Weekly News Round Up From The Texas AG’s Office

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: Fifth Circuit Grants Stay Protecting Election Fraud Prevention Measures

AUSTIN – Attorney General Ken Paxton commended the United States Court of Appeals for the Fifth Circuit for granting a stay that preserves critical anti-fraud provisions in the Texas Election Code.

The stay halts a district court order that demanded the Texas Secretary of State issue unlawful advisories directing local election officials to forego their duty to ensure that the voter who submits a mail-in ballot is the same person who applied to vote by mail.

“The Fifth Circuit correctly recognized that the district court’s order rewriting Texas election law on the eve of an election is impermissible. I commend the Fifth Circuit for putting on hold this unjustified injunction while our appeal plays out. I will continue to defend the integrity of Texas elections and combat voter fraud,” said Attorney General Paxton.

To prevent fraud, Texas election law generally requires all voters to vote by personal appearance at a polling place, with specific protections for distinct groups, such as the elderly or disabled, to cast their ballots by mail.

Texans who wish to vote by mail must first submit an application for a mail-in ballot. If the application is approved, the voter must then mail the completed ballot along with a certificate signed by the voter certifying that the ballot is their own.

Local officials are required to verify that the ballot was lawfully submitted by the voter by comparing signatures on the ballot and certificate and notify the voter if the ballot is not accepted.

Read a copy of the order here.

AG Paxton Statement on Tragic Death of Houston Police Sergeant

AUSTIN – Attorney General Ken Paxton gave this statement following the horrific news of Houston Police Department Sergeant Harold Preston’s death in the line of duty:

AG Paxton Sues Google for Illegally Maintaining Monopolies in Internet Search and Search Advertising Services

AUSTIN – Attorney General Ken Paxton announced today that Texas is suing Google for engaging in anticompetitive and exclusionary practices that eliminate competition for internet searches and search advertising. Texas is joining the U.S. Department of Justice (USDOJ) and the States of Arkansas, Florida, Georgia, Kentucky, Indiana, Louisiana, Mississippi, Missouri, Montana, and South Carolina in filing an antitrust suit challenging Google’s exclusionary business practices.

According to the AG’s office, Google’s illegal conduct has allowed it to dominate the search industry by requiring exclusivity from business partners and avoiding competition on the merits while shielding itself from competitors who might threaten its market share.

“Google’s anticompetitive business strategies have disrupted the competitive process, reduced consumer choice, and stifled innovation,” said Attorney General Paxton. “The violations set forth in the complaint show that Google no longer resembles the innovative startup it was 20 years ago. Our action today is intended to restore competition and allow rivals and next-generation search engines to challenge Google so that the marketplace, not a monopolist, will decide how search services and search ads are offered.”

The complaint explains that Google’s practices have harmed competition for search services and search advertising not only on mobile devices and personal computers but also on emerging search access points, such as voice assistants, smart speakers, automobiles, and Internet of Things devices.

Google’s practices have harmed consumers by reducing choices in areas like privacy, data protection, and the use of consumer data, ultimately diminishing the quality of search services.

Google’s anticompetitive conduct has also given it the ability to increase advertisers’ costs and reduce the quality of its advertising services.

Read a copy of the filing here.

Fifth Circuit Grants Stay Protecting Election Fraud Prevention Measures

AUSTIN – Attorney General Ken Paxton commended the United States Court of Appeals for the Fifth Circuit for granting a stay that preserves critical anti-fraud provisions in the Texas Election Code.

The stay halts a district court order that demanded the Texas Secretary of State issue unlawful advisories directing local election officials to forego their duty to ensure that the voter who submits a mail-in ballot is the same person who applied to vote by mail.

“The Fifth Circuit correctly recognized that the district court’s order rewriting Texas election law on the eve of an election is impermissible. I commend the Fifth Circuit for putting on hold this unjustified injunction while our appeal plays out. I will continue to defend the integrity of Texas elections and combat voter fraud,” said Attorney General Paxton.

To prevent fraud, Texas election law generally requires all voters to vote by personal appearance at a polling place, with specific protections for distinct groups, such as the elderly or disabled, to cast their ballots by mail.

Texans who wish to vote by mail must first submit an application for a mail-in ballot.

If the application is approved, the voter must then mail the completed ballot along with a certificate signed by the voter certifying that the ballot is their own.

Local officials are required to verify that the ballot was lawfully submitted by the voter by comparing signatures on the ballot and certificate and notify the voter if the ballot is not accepted.

Read a copy of the order here.

Notification of Opinion

Official Request Summary RQ-0349-KP
Whether Paycheck Protection Program loans are authorized investments under subsection 2256.009(a)(4) the Public Funds Investment Act

Official Opinion Summary KP-0337
Paycheck Protection Program loans fully guaranteed by the Small Business Administration generally satisfy the statutory requirements of an authorized investment under section 2256.009(a)(4).

Notification of Opinion

Official Request Summary RQ-0348-KP
Whether a professional employer organization that conducts money transmission as defined in the Finance Code is subject to licensure under the Finance Code, notwithstanding licensure as a professional employer organization under the Labor Code

Official Opinion Summary KP-0336
A professional employer organization’s performance of its statutory duties under chapter 91 of the Labor Code pursuant to a professional employer services agreement does not constitute money transmission for which a separate license is required under chapter 151 of the Finance Code.

Notification of Opinion

Official Request Summary RQ-0344-KP
Whether a search warrant and “warrant return” are subject to disclosure under the Public Information Act, or any other law or regulation of the State of Texas, when there is an ongoing criminal investigation

Official Opinion Summary KP-0335
The Texas Code of Criminal Procedure governs access to a search warrant, warrant return, and property inventory, and a court would likely conclude that these documents are subject to public disclosure by a district clerk.