Staff Report
The responsibilities, of the Office of the Attorney General, are to serve as legal counsel to all boards and agencies of state government, issue 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/.
Harris County
Hervis Rogers was arrested for illegally voting in multiple elections including the 2018 General and Special Election and the 2020 Harris County Primary Election.
Specifically, it is alleged that Rogers was on parole when he voted in an election for which he was not eligible to vote. Rogers was transported to the Montgomery County Jail without incident.
This arrest was made while working in conjunction with the Houston Fugitive Apprehension Unit.
Bexar County
Zane Ellis, 20, of San Antonio, was arrested on June 29 for five counts of Possession of Child Pornography. This case was received as a NCMEC CyberTipline report involving the upload of child pornography to an online account.
In the course of executing a search warrant, investigators found numerous files of child pornography on Ellis’ cell phone and seized multiple devices for examination by the Digital Forensics Unit.
Ellis was transported to the Bexar County Jail where he was booked without incident.
Bexar County
Francisco Javier Salazar was arrested in San Antonio on June 25, for an outstanding warrant for sexual assault issued by the Victoria County Sheriff’s Office. This arrest was made while working in conjunction with the Houston Fugitive Unit and the Austin Fugitive Unit.
Travis County
Raoul Cinque Howard was arrested in Pflugerville on June 29, for an outstanding warrant for Sexual Assault of a Child issued by the Travis County Sheriff’s Office. This arrest was made while working in conjunction with the United States Marshals Lone Star Fugitive Task Force out of Austin.
Travis County
Nam H. Pham was arrested on July 7 in Pflugerville. Pham had an outstanding warrant for Sexual Assault of a Child issued by the Pflugerville Police Department. This arrest was made while working in conjunction with the United States Marshals Lone Star Fugitive Task Force out of Austin.
Tarrant County
John Anthony Pompa was arrested on July 7 in Fort Worth. This arrest was made after a request for assistance from the Watauga Police Department. Pompa had outstanding warrants for Aggravated Robbery with a Deadly Weapon and Engaging in Organized Criminal Activity by the Watauga Police Department. Two firearms were recovered during the arrest, including one believed to have been used in the aggravated robbery. Pompa is a confirmed Tango Blast Gang Member.
Wood County
Brittany Ann Calvert was arrested in Hawkins on July 8, for an outstanding warrant for Homicide-Manslaughter out of the San Diego County Sheriff’s Office in California. This arrest was made while working in conjunction with the Joint East Texas Fugitive Task Force.
Galveston County
Floyd Douglas was arrested on July 7 in Galveston, for an outstanding warrant for Murder issued by the Harris County Sheriff’s Office. This arrest was made while working in conjunction with the Gulf Coast Violent Offender Task Force, Galveston Police Department SWAT, and the Houston Police Department.
Galveston County
Traja Carrington was arrested on July 8 in League City, on an outstanding warrant for Harboring a Runaway issued by the Abilene Police Department. This arrest was made as a result of a request for assistance to locate a runaway juvenile from the Abilene Police Department. During an interview, Carrington confessed to possessing child pornography which resulted in an additional charge of Possession of Child Pornography being filed out of Galveston County.
AUSTIN – Attorney General Ken Paxton commends the United States Court of Appeals for the Fifth Circuit’s recent decision in McDonald v. Longley, which held that the State Bar of Texas violated the First Amendment rights of its members—who must join and pay dues if they wish to practice law in Texas—when the State Bar engaged in politically- and ideologically-charged legislative and lobbying activities that were not “germane” to its core functions of regulating the legal profession and improving the quality of legal services.
The Court further held that the State Bar did not have constitutionally adequate procedures to inform attorneys how their bar dues were being spent. The Fifth Circuit granted a preliminary injunction that forbids the State Bar “from requiring the plaintiffs to join or pay dues pending completion of the remedies phase” and remanded the case to the district court for further handling.
“Texas law does not give the State Bar the ability to spend attorneys’ membership fees however it sees fit, and the Court recognized this blatant misuse of funds,” Attorney General Paxton said. “We demand more transparency from the State Bar, as members should not be forced to contribute to political agendas that don’t align with their beliefs.”
Read the opinion here.
AUSTIN – Attorney General Ken Paxton made the following statement after Texas House Democrats fled the state — rejecting their elected duty during the July 2021 Special Legislative Session:
“This immature behavior by House Democrats is not only childish; it is a disgrace to democracy,” Attorney General Paxton said.
“Their capricious act will not thwart our leadership’s efforts for stronger election integrity, bail reform, retired teacher benefits, and Child Protective Services reform, among other important agenda items. House Democrats have hurt their constituents and demonstrated that when they’re faced with a problem, they run away – literally. It’s shameful and they have failed as elected officials.”
AUSTIN – Attorney General Ken Paxton joined a coalition of 15 other states in urging the U.S. Environmental Protection Agency not to reinstate California’s waiver under the Clean Air Act, which unconstitutionally allows California—and only California—to regulate which cars we may drive.
The letter argues that under the Clean Air Act, the prior administration created national standards for vehicle carbon emissions for model years 2021 through 2026, treating all States as equal sovereigns subject to one federal rule.
Recently, the Biden Administration proposed that California, and no other state, should be given a “waiver” and allowed to set its own carbon emissions standards.
The waiver, designed decades ago to allow California to manage its severe smog problem, has instead been abused by California to target fuel efficiency and global warming.
“Under the U.S. Constitution, it clearly explains that all States are created equal, so why does “The Golden State” get the unconstitutional authority to change how vehicle manufacturers set standards for their vehicles?” Attorney General Paxton said. “A federal law giving one State special power to regulate a major national industry contradicts the notion of a union of sovereign States.”
Read the full letter here.
AUSTIN – Attorney General Ken Paxton joined a multistate coalition demanding protection of students from the Biden Administration’s unlawful expansion of the Supreme Court’s 2020 decision in Bostock v. Clayton County, GA.
The Bostock holding, although questionable, was limited to a Title VII employment-discrimination context, but the Department of Education is now trying to broadly apply Bostock elsewhere, such as to sports teams, single-sex bathrooms, and dress codes.
The letter joined by Attorney General Paxton argues that the new Administration’s recent shift is unlawful on a number of grounds.
“My office will not allow the Biden Administration to rewrite federal law to fit their agenda and threaten the rights of Texas students,” Attorney General Ken Paxton said. “Title IX affords girls and women certain rights in educational settings—away from boys and men. And it gives girls and women a right to compete with their peers—away from boys and men.”
Read the letter here.
AUSTIN – Texas Attorney General Ken Paxton applauds a recent Supreme Court of Texas ruling that Facebook can be held liable for the actions of sex traffickers who use its platform to recruit and prey on children.
The opinion makes it very clear that Big Tech does not have the authority to “create a lawless no-man’s-land on the Internet.”
In denying relief to the social media giant, the Court held that the federal Communications Decency Act (CDA) does not leave states powerless to impose liability on websites that knowingly benefit from participation in human trafficking.
Holding internet platforms accountable for their users’ words or actions is unlawful under the CDA, the Court held; but state and federal laws may still hold them accountable for their own misdeeds.
“Big Tech repeatedly acts as if they are above the law and are able to wipe their hands clean of the evil, like human trafficking, that they allow their platforms to host,” Attorney General Paxton said. “Texas’ battle against modern-day slavery will not allow this injustice, and we will hold all parties in this reprehensible operation accountable. The child victims, in this case, deserve more; the parents of these victims deserve more, and Texas deserves more.”
Read the full opinion here.
AUSTIN – Attorney General Ken Paxton released the following statement on the passing of HB 1540, the Human Trafficking Prevention Taskforce’s omnibus bill which creates a separate offense for buying sex and raises to the level of a state jail felony the penalty for buying sex from an adult.
“Texas is the first in the country to punish sex buyers with felonies, which is a substantial step towards curbing the demand for commercial sex,” Attorney General Paxton said. “Human trafficking is modern day slavery – targeting vulnerable men, women, and children in our communities. I commend our legislature for passing laws that fight this inexcusable offense.”
Read the bill here.
AUSTIN – Attorney General Ken Paxton joined a 23-state amicus brief, urging the United States Supreme Court to reverse the disturbing decision by the Sixth Circuit Court of Appeals that barred the Kentucky Attorney General from defending a state law that prohibits the abortion procedure known as dilation and evacuation, which involves dismembering an unborn child in the womb, while still alive.
The Sixth Circuit’s ruling imperils the democratic process because it empowers other state officials to strategically surrender lawsuits challenging state laws that they disagree with.
“If attorneys general are prohibited from intervening on the states’ behalf to defend our laws, how do we defend the interest of the state we are elected to represent?” Attorney General Paxton asked in a statement. “Dismemberment abortions are gruesome and inhumane, and it is troubling that a court would block a state’s authority to protect the lives of unborn children from such a barbaric practice.”
Read the full amicus brief here.
AUSTIN – Attorney General Ken Paxton applauds the Supreme Court of Texas’ decision to protect Academy Sports and Outdoors from liability in the devastating Sutherland Springs church shooting in 2017.
Under the federal Protection of Lawful Commerce in Arms Act (PLCAA), neither Academy nor any other retail establishment that sells firearms can be sued for damages in tragedies like the Sutherland Springs shooting.
Academy followed the law when the shooter, Devin Kelley, purchased the rifle in 2016 at a store location in San Antonio.
The store followed federal requirements including a background check when Kelley presented an out-of-state license and address.
Although Kelley was disqualified from purchasing because of domestic violence charges and a dishonorable discharge from the Air Force, that information had not been reported to the system when the store ran the background check.
A separate lawsuit against the Air Force for failing to collect, handle and report that information remains pending in federal court.
“There are no words to describe the tragedy that struck the small town of Sutherland Springs in November of 2017 and the irreversible damage to the families and the communities in that area. This opinion does not take away from their grief,” Attorney General Paxton said. “However, holding Academy accountable for this devastation when they followed federal law in this sale would not solve the problem. I will be watching to see how the federal courts handle the Air Force’s shortcomings in this case.”
Read the majority opinion here.
Read the concurring opinion here.
Official Request Summary RQ-0416-KP
Whether a peace officer is prohibited from forcing entry into a residence or dwelling to enforce a parole-revocation warrant for the arrest of a releasee
Date Received
Thursday, July 8, 2021
Official Requestor
The Honorable Joan Huffman
Chair, Senate Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Official Request Summary RQ-0415-KP
Authority of a district attorney to hire graduate law students with supervised practice cards as assistant district attorneys
Date Received
Tuesday, July 7, 2021
Official Requestor
The Honorable Yvonne Rosales
34th Judicial District Attorney
500 East San Antonio Street, 2nd Floor
El Paso, Texas 79901-2420
Official Request Summary RQ-0396-KP
Residency requirement to become a candidate for county attorney
Official Opinion Summary KP-0377
Determining residency for purposes of the Election Code involves consideration of both a person’s physical presence and current intention to reside in a particular location.
Official Request Summary RQ-0395-KP
Applicability of Local Government Code chapter 171 regarding conflicts of interest and Government Code chapter 573 regarding nepotism to a county attorney whose father-in-law is a partner at a law firm that contracts with the county
Official Opinion Summary KP-0376
The nepotism statute, subsection 573.041(1) of the Government Code, prohibits a public official from appointing specified relatives to a position but does not apply to a county’s award of a collections services contract to a business entity, namely a law firm.
The duty of county attorneys in counties with a population of more than 1.25 million under section 89.001 of the Local Government Code to select special counsel to collect the county’s delinquent receivables is subject to the approval of the commissioners court. Accordingly, this does not constitute a “vote or decision” requiring the county attorney to comply with the conflict-of-interest procedures under subsection 171.004(a) of the Local Government Code.
Official Request Summary RQ-0394-KP
Eligibility of a newly elected constable under chapter 86 of the Local Government Code.
Official Opinion Summary KP-0375
Section 86.0021 of the Local Government Code provides the requirements for a constable for eligibility to serve and produce evidence of licensure as a peace officer.
Section 86.0021 does not address the exact date by which a constable must assume office, but under section 601.003 of the Government Code, a person elected to the office of constable in the November general election must qualify and assume the duties of that office on January 1, or as soon as possible thereafter.
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