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 Defends Legal Standards Keeping Violent Criminals in Prison
AUSTIN – Attorney General Ken Paxton today defended the existing federal standards to maintain criminal sentences. Today’s argument at the U.S. Court of Appeals for the 5th Circuit aims to hold the legal standards in place and keep admitted pedophile Ricky Langley in prison for the murder of a six-year-old boy. Loosening the standards for criminals to overturn their convictions could subvert necessary criminal justice procedures and risk public safety.
“The courts should not change the law and allow a man found guilty of murdering a child to walk free,” Attorney General Paxton said. “The Louisiana court acted justly and in accordance with established federal law when it convicted and sentenced Langley for this horrific crime. I am confident the federal court will protect and preserve our criminal justice system, and continue to hold dangerous, violent criminals accountable for their crimes.”
Langley has been tried and convicted three times for the killing of a six-year-old boy and is now seeking to escape his prison sentence by claiming that the Louisiana court violated federal standards when it allowed a jury to find he specifically intended to kill or cause great bodily harm to the boy. The Texas attorney general’s office today argued the type of extraordinary relief that Langley seeks is intended as a “guard against extreme malfunctions” of the court and is not applicable in this case.
AG Paxton Launches New Dose of Reality Website to Educate Texans About the Dangers of Opioid Abuse
AUSTIN – In his office’s latest initiative to combat the nation’s opioid crisis, Attorney General Ken Paxton today launched Dose of Reality, a new comprehensive website to inform and educate Texans about the dangers of misusing prescription painkillers. The new site is available at www.DoseofReality.Texas.gov. Attorney General Paxton was joined at a press conference by Department of State Health Services Commissioner Dr. John Hellerstedt and Health and Human Services Executive Commissioner Courtney N. Phillips.
“The misuse and abuse of prescription opioids cost lives and devastate Texas families in every region of our state,” Attorney General Paxton said. “Opioids such as OxyContin and hydrocodone are prescribed by doctors to treat moderate to severe pain, but have serious risks and side effects. When patients are not well informed, these drugs can inflict far more pain than they prevent. The Dose of Reality website is intended to give Texans the information they need to avoid those unintended consequences. My office will continue to do everything it can to protect Texans from the opioid crisis.”
Dose of Reality provides individuals, patients, health care providers, teachers, coaches and others with opioid-related resources in one location, allowing for quick and easy access to vital information. The new website includes details on approaches to preventing opioid abuse and addiction, proper pain management, safe storage of prescription painkillers and guidelines on responding to an opioid overdose. It also features a statewide take back map of locations that accept prescription opioids for safe disposal.
Opioids are a family of drugs that include prescription painkillers such as OxyContin as well as illegal drugs like heroin. Each day, 115 Americans die of opioid overdoses. Nationwide, there were 42,249 opioid overdoses in 2016, including 1,375 opioid-related deaths in Texas. The death toll attributed to opioids in the U.S. has quadrupled over the last two decades.
In 2017, Attorney General Paxton and a bipartisan group of 40 other state attorneys general initiated an investigation into whether companies that manufacture and distribute prescription opioids engaged in unlawful practices. Last May, Attorney General Paxton filed a major consumer protection lawsuit against Purdue Pharma for violating the Texas Deceptive Trade Practices Act involving the company’s prescription opioids, including OxyContin.
The nationally acclaimed and award-winning Dose of Reality website was conceived by the Wisconsin Department of Justice (DOJ) in September 2015 provided to Texas, Arkansas, Georgia, Maine, Minnesota and Nebraska at no cost. Attorney General Paxton’s office partnered with the Wisconsin DOJ, Texas Health and Human Services Commission and the Texas Department of State Health Services on content development for DoseofReality.Texas.gov.
To view the press conference, click here: https://www.facebook.com/TexasAttorneyGeneral/videos/381897475701392/.
AG Paxton Announces $120 Million Settlement with Johnson & Johnson for Falsely Marketing Hip Replacement Devices Agreement secures $8.5 Million for Texas
AUSTIN– Attorney General Ken Paxton today announced that Texas will receive $8.5 million as part of a $120 million multistate settlement with Johnson & Johnson and its DePuy Orthopaedics unit resolving alleged unfair and deceptive marketing of two hip replacement devices.
Texas and 45 other states accused Johnson and Johnson and DePuy of making false claims about the longevity of the ASR XL and Pinnacle Ultamet metal-on-metal hip implant devices. Patients who underwent hip replacements with the devices later complained of a variety of health issues. The ASR XL was recalled from the market in 2010 and the Pinnacle Ultamet was discontinued in 2013.
“Companies that falsely market their medical products dangerously jeopardize patients’ health in order to increase profits,” Attorney General Paxton said. “Consumers must be able to trust that the advertised benefits of hip implant devices are backed by solid scientific evidence, not exaggerated claims.”
Under terms of the settlement, DePuy agreed to revise how it markets and promotes its hip implants, including the use of current scientific data to support claims it makes in advertising the products.
Attorney General Paxton and his counterpart from South Carolina led the investigation into Johnson and Johnson and DuPuy with an executive committee consisting of the attorneys general of Florida, Indiana, North Carolina, Ohio, Pennsylvania, and Washington. Also participating in the settlement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia and Wisconsin.
AG Paxton Commends Travis County District Court Decision Requiring the City of Austin to Comply with Texas’ Handgun Law
AUSTIN – Attorney General Ken Paxton issued the following statement on Thursday’s decision by the Travis County District Court that the City of Austin violated Texas law when it refused to allow duly-licensed residents to lawfully carry firearms in City Hall.
The court also ordered the city to pay a fine to the state of Texas for each day it prevented investigators from the office of the Attorney General from lawfully carrying firearms.
“The district court’s ruling preserves and protects the Second Amendment rights of Texans and sends a strong message to the city of Austin that they are bound by the same laws as all other Texans. The city of Austin cannot violate the open carry law or any other law the Texas Legislature has enacted simply because they disagree with it,” Attorney General Paxton said. “If the city of Austin appeals the district court’s decision, my office will continue to strongly defend the right of law-abiding Texans to keep and bear arms in accordance with our handgun laws.”
In July 2016, Attorney General Paxton filed a lawsuit against the city of Austin after a resident with a concealed gun permit complained of being turned away from City Hall on several occasions.
Last week, the Travis County District Court agreed with the attorney general’s office that the city violated the open carry law and should be fined for each day it prevented the attorney general’s investigators from lawfully carrying, resulting in a $9,000 fine.
During a trial in Travis County District Court earlier this month, a legal team for Attorney General Paxton’s office successfully argued that Texas law prohibits the City of Austin from restricting lawful citizens from carrying concealed weapons at Austin City Hall.
View today’s ruling here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2019/Press/Decision%20Ltr.%20-%20Paxton%20v.%20City%20of%20Austin%20et%20al%20(GN-16-3340).pdf.
AG Paxton Commends 5th Circuit Decision Regarding Exclusion of Planned Parenthood from Medicaid
AUSTIN – Last Thursday, Attorney General Ken Paxton commended the U.S. Court of Appeals for the 5th Circuit after it reversed the district court’s decision preventing Texas from eliminating Planned Parenthood from the Medicaid program.
“The 5th Circuit’s ruling shows that the district court applied the wrong legal standard,” Attorney General Paxton said. “Planned Parenthood’s reprehensible conduct, captured in undercover videos, proves that it is not a ‘qualified’ provider under the Medicaid Act, so we are confident we will ultimately prevail.”
During oral argument, the attorney general’s legal team recounted raw, unedited footage from eight hours of undercover videos showing violations of medical and ethical standards by Texas Planned Parenthood officials. This footage was also described in the Fifth Circuit’s opinion.
In the videos, Planned Parenthood employees admit that some doctors performed abortions to obtain fetal tissue for their own research and would manipulate the timing and methods of abortions. The Fifth Circuit included a picture of the fetal tissue Planned Parenthood was harvesting.
Federal laws prohibit researchers from performing abortions to secure fetal tissue for their own research under such circumstances, and prohibits modifying abortion procedures to obtain tissue for research purposes.
In December 2016, the inspector general of Texas Health and Human Services removed Planned Parenthood from the state’s Medicaid program for the video footage of actions that “violate generally accepted medical standards,” and for making false statements to law enforcement.
Though Planned Parenthood is still under investigation, it receives around $3.1 million a year in Texas Medicaid funding.
View a copy of the 5th Circuit decision here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2019/Press/PP%20Opinion.pdf.
AG Paxton Announces $120 Million Settlement with Johnson & Johnson for Falsely Marketing Hip Replacement Devices Agreement secures $8.5 Million for Texas
AUSTIN– Attorney General Ken Paxton today announced that Texas will receive $8.5 million as part of a $120 million multistate settlement with Johnson & Johnson and its DePuy Orthopaedics unit resolving alleged unfair and deceptive marketing of two hip replacement devices.
Texas and 45 other states accused Johnson and Johnson and DePuy of making false claims about the longevity of the ASR XL and Pinnacle Ultamet metal-on-metal hip implant devices. Patients who underwent hip replacements with the devices later complained of a variety of health issues. The ASR XL was recalled from the market in 2010 and the Pinnacle Ultamet was discontinued in 2013.
“Companies that falsely market their medical products dangerously jeopardize patients’ health in order to increase profits,” Attorney General Paxton said. “Consumers must be able to trust that the advertised benefits of hip implant devices are backed by solid scientific evidence, not exaggerated claims.”
Under terms of the settlement, DePuy agreed to revise how it markets and promotes its hip implants, including the use of current scientific data to support claims it makes in advertising the products.
Attorney General Paxton and his counterpart from South Carolina led the investigation into Johnson and Johnson and DuPuy with an executive committee consisting of the attorneys general of Florida, Indiana, North Carolina, Ohio, Pennsylvania, and Washington. Also participating in the settlement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia and Wisconsin.
Notification of Opinion
Re: Whether a county may provide funding to a school district for grounds maintenance, a library, and law enforcement and funding to a hospital district for purchase of a mental health facility
(Original Request for Opinion: RQ-0240-KP)
Opinion: (KP-0237)
Summary: Article III, section 52(a) of the Texas Constitution prohibits the expenditure of county funds for private purposes unless the county (1) ensures the predominant purpose of the expenditure is to accomplish a public purpose of the county, not to benefit private parties; (2) retains sufficient control over the public funds to ensure the public purpose of the county is accomplished; and (3) ensures the county receives a return benefit.
Whether a particular expenditure satisfies this three-part test is a determination for the county commissioners court in the first instance subject to judicial review. With respect to the proposed expenditures to a school district, the specific question for the commissioners court is whether providing law enforcement services, grounds maintenance, and a library for an independent school district serves a specific county purpose.
Under article IX, section 13, of the Texas Constitution, a court would likely determine that the County may provide county funds to a county hospital district to purchase a building to be used as a mental health facility.
Notification of Opinion
Re: Whether the Texas Southmost College District may acquire and hold title to land from the General Services Administration through the Federal Lands to Parks Program (Original Request for Opinion: RQ-0239-KP)
Opinion: (KP-0236)
Summary: No state law prohibits the board of trustees for the Texas Southmost College District from acquiring property from the Federal Lands to Parks Program and designating the land for public recreational purposes if the use serves a public purpose of the District.
Notification of Opinion
Re: County payment of expenses for contracted workers in specific circumstances (Original Request for Opinion: RQ-0238-KP)
Opinion: (KP-0235)
Summary: Local Government Code section 152.901 authorizes a commissioners court to pay travel expenses for a contract worker who is not wholly compensated from county funds but is acting as. an agent on behalf of the county while performing county business authorized by the commissioners court.
No constitutional or statutory prov1S1on vests a commissioners court with express authority to pay floodplain management expenses incurred by a contract worker who is not wholly compensated from county funds.
However, pursuant to its duty under section 16.315 of the Water Code to engage in floodplain management within the county, a commissioners court may have implied authority to pay these expenses depending on whether the costs are necessary to accomplish an express duty of the county and are consistent with Texas Constitution article III, section 52.
Notification of Opinion
Re: Authority of a county commissioners court over disbursing funds received from a compact waste disposal facility under Health and Safety Code section 401.244 (Request for Opinion RQ-0236-KP)
Opinion: KP-0234
Summary: Because the funds received by Andrews County under section 401.244 of the Health and Safety Code are raised by operation of law for a public or governmental purpose and are not held by the County as a custodian or in trust, a court would likely conclude that the funds are public funds. As such, they are subject to the restrictions on public spending in Texas Constitution article III, sections 51 and 52.
Article III, sections 51 and 52 require a governmental entity to retain sufficient controls over a public expenditure to ensure the public purpose is met and to protect the public’s investment. Accordingly, the County may not relinquish all oversight responsibilities once it disburses the funds to a receiving entity under subsection 401.244(b )(2) and it must retain sufficient control over the disbursed funds to ensure the public purpose is served. The exact nature and scope of that control is for the county commissioners court to determine.
Under the Texas Supreme· Court case Lohec v. Galveston County Commissioners Court, the local nonprofit corporation receiving funds from the County under section 401.244 is likely exempt from county purchasing requirements if it is an independent and autonomous entity not meant to function under county supervision.
Request for Opinion
Re: Constitutionality of State Bar of Texas governance
Received: Tuesday, January 22, 2019
Re: Constitutionality of State Bar of Texas governance
Requestor: Mr. Joe K. Longley
President
State Bar of Texas
3305 Northland Drive, Suite 500
Austin, Texas 78731
Request for Opinion
Re: Whether section 2261.252(e) of the Government Code allows a member of the State Soil and Water Conservation Board to receive funding through an agency program for land improvement measures
Received: Wednesday, January 16, 2019
Re: Whether section 2261.252(e) of the Government Code allows a member of the State Soil and Water Conservation Board to receive funding through an agency program for land improvement measures
Requestor: Mr. Jose O. Dodier, Jr.
Chairman
Texas State Soil and Water Conservation Board
1497 Country View Lane
Temple, Texas 76504-8806
