Weekly News Round Up Of The State’s Top Law Enforcement Officer – Texas Attorney General
Staff Report
Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:
- defend the laws and the Constitution of the State of Texas
- represent the State in litigation
- approve public bond issues
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/.
WEEKLY NEWS ROUND-UP OF THE STATE’S
TOP LAW ENFORCEMENT OFFICER…
THE TEXAS ATTORNEY GENERAL
AG Paxton: Travis County District Court Should Require the City of Austin to Comply with Texas’ Open Carry Law
AUSTIN – During a trial this week, lawyers from Attorney General Ken Paxton’s office asked a Travis County district court to require the city of Austin to allow residents to lawfully carry firearms in City Hall, as the state’s open carry law requires it to do.
“The city of Austin cannot defy Texas’ licensed carry laws, or any state law enacted by the Texas Legislature, simply because it disagrees with the law or feels like ignoring it,” Attorney General Paxton said. “I will always vigilantly protect and preserve the Second Amendment rights of Texans, and I’m hopeful the Travis County district court will uphold Texas’ open carry law passed by the people’s representatives.”
In July 2016, Attorney General Paxton filed a lawsuit against the city of Austin after a resident with a concealed gun permit complained of being turned away from City Hall on several occasions.
Under Texas law, the city of Austin can be fined $1,500 a day for more than 500 days during which the city has barred citizens with a handgun license from bringing handguns into City Hall since the lawsuit was filed.
The attorney general’s legal team asked the Travis County district court to impose a total fine of over $750,000.
Prior to the lawsuit, Attorney General Paxton issued a letter that found the city of Austin’s ban violated Texas’ open carry law.
While Texas law prohibits people from bringing firearms into courtrooms or court offices, the exemption does not apply to Austin City Hall. Even if a building has a courtroom, guns must be allowed in parts of the building that aren’t exclusive to courthouse functions.
AG Paxton Joins President Trump in McAllen at Roundtable on Border Security
AUSTIN – Attorney General Ken Paxton today joined President Trump, Homeland Security Secretary Kirstjen Nielsen, U.S. Senators John Cornyn and Ted Cruz, and Texas Lieutenant Governor Dan Patrick in McAllen for a roundtable on immigration and border security.
The Trump administration is requesting $5.7 billion from Congress to secure America’s borders – an amount that’s one-tenth of 1 percent of federal spending.
“I appreciated President Trump’s invitation to participate in the roundtable, and I expressed my gratitude that the rule of law is finally returning to the southwest border under his leadership,” Attorney General Paxton said. “Texans know better than anybody that no one has done more to secure our borders than President Trump. Failing to secure our borders causes devastating loss to Texans and to those who come to our state illegally.”
Texas is home to roughly half of the nation’s southwest border, and about 68 percent of those caught crossing the border illegally into the United States enter through Texas.
Attorney General Paxton shared with President Trump the statistics in Texas related to border security: Between 2011 and 2018, nearly 200,000 criminal illegal aliens were booked into Texas jails and charged with committing 291,000 criminal offenses, including 539 homicides.
Victims of illegal immigration crime also spoke at the roundtable, including Maria Vega. Her son, Javier Vega, Jr., a U.S. Border Patrol agent in Texas, was killed by two illegal immigrants in 2014.
In his remarks at the roundtable, Attorney General Paxton dispelled any notion that a border wall won’t work, singling out El Paso and its 131-mile fence that was completed in 2010. “El Paso used to have one of highest crime rates in America,” he said. “Since that fence went up, the crime rates in El Paso are now among the lowest in the country. So, we know it works.”
Attorney General Paxton also spoke about the dangers migrants face on their journey, such as winding up victims of human trafficking. Texas is considered a major hub for traffickers, and one report estimated there are more than 300,000 victims of sex and labor trafficking at any given time in the state.
In 2016, the attorney general created a special unit in his office to combat the problem. “Border security will clearly have a positive effect on those horrible statistics affecting our women and children,” Attorney General Paxton said.
AG Paxton Joins 21 States in Support of William Barr for U.S. Attorney General
AUSTIN – Attorney General Ken Paxton today joined 21 attorneys general in encouraging the U.S. Senate to again confirm William P. Barr as U.S. Attorney General.
He has received strong bipartisan accolades and support during the confirmation process. Barr previously served as attorney general for President George H.W. Bush from 1991 to 1993.
In their letter, the attorneys general wrote: “In reviewing Mr. Barr’s extensive record of service and achievement, it is clear to us that he exemplifies two of the most crucial traits Americans look for in an Attorney General: independence and a commitment to the even-handed application of the law.”
In addition to a strong stance on the separation of powers doctrine, Barr has demonstrated dedication to protecting American citizens and a distinct interest in partnering with state legal and law enforcement agencies to end violent crimes and threats to citizens across the nation.
Consistent collaboration between state Attorneys General and the U.S. Department of Justice is necessary to effectively protect public safety and uphold the rule of law.
“President Trump nominated a brilliant and highly respected attorney who has showed unfailing commitment to the rule of law and fidelity to the pursuit of justice over his entire career,” Attorney General Paxton said. “I am confident that he will lead the Justice Department with integrity, honor and distinction, just as he did under President George H.W. Bush.”
If confirmed, Barr will replace Jeff Sessions who resigned in November 2018. Matthew Whitaker – previously Sessions’ chief of staff at the Justice Department – is currently serving as the Acting Attorney General.
To view the letter, click here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2019/Press/1.15.19%20Barr%20Support%20Letter_21%20states.pdf.
AG Paxton Commends President Trump’s Nomination of Former Texas Deputy Solicitor General Sean Jordan to the U.S. District Court in Plano
AUSTIN – Attorney General Ken Paxton today commended President Trump’s nomination of former Texas Deputy Solicitor General Sean Jordan to the United States District Court for the Eastern District of Texas in Plano. He is currently the co-chair of Jackson Walker’s appellate practice group in the law firm’s Austin office.
“Sean Jordan is a brilliant attorney and I’m confident he will perform his duties as a federal jurist knowing that the role of a judge is to interpret the law, not to legislate,” Attorney General Paxton said. “During his career in private practice and as Texas deputy solicitor general, Sean established a proven record of excellence and professionalism. He’ll make an outstanding addition to the federal bench.”
Before joining Jackson Walker, Jordan served as Texas deputy solicitor general, representing the state, its agencies and officials in numerous appeals. In that role, he also led a team of appellate lawyers in supervising federal and state court appeals handled by the attorney general’s office.
Jordan has argued before the U.S. Supreme Court and written numerous Supreme Court briefs, twice winning the “Best Brief Award” from the National Association of Attorneys General.
Jordan represents President Trump’s seventh confirmed or pending nomination to a court involving a former or current staffer of the Texas attorney general’s office. Former Texas Supreme Court Justice Don Willett, James Ho and Kyle Duncan and Andrew Oldham were confirmed to the U.S. Court of Appeals for the 5th Circuit.
Last April, David Morales was tapped for the U.S. District Court for the Southern District of Texas, and current Texas Deputy Solicitor General Cam Barker was nominated by the president to the U.S. District Court for the Eastern District of Texas.
AG Paxton Congratulates Governor Abbott and Lieutenant Governor Patrick on their Inauguration
AUSTIN – Attorney General Ken Paxton today released the following statement following the inauguration of Texas Governor Greg Abbott and Lieutenant Governor Dan Patrick:
“I congratulate Governor Abbott and Lieutenant Governor Patrick on their inauguration and look forward to continuing to work alongside them to serve the people of this great state. Both are men of great faith who care deeply about Texas and the lives of Texans. Their courageous and effective leadership has made and kept Texas the best place in the nation to live, work, raise a family and start a business. As Attorney General, I’ll continue to be with them every step of the way to keep Texas moving forward.”
AG Paxton Defends Texas Law Keeping Taxpayer Money from Companies that Boycott Israel
AUSTIN – Attorney General Ken Paxton today asked a U.S. District Court to deny motions for a preliminary injunction against a Texas law that prevents state-funded companies from boycotting Israel.
Last month, Bahia Amawi sued the Pflugerville Independent School District, whom she had contracted with, and Attorney General Paxton, alleging that Texas’ anti-discrimination law violates her right to free speech.
Subsequently, the American Civil Liberties Union filed a similar lawsuit on behalf of four individuals – John Pluecker, Obinna Dennar, Zachary Abdelhadi and George Hale – against the attorney general, two universities and two school districts.
In his brief, Attorney General Paxton told the district court that Texas’ law applies to companies, not individuals. These individuals’ personal economic decisions to avoid products made in or affiliated with Israel, or their right to freely express views on the Israeli-Palestinian conflict, do not constitute “company” action under Chapter 2270 of the Texas Government Code.
“Texas law simply provides that if you choose to engage in nationality-based discrimination, then you may be choosing to forgo the privilege of receiving taxpayer money,” Attorney General Paxton said. “The state of Texas has the right to boycott boycotters in this instance. Doing so does not suppress protected speech or expression. The law supports a long-established principle of non-discrimination, and the motions for a preliminary injunction should be denied.”
Texas’s anti-discrimination law is not unique. Twenty-four other states have adopted similar legislation or executive orders not to contract with businesses that discriminatorily boycott Israel.
None of the states’ anti-boycott statutes prohibits any individual from expressing anti-Israel views or engaging in anti-Israel economic boycotts.
Under the statutes, a company may boycott Israel, but it can’t conduct a discriminatory boycott while receiving taxpayer funds for a government procurement contract.
In 2017, the Texas Legislature passed House Bill 89, which prohibits the state from contracting with and investing in companies that boycott Israel.
Israel is Texas’s fourth biggest trading partner. In February 2018, Attorney General Paxton, joined by his counterpart from Nevada, filed a friend-of-the-court brief in U.S. District Court in support of Arizona’s anti-discrimination law.
View a copy of today’s brief here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2019/Press/20190115_25.0_D%20Omnibus%20Res%20to%20Ps’%20Mtn%20for%20PI.PDF.
AG Paxton’s Election Fraud Unit Arrests Non-Citizen Charged with Illegal Voting in Navarro County
AUSTIN – Attorney General Ken Paxton today announced that Marites Canete Curry, of Corsicana, was indicted on one count of illegal voting and arrested following an investigation by the Election Fraud Unit of his office.
Curry is a non-citizen who voted illegally in Navarro County in the November 2016 general election.
“This latest election fraud arrest demonstrates my office’s commitment to ensuring that Texas has the most secure elections in the country,” Attorney General Paxton said. “Illegal voting undermines one of the most fundamental principles of our nation: one person, one vote. Violators of our election laws will be caught and prosecuted.”
The illegal voting charge against Curry is a second-degree felony and carries a penalty of 2-20 years in prison. Navarro County election records indicated she illegally registered to vote in June 2016.
From 2005-2017, the attorney general’s office prosecuted 97 defendants for numerous voter fraud violations. In 2018, Attorney General Paxton’s Election Fraud Unit – with assistance from a criminal justice grant from the governor’s office – prosecuted 33 defendants for a total of 97 election fraud violations.
Last February, the attorney general announced a significant voter fraud initiative and addressed key problems and policy areas related to election law.
Request for Opinion
RQ-0263-KP: https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2019/pdf/RQ0263KP.pdf
Received: Tuesday, January 15, 2019
Re: Applicability of nondisclosure orders on the licensing operations of the Texas Board of Nursing, and reconsideration of GA-0919 due to amendments to chapter 411 of the Government Code
Requestor: Ms. Katherine A. Thomas, MN, RN, FAAN
Executive Director
Texas Board of Nursing
333 Guadalupe Street, Suite 3-460
Austin, Texas 78701
