Texas Fugitive Apprehension Unit round-up, consumer protection alert on excessive energy bills

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/.

AG Paxton’s Law Enforcement Round-Up

AUSTIN – The Texas Attorney General’s Fugitive Apprehension Unit made several noteworthy arrests last week.

• In Travis County, while working with the United States Marshal’s Lone Star Fugitive Task Force, the Fugitive Apprehension Unit arrested Christopher Michael Garcia in Austin on February 23. Garcia had an outstanding warrant for murder issued by the Austin Police Department.
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• In Ellis County, Brandon Douglas Wilder was arrested in Midlothian on February 23. Wilder had an outstanding warrant for Indecency with a Child Sexual Contact issued by the Midlothian Police Department.
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• In Smith County, while working with the Joint East Texas Fugitive Task Force, the Fugitive Apprehension Unit arrested Jordan Syncere Hankins in Tyler on February 23. Hankins had an outstanding warrant for Aggravated Robbery issued by the Tyler Police Department.

The Texas Attorney General’s Human Trafficking Unit made one arrest in relation to the sexual assault of a child.

• In San Patricio County, Gabriel Gonzales, 56, of Mathis was arrested on a sexual assault of a child warrant. This case was received as a tip from the Polaris National Hotline, as well as a request for assistance by the Mathis Police Department.
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  During the investigation, it was determined that in 2020, Gonzales sexually assaulted a child in Mathis. Gonzales was taken into custody without incident and was transported to the San Patricio County Jail with a $40,000 bond.

AG Paxton Sues Griddy, LLC Energy Company

Customers Hit with Exorbitant Energy Bills

AUSTIN – Attorney General Ken Paxton filed a lawsuit against Griddy, LLC for violating the Texas Deceptive Trade Practices Act through false, misleading, and deceptive advertising and marketing practices.

During the February freeze, Texas power companies failed to withstand the winter storm and left millions of Texans without power and heat during lethal, record-low temperatures across the state.

Compounding this disaster, Griddy passed skyrocketing energy costs to customers with little to no warning, resulting in consumers paying hundreds or even thousands of dollars each day for electricity.

“Griddy misled Texans and signed them up for services which, in a time of crisis, resulted in individual Texans each losing thousands of dollars. As Texans struggled to survive this winter storm, Griddy made the suffering even worse as it debited outrageous amounts each day. As the first lawsuit filed by my office to confront the outrageous failure of power companies, I will hold Griddy accountable for their escalation of this winter storm disaster,” said Attorney General Paxton. “My office will not allow Texans to be deceived or exploited by unlawful behavior and deceptive business practices.”

Monday’s lawsuit is seeking injunctive relief from Griddy to ensure that the Texans it serves will receive truthful and accurate energy service in the future and to have the Court order refunds from available sources.

Read a copy of the lawsuit here.  

CONSUMER PROTECTION ALERT: Excessive Energy Bills

AUSTIN – Texas Attorney General Ken Paxton and his Consumer Protection Division is warning Texans to be aware of energy price hikes and offers tips to protect themselves from excessive and potentially unlawful charges after the recent winter weather storm:

• Turn off autopay on utility bills and review each bill prior to paying.
• If you have trouble reading or understanding your bill, please visit the Office of Public Utility Counsel.
• If you would like to file a complaint with the Office of the Attorney General, visit our online complaint form: http://txoag.force.com/CPDOnlineForm

Price-gougers may be required to reimburse consumers and may be held liable for civil penalties of up to $10,000 per violation with an additional penalty of up to $250,000 if the affected consumers are elderly.

You can learn more about the consumer complaint process here: https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint.  

AG Paxton’s Law Enforcement Arrest Round-Up

AUSTIN – The Texas Attorney General’s Election Fraud Unit made three arrests recently in relation to election fraud.

• In Bandera County, Leonor Rivas Garza, Eva Ann Martinez, and Tomas Ramirez were indicted on several charges related to the 2018 Medina County Primary Election. On February 11, Garza, Martinez, and Ramirez turned themselves into the Bandera County Justice System. This case involved allegations of vote harvesting at assisted living centers in Medina County in the 2018 Medina County Primary Election.

The Texas Attorney General’s Fugitive Apprehension Unit made several noteworthy arrests recently.

• In Travis County, Darnell Lamont Harper was arrested in Austin on February 11. Harper was arrested on outstanding warrants for Counts of Threat – Terroristic State Offenses, Evidence Destroying – Tamper Fabricate Physical Evidence With Intent to Impair, Possession of Controlled Substance Penalty Group 1, 1 to 4 GM and Evading Arrest Detention with Vehicle. These warrants were out of the Ellis County Sheriff’s Office and the Austin Police Department.
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• In Harris County, Jeffery Albo was arrested in Spring on February 10. Albo had an open felony warrant for Arrange Meeting with Child for Lewd or Lascivious Acts by the Sutter County Sheriff’s Office in California.
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• In Tarrant County, Juan Enrique Reyes Rodriguez was arrested in Arlington on February 9. Reyes Rodriguez had an outstanding warrant for Indecency with a Child issued by the Saginaw Police Department.
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• In Galveston County, Maurice Taylor was arrested in Galveston on February 9. Taylor had two outstanding warrants for Aggravated Sexual Assault of a Child issued by the Galveston County Justice of the Peace. Taylor is a confirmed Chances Make Champions (CMC) Gang Member.

AG Paxton: Texas Lawsuit Results in Court Halting Biden Administration’s Unlawful Freeze of Deportations, Upholding Federal Law

AUSTIN – Attorney General Ken Paxton today lauded the United States District Court for the Southern District of Texas after it issued a nationwide preliminary injunction halting implementation of a portion of the Biden Administration’s unlawful memorandum to the Department of Homeland Security (DHS).

The memorandum directed an almost complete freeze of deportations of illegal aliens, violating congressionally enacted immigration laws.

The Court also found that the memorandum lacked “a rational explanation” and that the Biden Administration should have given Texas notice and an opportunity to comment on the freeze because it would have a “significant impact” on Texas. That impact would have been a significant financial cost to Texas and taxpayers.

“I fully support the Court’s decision to prevent implementation of the Biden Administration’s unlawful action and prioritize Texans’ safety and the rule of law. A freeze on deportations at this scale would undermine federal law, irreparably harm our great state, and directly endanger our citizens. Law and order must be upheld,” said Attorney General Paxton. “I will continue to defend Texas against those who unlawfully ignore United States law in favor of their own policy preferences.”

Read a copy of the order here. 

Request for Opinion

Request Summary RQ-0394-KP
Eligibility of a newly elected constable under chapter 86 of the Government Code

Date Received
Friday, January 8, 2021

Official Requestor
The Honorable Will Thompson
Navarro County District Attorney
300 West 3rd Avenue, Suite 301
Corsicana, Texas 75110

Request for Opinion

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

Date Received
Monday, January 11, 2021

Official Requestor
The Honorable Christian D. Menefee
Harris County Attorney
1019 Congress, 15th Floor
Houston, Texas 77002-1700

Request for Opinion

Request Summary RQ-0396-KP
Residency requirement to become a candidate for county attorney

Date Received
Friday, January 15, 2021

Official Requestor
Mr. Rusty Friedrichs
Goliad County Auditor
Post Office Box 526
Goliad, Texas 77963

Request for Opinion

Request Summary RQ-0397-KP
Whether amendments to a contingent fee contract for legal services entered into before September 1, 2019, must comply with chapter 2254 of the Government Code.

Date Received
Monday, February 1, 2021

Official Requestor
The Honorable Terry Canales
Chair, House Committee on Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Notification of Opinion

Official Request Summary RQ-0376-KP
Jurisdiction of a criminal district attorney to prosecute federal officials who violate criminal provisions of the Election Code

Official Opinion Summary KP-0357.pdf
Determining whether authority exists to prosecute in any specific situation requires multiple factual determinations, which are outside the scope of the opinion process of this office. 

The Sixth Amendment to the U.S. Constitution and Article 33.03 of the Code of Criminal Procedure establishes a right of the accused to be present in the courtroom through the conclusion of trial proceedings. Under article 33.03, an accused’s right to be present at his trial is unwaivable even by the accused until such a time as the jury has been selected.

Notification of Opinion

Official Request Summary RQ-0375-KP
Boundary line between the High Plains Underground Water Conservation District and the Panhandle Groundwater Conservation District

Official Opinion Summary KP-0356.pdf
Determination of boundary lines between water conservation districts

Notification of Opinion

Official Request Summary RQ-0374-KP
Whether a conflict of interest exists under chapter 171 of the Local Government Code when a city council member votes to waive interest on delinquent property taxes accrued by an unrelated person under particular circumstances.

Official Opinion Summary KP-0355.pdf
Local Government Code section 171.004(a) conflict-of-interest requirements do not apply to a city council member voting on a county matter even though the council member is married to the county tax assessor-collector.

Notification of Opinion

Official Request Summary RQ-0373-KP
Punishment for a violation of the maximum vehicle weight limit established by the executive director of the Texas Department of Transportation under Transportation Code section 621.102.

Official Opinion Summary KP-0354.pdf
Punishment for a violation of the maximum vehicle weight limit established under Transportation Code section 621.102

Notification of Opinion

Official Request Summary RQ-0371-KP
Whether chapter 157 of the Occupations Code requires a physician to provide any level of supervision to a certified registered nurse anesthetist to whom the physician has delegated authority, and the potential liability for such delegation.

Official Opinion Summary KP-0353.pdf
Physician supervision for acts delegated to certified registered nurse anesthetist

Notification of Opinion

Official Request Summary RQ-0370-KP
Whether a deputy sheriff may simultaneously serve as an elected alderman of a Type-A general-law city.

Official Opinion Summary KP-0352.pdf
Deputy sheriff not an officer and not precluded from simultaneously serving as a city councilmember

Notification of Opinion

Official Request Summary RQ-0369-KP
Whether yard signs and a social media post qualify as an “announcement” for candidacy for another office, thus triggering the automatic resignation provision of article XI, section 11 of the Texas Constitution

Official Opinion Summary KP-0351.pdf
Article XVI, section 65 of the Texas Constitution provides that certain district or county officers automatically resign from office upon announcing their candidacy for any other office of profit or trust under the laws of this State or the United States.  Article XI, section 11 applies this provision to officers of a home-rule city that hold a term longer than two years.  To qualify as an announcement under these provisions, the person’s statement must be made in a public setting and be clear and unequivocal.  Whether any given statement satisfies these requirements will involve questions of fact, but to the extent a person posts campaign signs on public property, visible to the general public, urging his or her election, a court would likely conclude that such acts constitute an announcement for purposes of article XVI, section 65.

Article XI, section 11 of the Texas Constitution requires that any vacancy in a home-rule municipal office with a term exceeding two years be filled by majority vote of the qualified voters at a special election.

If a city councilmember automatically resigned within 120 days of the general election in November, the special election to fill the vacancy should be held on the same day as the general election.

Article XVI, section 17 of the Texas Constitution provides that all officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified.  Pursuant to this provision, officeholders subject to the automatic resignation provision hold over in office until a successor is duly qualified.

A city councilmember may not rescind an announcement for candidacy to avoid application of the automatic resignation provision.

Notification of Opinion

Official Request Summary RQ-0368-KP
Whether hotel occupancy tax revenue may be used to fund a public space at an apartment complex under section 351.101 of the Tax Code.

Official Opinion Summary KP-0350.pdf
Chapter 351 of the Tax Code authorizes an expenditure of hotel occupancy tax revenue in the direct promotion of tourism and the convention and hotel industry, provided the expenditure is for one of the specified uses listed in the statute.  To the extent the particular agreement about which you ask expressly provides that the public space is intended to benefit the residents of the apartment complex and does not promote tourism and the convention and hotel industry, it does not satisfy section 351.101.  While it is ultimately a fact question, a court is unlikely to determine that the expenditure as described is an authorized expenditure of hotel occupancy tax revenue.

Notification of Opinion

Official Request Summary RQ-0367-KP
Information a local jurisdiction must provide if denying or conditionally approving a plat under chapters 212 and 232 of the Local Government Code and the authority of local governments to establish prerequisites to the submission of a plat application

Official Opinion Summary KP-0349.pdf
Sections 212.0091 and 232.0026 of the Local Government Code require local jurisdictions to provide specific reasons and legal citations for denying or conditionally approving a plan or plat.

Notification of Opinion

Official Request Summary RQ-0365-KP
Application of section 552.143 of the Government Code to investment information published in a media source of general circulation.

Official Opinion Summary KP-0348.pdf
The application of Government Code section 552.143 to investment information published in a media source of general circulation is determined by specific facts.

Notification of Opinion

Official Request Summary RQ-0389-KP
Public access to the Texas Capitol and whether members of the Legislature may vote on legislation from a location other than their respective chambers.

Official Opinion Summary KP-0347
Article III, section 16 of the Texas Constitution requires that sessions of each House be open, except when the Senate is in executive session.  Thus, when the Legislature meets for a session in the Capitol, it must be open and accessible to the public.