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/.
AG Paxton: Voting by Mail Based on Disability Reserved for Texans With Actual Illness or Medical Problem Rendering Them Unable to Vote In-Person
AUSTIN –Texas Attorney General Ken Paxton today issued a letter in response to Representative Stephanie Klick’s request for guidance on whether, under the Texas Election Code, Texans may claim disability based on fears of contracting the Coronavirus (COVID-19) and receive a ballot to vote by mail in upcoming elections.
The letter states that disability, as that term is used in the Texas Election Code’s provisions allowing voting by mail, must involve a “sickness or physical condition” that prevents a voter from voting in-person. A voter ill with COVID-19 and who is unlikely to be able to appear in-person to vote without assistance or without injuring their health may apply for a ballot by mail; however, fear of contracting COVID-19 does not qualify a person for disability.
“Mail ballots based on disability are specifically reserved for those who are physically ill and cannot vote in-person as a result. Fear of contracting COVID-19 does not amount to a sickness or physical condition as required by the Legislature,” said Attorney General Paxton. “The integrity of our democratic election process must be maintained, and law established by our Legislature must be followed consistently.”
It is a direct violation of the Texas Election Code to “intentionally cause false information to be provided on an application for ballot by mail,” to knowingly or intentionally cause a ballot to be obtained under false pretenses, or give a misleading statement on an application for ballot by mail.
The Texas Democrats filed a lawsuit in Travis County arguing that anyone with a fear of contracting COVID-19 should be allowed to claim a “disability” and vote by mail.
The request could diminish voting protections the Legislature has made available to Texans with actual illness or disabilities.
Read a copy of the letter here.
AG Paxton: Voting by Mail Because of Disability Must be Reserved For Texans Suffering from Actual Illness or Medical Problems
AUSTIN – Texas Attorney General Ken Paxton gave the statement below following today’s bench ruling by the Travis County District Court to expand mail-in ballot voting in Travis County for upcoming Texas elections:
“I am disappointed that the district court ignored the plain text of the Texas Election Code to allow perfectly healthy voters to take advantage of special protections made available to Texans with actual illness or disabilities. This unlawful expansion of mail-in voting will only serve to undermine the security and integrity of our elections and to facilitate fraud. Mail ballots based on disability are specifically reserved for those who are legitimately ill and cannot vote in-person without needing assistance or jeopardizing their health. Fear of contracting COVID-19 does not amount to a sickness or physical condition as required by state law. My office will continue to defend Texas’s election laws to ensure that our elections are fair and our democratic process is lawfully maintained.”
AG Paxton Intervenes in Lawsuit Attempting to Release Thousands of Violent Inmates from the Dallas County Jail
AUSTIN – Texas Attorney General Ken Paxton today filed a motion to intervene into a federal lawsuit seeking to stop the release of inmates from the Dallas County Jail, including killers, rapists, arsonists and armed robbers. Releasing potentially thousands of persons arrested for, charged with, or previously convicted of violent criminal acts would directly endanger Texas citizens.
“We must continue to protect the health and safety of Texans and maintain the integrity of our criminal justice system by preventing the unlawful release of dangerous individuals,” said Attorney General Paxton. “The safety of Texans is imperative, especially during this time, and we cannot afford to ignore the need for justice in the midst of this health crisis.”
The lawsuit seeks to upend Texas’s criminal justice system by indiscriminately releasing inmates into the local community. Releasing such dangerous inmates would violate Texas law and long-established principles of criminal procedure.
In a similar case just two days ago, the Texas Supreme Court stopped an unlawful decision by a state district court in Travis County which would have blocked Governor Abbott’s Executive Order GA 13 and allowed the release of inmates en masse.
Read a copy of the filing here.
AG Paxton Applauds Court for Upholding Governor Abbott’s Executive Order Preventing the Release of Dangerous Individuals from Texas Jails
AUSTIN – Texas Attorney General Ken Paxton today applauded the U.S. District Court for the Southern District of Texas in Houston for preventing the mass release of felony arrestees in Harris County, including those charged with violent crimes or who have a violent criminal history.
In the interest of Texans’ health and safety, the federal court denied temporary restraining orders that attempted to block Governor Abbott’s Executive Order preventing the indiscriminate release of dangerous individuals.
“I thank the court for recognizing state law and court precedent and preventing the release of dangerous individuals to protect the health and safety of Texans. We must protect our communities as well as our justice system during this unprecedented health crisis,” said Attorney General Paxton. “It is vital that we maintain the integrity of our criminal justice system and protect our communities.”
Read a copy of the ruling here.
AG Paxton and FTC Warn Resurgence Medical Spa LLC Against Promoting False Cures for Coronavirus
AUSTIN – Texas Attorney General Ken Paxton today partnered with the Federal Trade Commission (FTC) to warn Resurgence Medical Spa LLC that baselessly claiming that their vitamin C intravenous infusions can prevent and cure Coronavirus (COVID-19) is a direct violation of the Texas Deceptive Trade Practices Act and federal consumer protection law.
“As communities work together to prevent the spread of COVID-19 and to ensure that those suffering receive the potentially life-saving treatment they need, my office is working diligently to stop deceptive claims and false cures,” said Attorney General Paxton. “I will not allow anyone or any business to take advantage of Texans during this national health crisis.”
The current disaster declaration is effective across the entire state, and under Texas consumer protection statutes, it is illegal for a person to take advantage of a disaster declaration by engaging in deceptive trade practices.
Texans who believe they have encountered deceptive trade practices should call the Office of the Attorney General’s toll-free complaint line at (800) 621-0508 or file a complaint online. For additional information on disaster scams, please visit our disaster scams website.
Read a copy of the warning letter here.
AG Paxton Asks Fifth Circuit to Once Again Uphold Governor’s Order Halting Unnecessary Medical Procedures After District Court Enters Second Injunction in One Week Granting Special Treatment to Abortion Providers
AUSTIN – Texas Attorney General Ken Paxton today filed a second, immediate appeal in the United States Court of Appeals for the Fifth Circuit to once again enforce Governor Abbott’s Executive Order (GA 09) postponing any unnecessary medical procedures to preserve desperately needed medical supplies for the health professionals combating the spread of the Coronavirus (COVID-19).
Abortion facilities continue to demand special treatment not available to any other health care provider in Texas.
Under the Governor’s Executive Order, all health care facilities and professionals in Texas must cease and delay elective medical procedures to ensure that hospitals and their staff have access to urgently needed personal protective equipment and hospital beds during this unprecedented crisis.
By demanding special treatment to continue to provide medical procedures deemed unnecessary during this health crisis, abortion providers are withholding desperately needed medical supplies for those combating the Coronavirus across the state.
“For years, abortion has been touted as a ‘choice’ by the same groups now attempting to claim it is an essential procedure, and they decided to press forward despite a higher court ruling entered just days ago that a district court cannot block an Executive Order that protects public health during a crisis,” said Attorney General Paxton. “My office will steadfastly defend Governor Abbott’s Order and the rule of law to ensure that hardworking medical professionals receive the supplies and personal protective gear they need to successfully combat this health crisis.”
A few abortion providers obtained yet another temporary restraining order (TRO) from a U.S. District Court in Austin to block the Executive Order as it applies to them only and certain types of medication and surgical abortions.
The Executive Order remains binding on all other abortion providers in Texas who are not parties to the case and to all other abortions not specifically identified in the district court’s order.
Three days ago, the Fifth Circuit vacated a similar TRO by the same district court.
AG Paxton Applauds Texas Supreme Court Stay Blocking Unlawful District Court Order that Allowed the Release of Potentially Dangerous Individuals
AUSTIN – Texas Attorney General Ken Paxton today applauded the Texas Supreme Court for issuing a stay, halting a district court decision enjoining Governor Abbott’s Executive Order (GA 13), which prevented the release of potentially dangerous individuals on personal bonds without any individual assessment of their risk to the community.
The lawsuit, filed by the American Civil Liberties Union (ACLU), asked the court to release potentially thousands of persons arrested for, charged with, or previously convicted of violent criminal acts.
“I’m thankful to the Texas Supreme Court for taking immediate action to protect the health and safety of Texans after the district court unlawfully ruled to allow the release of dangerous individuals. A health crisis cannot stop the need for justice, and the district court’s decision directly endangered the public,” said Attorney General Paxton. “We must all work together, including our justice system, to successfully protect our communities. My office will continue to defend Governor Abbott’s order to protect Texans during this unprecedented health crisis.”
Despite the stay issued by the Texas Supreme Court, a similar case urging the mass release of Dallas County Jail inmates – including those arrested for violent crimes such as murder, arson, and armed robbery – was filed in Dallas federal district court late last week.
The mass release of potentially violent individuals would directly endanger Texans.
For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services website.
AG Paxton Gives Statement on TRO Blocking Enforcement of Governor Abbott’s Order to Postpone Unnecessary Medical Procedures
AUSTIN – Texas Attorney General Ken Paxton today issued this statement after the U.S. District Court in Austin granted a temporary restraining order blocking Governor Abbott’s Executive Order GA 09:
“The issuance of a second temporary restraining order defies the U.S. Court of Appeals for the Fifth Circuit and demonstrates a lack of respect for the rule of law. Just two days ago, the Fifth Circuit dissolved the district court’s previous restraining order because it failed to apply settled law to the facts. We will once again ask the Fifth Circuit to uphold Governor Abbott’s decision to stop all elective medical procedures during the COVID-19 crisis.”
For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services website.
AG Paxton: Prohibiting Nonresident Homeowners from Occupying Their Property is Unconstitutional
AUSTIN – Texas Attorney General Ken Paxton today issued a letter to the Gunnison County Department of Health and Human Services in Colorado, warning that its Fifth Amended Standing Health Order violated the United States Constitution by unlawfully discriminating against nonresident homeowners by demanding they vacate Gunnison County.
The Privileges and Immunities Clause of the U.S. Constitution guarantees that a citizen of one state will be “treated as a welcome visitor rather than an unfriendly alien when temporarily present in another State.”
“While I applaud several measures Gunnison County has taken to ensure the health and safety of its citizens, the banishment of nonresident Texas homeowners is entirely unconstitutional and unacceptable,” said Attorney General Paxton. “To unlawfully prevent Texans from inhabiting or enjoying property that they own, regardless of its location within the U.S., is a blatant violation of our Constitution.”
Gunnison County’s Order claims that nonresident homeowners should be excluded from the County because they may use local resources, such as grocers and healthcare services, and while it allows nonresident homeowners to apply for an exemption to this restriction, there is no criteria for judging an exemption or to whom it would apply.
Read a copy of the letter here.
AG Paxton Defends Governor Abbott’s Executive Order Prohibiting the Release of Dangerous Individuals from Dallas Jails
AUSTIN – Texas Attorney General Ken Paxton today urged the United States District Court for the Northern District of Texas in Dallas to dismiss a lawsuit that seeks to release dangerous inmates from the Dallas County Jail, including killers, rapists, arsonists, and armed robbers.
The ACLU’s lawsuit, which seeks to upend Texas’s criminal justice system by indiscriminately releasing inmates into the local community, would violate state law and directly endanger Texans.
“The health and safety of Texans is paramount during the COVID-19 pandemic, and we must maintain the requirements of our criminal justice system to protect our citizens,” said Attorney General Paxton. “The unlawful release of 5,000 potentially violent criminals would directly endanger Texans. A health crisis cannot be used as an excuse to override the rule of law.”
In a similar case just three days ago, the Texas Supreme Court stopped an unlawful decision by a state district court in Travis County which would have blocked Gov. Abbott’s Executive Order GA-13 and allowed the release of violent inmates en masse.
Yesterday, the U.S. District Court for the Southern District of Texas in Houston also denied temporary restraining orders and prevented the release of thousands of potentially dangerous inmates in Harris County, including those charged with violent crimes or who have a violent criminal history.
Read a copy of the filing here.
Request for Opinion
Original Request RQ-0345-KP
Application of the temporary exemption for qualified property damaged by a disaster, as set forth in section 11.35(g) of the Tax Code.
Date Received
Thursday, April 9, 2020
Official Requestor
The Honorable Paul Bettencourt
Chair, Senate Committee on Property Tax
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Notification of Opinion
Official Request RQ-0345-KP
Application of the temporary exemption for qualified property damaged by a disaster, as set forth in section 11.35(g) of the Tax Code
Official Opinion KP-0299
Purely economic, non-physical damage to property caused by the COVID-19 disaster is not eligible for the temporary tax exemption provided by section 11.35 of the Tax Code.
Notification of Opinion
Official Request RQ-0312-KP
Whether section 74.104 of the Government Code limits the commissioner’s court in setting salaries of the court coordinator and assistant court coordinator for a district court.
Official Opinion KP-0298
Government Code section 74.104 authorizes district judges to determine reasonable compensation of court coordinators, subject to approval by the commissioner’s courts; neither the judges nor commissioners courts have unilateral authority to set such compensation; a commissioners court may set the salaries of assistant court coordinators under Local Government Code section 152.011.
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