Texas Governor, AG Provide Joint Guidance For Houses Of Worship Operating As Essential Services

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/.

Request for Opinion

Official Request RQ-0342-KP
Whether, when operating under a local disaster declaration, local governments may commandeer private property under Government Code 418.108

Date Received
March 30, 2020

Official Requestor
The Honorable Matthew Mills
Hood County Attorney
1200 West Pearl Street
Granbury, Texas 76048

Request for Opinion

Official Request RQ-0343-KP
Whether article 2, section 1 of the Texas Constitution, relating to the separation of powers, applies to municipal government and the management of personnel

Date Received
Wednesday, April 1, 2020

Official Requestor
The Honorable Andrew Lucas
Somervell County Attorney
Post Office Box 1335
Glen Rose, Texas 76043

Request for Opinion

Official Request RQ-0344-KP
Whether the “warrant” and “warrant return” associated with an affidavit subject to disclosure under article 18.02 of the Code of Criminal Procedure are subject to disclosure under the Public Information Act, or any other law or regulation of the State of Texas when there is an ongoing criminal investigation

Date Received
April 8, 2020

Official Requestor
The Honorable Elmer Beckworth
Cherokee County District Attorney
Post Office Box 450
Rusk, Texas 75785

AG Paxton: Fifth Circuit Upholds Governor’s Order Halting Unnecessary Medical Procedures During COVID-19 Disaster

AUSTIN – Texas Attorney General Ken Paxton applauded the United States Court of Appeals for the Fifth Circuit for upholding Governor Greg Abbott’s Executive Order GA 09, which requires all health care facilities and professionals to postpone any unnecessary medical procedures to free up hospital beds and preserve precious medical supplies for those combating the spread of the Coronavirus (COVID-19).

Several abortion providers challenged the Executive Order in court and sought a special exemption from its requirements that are applicable to all medical facilities in Texas.

“I thank the Fifth Circuit for their attention to the health and safety needs of Texans suffering from this medical crisis. Governor Abbott’s order ensures that hospital beds remain available for Coronavirus patients and personal protective equipment reaches the hardworking medical professionals who need it the most during this crisis,” said Attorney General Paxton. “Texans must continue to work together to stop the spread of COVID-19, and we must support the health professionals on the frontlines of this battle.”

The Governor’s Executive Order applies to all health care facilities and professionals in Texas to ensure that hospitals and medical personnel have access to as much personal protective equipment and hospital beds as possible during the national health crisis.

• Read a copy of Executive Order GA 09 here.
• Read a copy of the order here.  

AG Paxton Leads Multistate Amicus Urging SCOTUS to Allow People to Sue Corporations in the State Where They Were Injured

AUSTIN – Texas Attorney General Ken Paxton and Minnesota Attorney General Keith Ellison led 40 attorneys general in an amicus brief filed with the United States Supreme Court in support of decisions by the Supreme Courts of Montana and Minnesota.

Those state supreme courts correctly ruled in favor of allowing individuals to file personal injury lawsuits in the states in which they reside and were injured, regardless of where the defendant was located.

The friend-of-the-court brief opposes an effort by large corporations to prevent individuals from filing lawsuits in their own local courts and to potentially prevent states from filing lawsuits to enforce their own laws.

“Texas must preserve the ability of its citizens and governmental agencies to file suits in Texas courts based on injuries that occurred in Texas,” said Attorney General Paxton. “Limiting the ability of Texans to file a lawsuit in the appropriate court would severely limit their ability to seek justice. It also could undermine the ability of States to take action against out-of-state businesses in order to protect their citizens.”

Read a copy of amicus here.

Governor Abbott and Attorney General Paxton Provide Joint Guidance for Houses of Worship Operating as Essential Services

AUSTIN – Governor Greg Abbott and Attorney General Ken Paxton issued joint guidance regarding the effect of Executive Order GA 14 on religious services conducted in congregations and houses of worship.

“All Texans must work together to stop the spread of COVID-19, and houses of worship face a particular challenge as we work to combat this pandemic,” said Attorney General Paxton. “This guidance provides clear direction for houses of worship to protect the health and safety of Texans as they continue to hold religious services, exercise their religious liberty, and serve their faith communities.”

The Executive Order GA 14 defines essential services to include “religious services conducted in churches, congregations, and houses of worship.”

Orders given by state or local governments prohibiting people from providing or obtaining certain services must ensure that the orders do not violate 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.

Read the joint guidance document here.