Texas Attorney General’s weekly roundup
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/.
• Texas Law Enforcement Round-Up •
The Child Exploitation Unit
Kerr County
Christopher Cuellar, 29, of Kerrville, was arrested on three counts of Aggravated Sexual Assault of a Child under 6, three counts of Indecency with a Child by Contact, and two counts of Promotion of Child Pornography on June 10.
This case was received as a referral from a proactive ICAC investigator in North Carolina where Cuellar discussed the promotion of child pornography on an online chat application.
Investigators found files of self-produced child pornography at Cuellar’s home and seized multiple electronic devices for examination by the Digital Forensics Unit. Cuellar was transported and booked into the Kerr County Jail.
The Texas Human Trafficking Unit
Smith County
On June 3, Brandon Lee Mon Johnson, 25, of Tyler was arrested for Continuous Trafficking of a Person. Johnson was taken into custody after he was found with a minor who was believed to be a victim of domestic sex trafficking.
The investigation confirmed that Johnson had been sex trafficking the minor, and Johnson was transported to the Smith County Jail. This arrest was made while working with the United States Marshal’s Task Force in Tyler.
The Texas Fugitive Apprehension Unit
Travis County
Evan Lee Stough was arrested in Austin on June 2. Stough was convicted in 2013 of Activities Relating to Material Constituting or Containing Child Pornography Felony in Bexar County.
Stough violated his probation, and the United States Marshals Service issued a corresponding Probation Violation – Obscenity warrant. This arrest was made while working with United States Marshals Lone Star Fugitive Task Force out of Austin.
In Harris County, Melvin Kimble Jr. was arrested in Houston on June 1. In 1988, Kimble was convicted of Aggravated Sexual Assault and Robbery in Harris County and was sentenced to 45 years in prison.
Kimble violated the terms of his parole by being involved in an alleged assault and TDCJ issued a corresponding Parole Violation warrant.
Travis County
Corey Lynn Burdett was arrested in Austin on June 10. Burdett had an outstanding warrant for Robbery – Street – Weapon/Aggravated Robbery with a Deadly Weapon issued by the Austin Police Department and Bail Personal Recognizance – Possession of Firearm by Felon issued by the Travis County Sheriff’s Office.
Burdett is a 700 Gang Member. This arrest was made while working in conjunction with the United States Marshals Lone Star Fugitive Task Force out of Austin.
Medina County
David Rocha Ayala was arrested in Somerset on June 11. Ayala had an outstanding federal warrant for multiple weapons offenses. This arrest was made while working in conjunction with the United States Marshals Lone Star Fugitive Task Force out of San Antonio.
Court Issues Nationwide Preliminary Injunction, Blocking Biden Administration’s Pause on New Oil and Gas Leases
AUSTIN – Attorney General Paxton announced that a district judge has issued a nationwide preliminary injunction on the Biden Administration’s oil and gas leasing moratorium, which intended to put a pause on the sale of new oil and gas leases on federal public lands and offshore waters by an executive order issued January 27, 2021.
The executive order was a clear violation of the Administrative Procedure Act, the Outer Continental Shelf Lands Act, and the Mineral Leasing Act.
The moratorium would have cost millions, possibly billions, of dollars for oil and gas workers, state and local government funding, and funds for the restoration of state coastlines.
“I am pleased that the court recognized this federal overreach and worked promptly to end the implementation of this ill-advised moratorium that would harm the U.S. economy and cost many their livelihoods,” Attorney General Paxton said. “President Biden does not have the authority to revise Congressionally-mandated statutes on a political whim. Alongside Louisiana, and the eleven other states who joined our cause, we will continue to challenge any unconstitutional executive orders that this Administration tries to implement.”
Read the Judge’s Ruling here.
Paxton Defends Second Amendment Rights, Sends Letter to ATF
AUSTIN – Attorney General Ken Paxton today sent a letter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives opposing its June 7 proposal to require federal registration of firearms with attached “stabilizing braces.”
The stabilizing brace, which attaches to the rear of a pistol and slips around the user’s forearm, may be used for a range of legitimate purposes, including reducing recoil, preventing injury, and allowing individuals to more safely and accurately operate the weapon.
Stabilizing braces are used widely, with tens of millions sold throughout the state and nation. To require their registration with federal officials would not only be time-consuming and cumbersome but would also impose unnecessary and unconstitutional expense on Americans exercising their Second Amendment rights.
Read the full letter here.
Paxton Sues BINT for Pyramid Scheme, Exploiting African American Community
AUSTIN – Attorney General Ken Paxton filed a lawsuit against “Blessings in No Time” (BINT) for promoting a pyramid scheme during the COVID-19 pandemic, scamming tens of millions of dollars from the African American community in Texas and nationwide.
In exchange for monetary contributions, BINT promised to “bless” and assist needy members of the African American community afflicted by the pandemic.
In return, contributors were told they would receive a “blessing”— or compensation—eight times the amount of their initial contribution.
Victims paid between $1,400 to $1,425 and were promised a return of over $11,200 each if they recruited other people to join.
BINT falsely promised each person the right to receive a full refund but manipulated that promise to require them to conceal the truth about the business on social media and the internet.
Now, the owners admit their refund account is empty even as many refund requests have gone unpaid.
“BINT scammed Texans out of money by exploiting their deeply-held religious faith during a national crisis. This is despicable behavior, and BINT will be prosecuted to the full extent of the law,” Attorney General Paxton said.
Read the filing here.
Paxton Partners with Gov. Abbott’s Task Force on Border and Homeland Security
AUSTIN – Yesterday Gov. Greg Abbott announced the formation of a Task Force on Border and Homeland Security.
The Task Force is comprised of key leaders from several state agencies, including the Office of the Attorney General of Texas, and will analyze and advise on strategies to address the border crisis arising from the surge of illegal aliens and drugs into our state and nation.
“The Biden Administration is responsible for the humanitarian, criminal, and logistical crisis at the Texas-Mexico border, and the flow of that crisis into our communities,” said Attorney General Paxton. “Everyone is bearing these costs thanks to the Administration’s catastrophic failure. The only groups benefitting are the cartels. I have sued the Biden Administration five times now on immigration issues, but that can only solve so much. With Gov. Abbott’s Task Force now assembled, my team and I can help fix the border crisis in new and promising ways.”
You can read Gov. Abbott’s Task Force formation letter here.
Paxton Joins Multistate Coalition in Protecting Religious Liberty
AUSTIN – Attorney General Ken Paxton joined a 14-state coalition in defense of religious liberty in a case in which the state of New York sought to punish a photographer, Emilee Carpenter, who chose to not accept bookings for same-sex weddings.
In violation of Ms. Carpenter’s free speech rights, New York interprets its public-accommodation law to require that photographers who commemorate opposite-sex marriages must also do so for same-sex marriages.
Refusal may result in fines up to $100,000, as well as possible criminal prosecution.
This unconstitutional law violates the First Amendment, which prohibits states from forcing individuals to speak in favor of same-sex marriage.
“States do not have the power to violate the U.S. Constitution. Forcing Ms. Carpenter to photograph weddings that violate her faith is a blatant intrusion on her First Amendment rights,” the Attorney General said. “Time and time again, absurd laws like New York’s try to persecute people of faith who wish only to conduct their business in line with their sincerely held beliefs.”
Read the amicus brief here.
Notification of Opinion
Official Request Summary RQ-0392-KP
Authority of a municipality to establish development regulations for open-enrollment charter schools that are different than regulations for other public schools
Official Opinion Summary KP-0373
Application of Education Code section 12.103 to open-enrollment charter schools
Notification of Opinion
Official Request Summary RQ-0391-KP
Authority of the Behavioral Health Executive Council to adopt a rule prohibiting certain discriminatory conduct by licensed social workers.
Official Opinion Summary KP-0372
The Legislature authorized the Behavioral Health Executive Council to take disciplinary action against social workers who refuse to perform an act or service within the scope of their licenses solely because of the recipient’s age, sex, race, religion, national origin, color, or political affiliation. The Council adopted a rule changing the word “sex” to “gender” and authorizing disciplinary action for refusal of service based on disability, sexual orientation, and gender identity and expression. In doing so, the Council exceeded the authority granted to it by the Legislature by rewriting the language chosen by the Legislature and imposing additional restrictions in excess of the relevant statutory provisions. A court would likely conclude that the rule is invalid to the extent that it is inconsistent with and exceeds the Council’s statutory authority.
No Texas statute prohibits discrimination based on sexual orientation or gender identity or expression, and the U.S. Supreme Court has emphasized that religious and philosophical objections to categories of sexual orientation are protected views and in some instances protected forms of expression under the First Amendment. If the Legislature intends otherwise, it may expressly amend the statute to so provide. A Council rule prohibiting that expression conflicts with the longstanding constitutional protection for an individual’s free exercise of religion.
While a social worker may not discriminate based on disability in contravention of state and federal law, the Council lacks statutory authority to discipline a licensee for discrimination based on disability.
Request for Opinion
Official Request Summary RQ-0412-KP
Eligibility to hold municipal office under section 22.008 of the Local Government Code, regarding an officer in default to the municipality
Date Received
Wednesday, May 3, 2021
Official Requestor
The Honorable Dustanna Rabe
Hopkins County Attorney
128 Jefferson Street, Suite B
Sulphur Springs, Texas 75482
Request for Opinion
Official Request Summary RQ-0411-KP
Whether HB 1525 requires school districts to accept PTA donations designated to fund supplemental educational staff positions and use funds donated for that purpose for the 2021-2022 school year
Date Received
Monday, June 14, 2021
Official Requestor
The Honorable Larry Taylor
Chair, Senate Committee on Education
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Request for Opinion
Official Request Summary RQ-0410-KP
Whether a court has discretion to accept an affidavit of surety to surrender a principal and to require a bondsman to show cause for the surrender
Date Received
Wednesday, June 9, 2021
Official Requestor
The Honorable Chris Taylor
Tom Green County Attorney
122 West Harris
San Angelo, Texas 76903
Request for Opinion
Official Request Summary RQ-0409-KP
Effect of Executive Order GA-36 on the federal requirements related to face coverings on public transit
Date Received
Friday, May 21, 2021
Official Requestor
The Honorable Senfronia Thompson
Chair, House Committee on Licensing & Administrative Procedures
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
