

Request for Opinion: Regulatory authority over the administration of anesthesia when delegated by a physician to a nurse anesthetist

Read Full Request: RQ-0278-KP

Received: Tuesday, March 26, 2019

Re: Regulatory authority over the administration of anesthesia when delegated by a physician to a nurse anesthetist

Requestor: Sherif Zaafran, M.D.
President
Texas Medical Board
Post Office Box 2018
Austin, Texas 78768-2018

AG Paxton Files Brief with State’s Highest Criminal Court to Defend Texas’ Anti-Revenge Pornography Law

AUSTIN – Attorney General Ken Paxton today filed a friend-of-the-court brief defending Texas’ anti-revenge pornography law. He asked the Texas Court of Criminal Appeals to overturn last year’s decision by the 12^th Court of Appeals that blocked the law.

In 2015, the Texas Legislature passed the anti-revenge pornography law with unanimous support from the House and Senate. It made it a Class A misdemeanor to post intimate photos or videos of someone on the internet without their consent.

A conviction could bring a fine of up to $4,000 and a sentence of up to one year in jail. The law was inspired by the case of a Texas woman who had no legal recourse after learning that intimate photos of her were posted online.

In his brief, Attorney General Paxton told the state Court of Criminal Appeals that the statutory text of the anti-revenge pornography law is consistent with the First Amendment because it only criminalizes non-consensual public disclosures of sexual images in cases where the depicted person has an expectation of privacy.

“The court should rehear the case and uphold Texas law to ensure that individuals who maliciously exploit the nonconsensual images of their victims are held criminally accountable,” Attorney General Paxton said. “Revenge porn can shatter lives, destroy careers and devastate families. Texas has an obligation to bring the perpetrators of these crimes to justice.”

The ruling by the 12th Court of Appeals in Tyler included an order that a lower court dismiss charges against Jordan Bartlett Jones, who was accused of posting an intimate photo of a woman without her consent. Jones challenged the Texas law as unconstitutional.

Texas is one of more than two dozen states, along with the District of Columbia, with laws against posting sexually explicit images of individuals online without the individuals’ consent.

View a copy of the friend-of-the-court brief here.

REQUEST FOR OPINION

Original Request for Opinion: Protections against excessive fines under the U.S. and Texas Constitutions

Read Full Request: RQ-0277-KP

Received: Friday, March 22, 2019

Re: Protections against excessive fines under the U.S. and Texas Constitutions

Requestor: The Honorable James White
Chair, Committee on Corrections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

AG Paxton Files Lawsuit Against Intercontinental Terminals Company for Violations of the Texas Clean Air Act

AUSTIN – Acting on behalf of the Texas Commission on Environmental Quality (TCEQ), Attorney General Ken Paxton today filed an environmental lawsuit against Intercontinental Terminals Company (ITC) seeking injunctive relief and civil penalties in connection with a fire at ITC’s Deer Park petrochemical storage site.

The lawsuit alleges that the fire, which began last Sunday and continued burning until Wednesday, released air pollution in violation of the Texas Clean Air Act.

The fire caused the release of several air contaminants, including benzene. Most of the chemicals identified in the fire are used in the production of gasoline, and short-term exposure to their fumes can cause fatigue, dizziness, and headaches.

Twice this week, residents of Deer Park and neighboring Galena Park were told to stay indoors because of concerns about unhealthy air quality. Those concerns also prompted Deer Park ISD and several other districts to cancel classes for several days.

“The state of Texas works hard to maintain good air quality and will hold ITC accountable for the damage it has done to our environment,” Attorney General Paxton said. “ITC has a history of environmental violations, and this latest incident is especially disturbing and frightening. No company can be allowed to disrupt lives and put public health and safety at risk.”

TCEQ continues to monitor the air quality in the affected areas about 20 miles east of Houston.

“I would like to thank the Attorney General for acting so quickly on TCEQ’s request to enforce against ICT, LLC,” stated TCEQ Executive Director Toby Baker. “Due to the dynamic, ongoing investigation of this incident, only air quality violations have been cited in the state of Texas lawsuit against ICT, LLC.  Any additional violations, including surface water quality, will be referred to the Office of Attorney General for civil enforcement as part of this action.”

The federal Chemical Safety Board, which investigates serious chemical accidents, announced yesterday that it is opening an investigation into the ITC fire.

View a copy of the lawsuit here.

AG Paxton Commends Governor Abbott’s Appointment of Assistant Texas Solicitor General Kristofer Monson to Chief Administrative Law Judge

AUSTIN – Attorney General Ken Paxton today applauded Governor Greg Abbott’s appointment of current Texas Assistant Solicitor General Kristofer Monson to Chief Administrative Law Judge for the State Office of Administrative Hearings (SOAH).

The Chief Administrative Law Judge oversees SOAH, which is a forum for the conduct of adjudicative hearings in the executive branch of state government.

“Kris Monson has proven himself to be a brilliant legal mind through his record of excellent public service and professionalism,” Attorney General Paxton said. “I am confident that Kris will faithfully fulfill his duty to the rule of law in the great state of Texas, and I look forward to his confirmation by the Senate.”

Monson, who grew up in Driftwood, Texas, has been with the attorney general’s office for 15 years. His legal expertise is in Texas administrative practice and procedures.

Monson received his undergraduate degree from Wabash College and a Juris Doctor from the University of Texas School of Law. Monson is a member of the State Bar of Texas, 5th Circuit Bar, United States Supreme Court Bar, and the Western District of Texas Bar.

FY 2020 – 2021 Crime Victim Services Grants Applications

This e-mail contains general information about the Fiscal Years (FY) 2020-2021 Office of the Attorney General (OAG)-Crime Victim Services grant cycle including important information about the upcoming application process, timeline and requirements.

Timeline March 8, 2019 – Request for Applications (RFAs), Application Kits and On-line registration will be posted and available for the following three grant opportunities:

• Other Victim Assistance Grant (OVAG)
• Victim Coordinator and Liaison Grant (VCLG)
• Sexual Assault Prevention and Crisis Services (SAPCS)-State funding March 22, 2019

OAG strongly encourages Applicants to register by this date in order to have sufficient time to complete the application.

April 12, 2019 – Due date for application submission via Grant Offering and Application Lifecycle System (GOALS).

Specific submission instructions are in the Application Kit. August 2019 – OAG plans to notify Applicants of its decision regarding a grant award.

Please note, if you have already registered please disregard the Applicant Registration information. Applicant Registration

MANDATORY All applicants are required to register on-line in order to apply for funding.

In order to register, an Applicant must designate one person as their point of contact to submit their grant application.

To create an on-line account the applicant must email the point of contact information to Grants@oag.texas.gov with the following information:

• First Name
• Last Name
• Email Address
• Organization Legal Name: The point of contact will receive a welcome email from GOALS and will be prompted to create a password.

**Registration is mandatory. Applicants who fail to complete the on-line registration will not be considered for funding.

** If you have any questions about the application process, email Grants@oag.texas.gov or call (512) 936-0792.

Please continue to check the OAG Grants website where the Application Kit and Registration process will be available.

For more information visit website https://www.texasattorneygeneral.gov/divisions/grants.