Texas AG Files Statement Opposing Unjust, Blanket Bail System In Houston

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/.

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THE TEXAS ATTORNEY GENERAL

Bi-Partisan Coalition of Attorneys General Raising Concerns About Illegal Online Alcohol Sales

AUSTIN – Texas Attorney General Ken Paxton has joined a bipartisan coalition of 47 state and territory Attorneys General, led by Louisiana Attorney General Jeff Landry and Maine Attorney General Aaron M. Frey, in calling on Facebook, Craigslist, and eBay to take proactive measures against alcohol sales on their platforms, which frequently violate state laws.

“My office is dedicated to protecting Texas consumers and will take the necessary steps to ensure that all alcohol sales in our state are both safe and legal,” Attorney General Paxton said. “This letter seeks help from private companies to shut down an illegal market that harms children and consumers by disrupting state laws and regulations that govern the responsible sale and use of alcohol.”

In the letter, the Attorneys General note that the 21^st Amendment invests the right to regulate the sale of alcohol to each state, and points out concerns that unlicensed, unregulated, and untaxed alcohol sales are taking place on digital platforms. These platforms lack necessary safeguards to prevent the sale of alcohol to minors, and some of the products sold on this platform may be counterfeit or tainted. Consumers may not know that this method of alcohol sales is illegitimate, or that these black-market products could pose health risks.

The letter asks Facebook, Craigslist, and eBay to take the following specific actions:

1. Review the current content posted to the companies’ websites and remove illegal postings for the sales and/or transfer of alcohol products. 
2. Develop and deploy programming to block and prevent your platform users from violating state law by posting content for the sale and distribution of alcohol products on their websites.

The Attorneys General also invited the companies to join them to form a working group with stakeholders from government and industry to further explore how to establish practical and effective protocols for preventing illegal alcohol sales.

A copy of the letter is available here.

AG Files Statement Opposing Unjust, Blanket Bail System in Houston

AUSTIN – Texas Attorney General Ken Paxton has filed a statement with the United States District Court for the Southern District of Texas, Houston Division, opposing a consent decree the parties plan to enter in O’Donnell v. Harris County, a lawsuit challenging the Harris County bail system. With no input from the Supreme Court of Texas or the Texas Legislature, the proposed consent decree would eliminate the ability of judges in Harris County to make case-by-case determinations regarding the proper bail for most criminal defendants, raising serious federalism and separation-of-powers concerns.

Under the proposed consent decree, magistrate judges are required to immediately release persons arrested for misdemeanor offenses and select felonies, including assault, burglary of a vehicle, unlawfully carrying a weapon, and cruelty to animals.

“Not only is releasing criminals without individualized consideration of the circumstances of the offense or their criminal history completely contrary to Texas law, it presents serious dangers to public safety,” Attorney General Paxton said. “This consent decree is at odds with Texas law, the proper role of the judiciary, and the obligation to protect the people of Texas from violent criminals.”

Unfortunately, Houston has already seen the negative impact of this proposed consent decree. In September, a man named Brandon Bell was arrested for carjacking, but only charged with trespass to a motor vehicle. After Bell was released with no bail payment or individual assessment of the crime or Bell’s criminal history, he failed to appear at his scheduled court date.  Just three days later, he committed a second carjacking at gunpoint, assaulted, robbed, and attempted to murder a priest, then committed a third carjacking. His crime spree ended when he engaged police in a shootout, which resulted in Bell’s death and a veteran officer being shot three times.

To view a copy of the statement filed in the District Court, click here.

Four Lead State Attorneys General Release Statement on Opioid Settlement News

AUSTIN – Attorneys General Ken Paxton (TX), Josh Stein (NC), Herbert Slatery (TN), and Josh Shapiro (PA) released the following statement in response to news of an opioid settlement with two Ohio counties and McKesson, Cardinal Health, AmerisourceBergen, and Teva:

“This is an important step that allows us to move forward to finalize the global settlement framework. People in every corner of the country have been hurt by this crisis, and it is critical that settlement funds be distributed fairly across states, cities, and counties and used wisely to combat the crisis. The global resolution we are working to finalize will accomplish those goals while also ensuring that these companies change their business practices to prevent a public health crisis like this from ever happening again.” 

AG’s Office Announces $116.9 Million Multistate Settlement with Johnson & Johnson, Ethicon, Inc. for Deceptive Marketing of Surgical Mesh Medical Devices

AUSTIN—Attorney General Ken Paxton announced a $116.9 million multistate settlement with Johnson & Johnson and its subsidiary Ethicon, Inc. for deceptively marketing transvaginal surgical mesh devices. Under the settlement, Texas will receive $8,881,481.36.

The settlement was reached after a multistate investigation, launched in 2012, found that the companies failed to adequately disclose the products’ possible side effects, which include the risk of chronic pain and inflammation, mesh erosion through the vagina, incontinence developing after surgery, painful sexual relations, and vaginal scarring. Injunctive relief was also provided in the settlement requiring full disclosure of the device’s risks to patients and medical professionals.

The multistate investigation also revealed that the companies were fully aware of possible serious medical complications but neglected to provide adequate warning to patients and their surgeons who implanted the devices.

“This settlement sends a strong message that we will not allow the health of Texas women to be placed in jeopardy by unscrupulous businesses,” Attorney General Paxton said.  “Texans and their doctors deserve to make informed decisions based on good information without worrying that the providers of the drugs and medical devices they rely on have provided false or misleading information.”

Transvaginal surgical mesh is a synthetic material that is surgically implanted through the vagina to support the pelvic organs of women who suffer from stress urinary incontinence or pelvic organ prolapse.

Texas is joined by Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, and Wisconsin.

AG Paxton Issues Consumer Alert: Beware of Repair and Clean-Up Scams

AUSTIN – In the aftermath of tornadoes and violent storms in the Dallas-Fort Worth metroplex, Attorney General Ken Paxton warned those in affected areas to guard against contracting scams as they prepare to rebuild and offered tips to safeguard against unscrupulous individuals looking to take advantage of vulnerable Texans.

“Unfortunately, disasters like the devastating storms last night can attract bad actors aiming to exploit Texans still reeling from damage or destruction of their property. While rebuilding, I encourage all those impacted to beware of unreliable contractors who fail to perform work they were paid to do,” Attorney General Paxton said. “I encourage those affected by this terrible storm to take the extra time to evaluate and hire reputable contractors to avoid being defrauded. The consumer protection hotline will remain open and we stand ready to assist anyone who has been preyed upon after this disaster. Please call my office at 800-621-0508 to report unscrupulous behavior.”

Attorney General Paxton’s Consumer Protection Division offers the following tips to avoid contractor fraud during the clean-up and rebuilding process:

• Contact an insurance adjuster to get an estimate of the damage and repair cost.
• Don’t sign a check from your insurance company over to a contractor.
• Only do business with licensed or bonded contractors or builders. Get multiple estimates.
• Be cautious of contractors who solicit services door-to-door, especially those that are unfamiliar or from out of town and try to pressure you into signing a contract on the spot.
• Get the salesperson’s license plate number.
• Consult the Better Business Bureau to ensure you are working with a trustworthy business.
• Ask for referrals from people you trust and for references from contractors.
• Get more than one estimate on work, so you know if you’re being overcharged. Don’t be rushed into signing a contract and never pay in full up-front for promised work.
• Never pay cash up front to anyone for repairs. Consider paying by credit card to avail yourself of additional protections.
• Get everything in writing, including the terms of any warranty, and keep a copy of all documents.

Additional information to help tornado and storm victims protect against disaster-related scams is available on the attorney general’s website at https://www.texasattorneygeneral.gov/cpd/disaster-scams.

Consumers can report suspicious or fraudulent activity by filing a complaint online at https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint.

Notification of Texas Attorney General Opinion

Original Request RQ-0289-KP
Whether section 43.106 of the Local Government Code, requiring municipal annexation of county roads adjacent to annexed property, applies to voluntary annexations initiated pursuant to former section 43.028 of the Local Government Code RQ-0289-KP

Official Opinion KP-0276
Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way.

Depending on the relief sought, a county could challenge a municipality’s annexation under section 43.106 of the Local Government Code in an action in quo warranto, declaratory judgment, or both.

Notification of Texas Attorney General Opinion

Original Request RQ-0288-KP
Whether probable cause affidavits that may identify child victims may be released to the public upon a request made to a justice of the peace

Official Opinion KP-0275
Article 15.26 of the Code of Criminal Procedure makes probable cause affidavits public information, but a court could conclude that subarticle 57.02(h) prohibits the disclosure of identifying information regarding a child sex offense victim from the affidavits in this case by a justice of the peace without a court order. Whether a justice of the peace could issue such an order depends on the nature of the underlying offense. A court could conclude that the two statutes may be reconciled through redaction of the identifying information.

Notification of Texas Attorney General Opinion

Original Request RQ-0287-KP
Whether provisions of the Dallas City Code regarding dangerous dogs conflict with chapter 822 of the Health and Safety Code

Official Opinion KP-0274
Subchapter D, chapter 822 of the Health and Safety Code governs dangerous dogs and incorporates local regulation. Under the home-rule amendment of the Texas Constitution, however, a municipality cannot adopt an ordinance that conflicts with or is inconsistent with state law.

Section 822.042 allows thirty days for an owner to comply with the applicable requirements for owning a dangerous dog. A municipal ordinance imposing a shorter compliance deadline cannot be harmonized with the statute and therefore the municipal ordinance provision would fall.

Subsection 822.0423(c-1) provides for an appeal bond in an amount established by the court. A municipal ordinance seeking to change the amount of an appeal bond is unenforceable. The section does not, however, purport to limit other fees or costs that a municipality may impose on an owner.

Though a municipal ordinance providing for the destruction of a dog running at large could be a valid exercise of a municipality’s police power, the government’s impoundment or destruction of personal property invokes the constitutional protection of due process of law. A municipal ordinance affording an owner no process to redeem the dog or to appeal certain determinations whatsoever would likely fail a procedural due process challenge. Moreover, section 822.0424 provides a right to appeal certain determinations made with respect to a dangerous dog and its owner. And subsection 822.042(e) expressly protects a dangerous dog from destruction during the pendency of such an appeal. A municipal ordinance providing for the destruction of a dangerous dog during the appeal is contrary to the statute and is unenforceable.

A municipality may exercise its powers only within its corporate limits unless its power is extended by law to apply to areas outside those limits. Nothing in subchapter D authorizes a city to extend its dangerous dog ordinance outside of its city limits.