Weekly News Round Up Of The State’s Top Law Enforcement Officer – Texas Attorney General
Record-Setting Year for Public Information Requests and Opinions, Prison Sentence in Sex Trafficking Case Involving Women and Underage Victims…
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 Reaches $148 Million Settlement with Uber for Data Breach
AUSTIN – Attorney General Ken Paxton and his counterparts from 49 other states and the District of Columbia today announced a $148 million settlement with California-based ride-sharing company Uber Technologies, Inc. over its one-year delay in reporting a data breach regarding Uber drivers.
Uber learned in November 2016 that hackers gained access to some personal information that the company maintains about its drivers, including drivers’ license information pertaining to approximately 600,000 drivers nationwide. Uber tracked down the hackers and obtained assurances that they deleted the information. However, Uber failed to report the breach in a timely manner in accordance with state law and waited until November 2017 to report it or inform affected drivers that their drivers’ license information had been unlawfully accessed.
“Instead of notifying its drivers of the data breach in a timely manner, Uber violated Texas law by concealing the incident for a full year,” Attorney General Paxton said. “Withholding that information deprived many Texans the opportunity to protect themselves from identity theft and fraud – crimes with serious consequences for consumers and businesses. Today’s settlement ensures that Uber will follow the law in the future and sends a message that my office will go after companies that do not take seriously their legal obligations to protect the personal information of Texans.”
As part of the $148 nationwide settlement, Texas will receive more than $6.4 million, most of which will be returned to Uber drivers across the state. In addition, Uber agreed to strengthen its corporate governance and data security practices to help prevent a similar occurrence in the future.
With this settlement award, Texas will provide eligible Uber Texas drivers with a $100 payment. Eligible drivers are those whose driver’s license numbers were accessed during the 2016 breach. Some of those drivers may no longer be driving for Uber but are still eligible. A settlement administrator will be appointed to provide notice and payment to eligible drivers. Details of that process will be announced by this office after the effective date of the settlement.
The settlement between the state of Texas and Uber requires the company to:
- Comply with the Texas Identity Theft Enforcement and Protection Act, regarding protecting Texas residents’ personal information and notifying them in the event of a data breach concerning their personal information;
- Take precautions to protect any user data Uber stores on third-party platforms outside of Uber;
- Use strong password policies for its employees to gain access to the Uber network;
- Develop and implement a strong overall data security policy for all data that Uber collects about its users, including assessing potential risks to the security of the data and implementing any additional security measures beyond what Uber is doing to protect the data;
- Hire an outside qualified party to assess Uber’s data security efforts on a regular basis and draft a report with any recommended security improvements. Uber will implement any such security improvement recommendations; and
- Develop and implement a corporate integrity program to ensure that Uber employees can bring any ethics concerns they have about any other Uber employees to the company, and that it will be heard.
All 50 states and the District of Columbia are participating in this multistate agreement with Uber.
View the original petition here: https://bit.ly/2N22j2d
View the judgment here: https://bit.ly/2DzmjK6
AG Paxton Intervenes into Lawsuit to Defend Texas Pledge of Allegiance Statute and Parental Rights
AUSTIN – Attorney General Ken Paxton today intervened into a lawsuit to defend parental rights protected under a Texas law that standardizes the practice of reciting the Pledge of Allegiance in public schools, but allows parents to have their children opt out.
A former Cypress Fairbanks Independent School District student refused to participate in the pledge and sued, claiming that the requirement is an unconstitutional violation of the First Amendment.
“The U.S. Supreme Court has repeatedly held that parents have a fundamental interest in guiding the education and upbringing of their children, which is a critical aspect of liberty guaranteed by the Constitution,” Attorney General Paxton said. “The Texas Legislature protected that interest by giving the choice of whether an individual student will recite the Pledge of Allegiance to the student’s parent or guardian. School children cannot unilaterally refuse to participate in the pledge.”
Texas is among 26 states with similar statutes that make reciting the Pledge of Allegiance a regular part of every school day. Furthermore, 16 other states have statutes that allow for time to be set aside for students who wish to say the Pledge of Allegiance.
On written request from a student’s parent of guardian, a Texas public or charter school can excuse a child from participating in the pledge. The U.S. Court of Appeals for the 11th Circuit has held that doing so is a legitimate way to protect parents’ interest in determining how their children will be educated on civic values and does not violate the students’ First Amendment rights.
“Requiring the pledge to be recited at the start of every school day has the laudable result of fostering respect for our flag and a patriotic love of our country,” Attorney General Paxton said. “This case is about providing for the saying of the pledge of allegiance while respecting the parental right to direct the education of children. The district court should uphold the Education Code and the right of parents to determine whether their children will recite the Pledge of Allegiance.”
View a copy of the intervention here: https://bit.ly/2ONaCRa.
AG Paxton Congratulates His Office’s Former Special Counsel Michael C. Toth on Appointment, Swearing-In to Texas’ 3rd Court of Appeals
AUSTIN – Attorney General Ken Paxton today congratulated Michael C. Toth – a former special counsel on his office’s executive team – after he was sworn in as justice on the Texas 3rd Court of Appeals. Toth was appointed by Governor Greg Abbott to replace Justice Bob Pemberton, who retired after 15 years on the court.
“Michael Toth has a great legal mind, the highest ethical standards, and will serve the people of Texas as a justice on the 3rd Court of Appeals with dignity, dedication and brilliance,” Attorney General Paxton said. “Justice Toth will remain true to the constitution and apply the law as it was enacted by the people’s representatives, not legislate from the bench.”
Toth served in leadership for Attorney General Paxton for two years before leaving earlier this year to assume the role of senior counsel at Austin law firm Dykema Cox Smith. During his tenure with the attorney general’s office, Toth developed and implemented litigation strategy in a number of high-profile cases, generated successful arguments in federal cases that resulted in nationwide injunctive relief, and spearheaded the attorney general’s engagement with federal officials and state attorneys general on federal statutory and regulatory issues.
Previously, Toth served as a trial attorney in the United States Marine Corps, rising to the rank of major, and remains a legal advisor to an active duty unit in the reserves. Earlier in his career, he clerked for the Hon. Edith H. Jones of the U.S. Court of Appeals for the 5th Circuit and for the Hon. Ursula Ungaro of the Southern District of Florida.
Toth earned his law degree and a master’s in history from the University of Virginia, and received a bachelor’s in history, magna cum laude, from Stanford University.
Based in Austin, the 3rd Court of Appeals handles criminal and civil appeals from 24 Central Texas counties. Toth’s appointment as a justice on the 3rd Court of Appeals is for a term to expire December 31, 2018.
NOTIFICATION OF OPINION
Opinion: KP-0215 Whether a municipality is authorized to adopt a residential homestead property tax exemption that establishes a floor for the exemption in an amount greater than $5,000, and, if not, whether an appraisal district may disregard or modify the exemption
Request for Opinion: RQ-0242-KP
Summary: Subsection 11.13(n) of the Tax Code provides that if a municipality adopts a tax exemption percentage that produces an exemption of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value.
Because article VIII, section 1-b(e) of the Texas Constitution and the Legislature establish a legislatively-defined floor for the exemption in an amount of $5,000, a court would likely conclude that a home-rule municipality lacks authority to increase the floor above $5,000. Municipalities desiring to increase the homestead exemption must do so by raising the tax exemption percentage, up to twenty percent, as authorized in the Constitution.
The Legislature charged the chief appraiser with determining an individual’s right to a property tax exemption, and the Commission of Licensing and Regulation prohibits appraisers from engaging in an official act that violates the law.
If a taxing unit adopts an unlawful exemption, the appraiser maintains both a legal and ethical duty to determine that the exemption is inapplicable to the extent it violates the law.
NOTIFICATION OF OPINION
Opinion: KP-0214 Whether subchapter D, chapter 615, of the Government Code requires municipalities to allow survivors of a part-time public safety employee to purchase health insurance benefits when the employee was not eligible for health insurance benefits at the time of the employee’s death
Request for Opinion: RQ-0216-KP
Summary: If a surviving spouse meets the eligibility requirements under subsection 615. 072( a) of the Government Code, a court would likely conclude the spouse is entitled to purchase health insurance benefits from the municipality that employed a part-time safety employee pursuant to subsection 615.073(b), regardless of whether the employee was eligible for the benefits prior to death.
NOTIFICATION OF OPINION
Opinion: KP-0213 Obligations of a criminal district attorney under Code of Criminal Procedure article 39.14 to disclose to a defendant information obtained by the criminal district attorney during the performance of certain civil duties
Request for Opinion: RQ-0215-KP
Summary: A court would likely conclude, as one appellate court already has, that the knowledge of an assistant criminal district attorney is imputed to the prosecutor as “the State” for purposes of article 39.14 of the Code of Criminal Procedure regardless of internal division affiliation.
To the extent information provided to an assistant criminal district attorney acting in a civil capacity constitutes an item described by subarticle 39.14(a) but is protected by the attorney-client privilege, the plain language of subarticle (a) would exempt its disclosure to the defendant.
However, a court would likely conclude that any exculpatory information meeting the requirements of subarticle 39.14(h) obtained by such an attorney must be disclosed to the defendant, notwithstanding any attorney-client or other evidentiary privilege.
To the extent that information obtained by an assistant criminal district attorney acting in a civil capacity is confidential under section 261.201 of the Family Code, any duty of disclosure in subarticle 39.14(a) of the Code of Criminal Procedure would not be triggered except pursuant to court order obtained under subsection. 261.201 (b) or ( c ).
A court would likely conclude that any exculpatory information obtained by an assistant criminal district attorney that meets the requirements of subarticle 39.14(h) but that is made confidential by section 261.201 shall be disclosed only pursuant to court order obtained under subsection 261.201 (b) or ( c ).
REQUEST FOR AN OPINION
Whether Bosque County may prohibit employees or elected officials from carrying weapons while conducting county business in the courthouse due to liability.
Received: Thursday, September 20, 2018
Re: Whether Bosque County may prohibit employees or elected officials from carrying weapons while conducting county business in the courthouse due to liability
Requestor: The Honorable Natalie Cobb Koehler
Bosque County Attorney
Post Office Box 215
Meridian, Texas 76665
REQUEST FOR AN OPINION
Authority of county law enforcement to enforce county weight regulations on county road.
Received: Wednesday, September 19, 2018
Re: Authority of county law enforcement to enforce county weight regulations on county roads
Requestor: The Honorable Matthew C. Poston
Liberty County Attorney
1923 Sam Houston Street, Suite 202
Liberty, Texas 77575
AG Paxton: Open Records Division Experiences Record-Setting Year for Public Information Requests and Opinions
AUSTIN – Attorney General Ken Paxton today announced that the Open Records Division of his office handled a record number of public information requests and issued an all-time record number of rulings during state fiscal year 2018.
Between September 1, 2017, and August 31, 2018, the 60 employees in the attorney general’s Open Records Division issued 30,939 rulings, a 6.6 percent increase over fiscal year 2017. They also handled over 50,000 pieces of mail and responded to more than 10,000 calls to the division’s open government hotline.
“I applaud the outstanding work of the employees in our Open Records Division and their dedication to transparency and open decision-making, both fundamental principles of the Texas Public Information Act,” Attorney General Paxton said. “Open government elevates Texans to their proper role as partners in leadership. My office is here to protect that role.”
The Open Records Division of the attorney general’s office issues rulings and decisions that determine whether information is open to the public under the Public Information Act and other applicable laws.
Each year, the division receives thousands of letter briefs from governmental bodies seeking decisions on open records matters. Division staff also provide public information training across the state, including an annual open government conference that accepted approximately 700 registrants this year.
For more information, visit https://www.texasattorneygeneral.gov/og/open-government, or call the toll-free Open Government Hotline at 877-OPEN TEX (673-6839).
REQUEST FOR AN OPINION
Whether chapter 1704 of the Occupations Code prohibits a jail or detention facility from using a third party contractor to provide persons in the custody of law enforcement with information on available bail bond services
Received: Friday, September 14, 2018
Re: Whether chapter 1704 of the Occupations Code prohibits a jail or detention facility from using a third party contractor to provide persons in the custody of law enforcement with information on available bail bond services
Requestor: The Honorable Rene O. Oliveira
Chair, Committee on Business & Industry
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
AG Paxton Announces Final Victory for Texas in Voter ID Case
AUSTIN – Attorney General Ken Paxton today declared a final victory in his fight to preserve Texas’ common-sense voter ID law. A U.S. District Court judge agreed with Texas that the plaintiffs’ remaining claims must be dismissed because the case is now moot and the plaintiffs are not entitled to any relief.
“I’m proud of the successful fight my office waged to defend Texas’ voter ID law,” Attorney General Paxton said. “With this major legal victory, voter ID requirements remain in place going forward to prevent fraud and ensure that election results accurately reflect the will of Texas voters. Safeguarding the integrity of our elections is a primary function of state government and is essential to preserving our democratic process.”
Enacted by the Texas Legislature last session, Senate Bill 5 removes any burden on voters who cannot obtain a photo ID. Registered voters without one of the seven state-approved forms of photo identification to cast an in-person ballot by signing a sworn declaration of reasonable impediment stating why they couldn’t obtain photo ID.
In April, a three-judge panel of the U.S. Court of Appeals for the 5th Circuit upheld Senate Bill 5, reversing a lower court ruling that blocked Texas from enforcing voter ID. Those challenging the upheld law chose not to pursue any additional appeals.
Attorney General Paxton defended the constitutionality of the voter ID law at a hearing before the 5th Circuit last December in New Orleans. Previously, the U.S. Department of Justice said it was satisfied Senate Bill 5 “eradicates any discriminatory effect or intent” and expands voter identification options.
AG Paxton’s Office, Jefferson County DA Bob Wortham Obtain Conviction, 60-Year Prison Sentence in Sex Trafficking Case Involving Women and Underage Victims
AUSTIN – As a result of a joint effort by his office and the Jefferson County District Attorney’s Office, Attorney General Ken Paxton today announced that a jury found Johnny Ray Matlock guilty on charges of continuous trafficking of persons, a first-degree felony. Matlock waived his right to appeal and accepted a 60-year prison sentence, which is the equivalent of a life sentence in Texas.
Attorney General Paxton’s Human Trafficking and Transnational/Organized Crime section, led by Deputy Criminal Chief Kirsta Melton, was invited by District Attorney Wortham to partner with his office on Jefferson County’s first human trafficking case. Assistant District Attorney Kimberly Pipkin worked with Melton on the trial.
“This collaboration between my office and the district attorney’s office in Jefferson County is an outstanding example of how we’re fighting to ensure that justice is served upon those who commit the despicable crime of sex trafficking,” Attorney General Paxton said. “I want to thank the prosecutors and law enforcement agents for their efforts on this investigation to put away a despicable human trafficker.”
Last March, a grand jury indicted Matlock, of Silsbee, on charges he used social media and apps to recruit two underage girls and two women, causing them to be victims of sex trafficking. In court today, Matlock also agreed to plead guilty to a felony charge of possession of a firearm. A 10-year sentence for that will run concurrently with his sentence on human trafficking.
In July, a joint effort by the attorney general’s human trafficking unit, the Travis County District Attorney’s office and the Texas Department of Public Safety culminated in a 40-year prison sentence for the trafficker of a 14-year-old girl.
Attorney General Paxton has made combating human trafficking a top priority. Two years ago, he launched his office’s Human Trafficking and Transnational/Organized Crime section, which prosecutes human traffickers across the state. In April, the section’s prosecution of Backpage.com resulted in the company pleading guilty to human trafficking in Texas and its CEO, Carl Ferrer, pleading guilty to money laundering.
The attorney general’s office also assisted the U.S. Department of Justice with permanently shutting down the website, which was considered the largest online sex trafficking marketplace in the world.
Earlier this year, Attorney General Paxton unveiled a powerful training video to teach Texans how to spot and report suspected human trafficking activity. “Be the One in the Fight Against Human Trafficking” is available for viewing online at https://www.texasattorneygeneral.gov/human-trafficking.
AG Paxton’s Election Fraud Unit Obtains Jail Sentence, Deportation for Non-Citizen Charged with Voter Impersonation and Voter Fraud
AUSTIN – Attorney General Paxton today announced that Laura Janeth Garza, a Mexican national, pleaded guilty to charges of voter impersonation and ineligible voting, both second-degree felonies. She was sentenced in Montgomery County Court to 10 years in jail, probated for 10 years, charged a $10,000 fine, and 180 days in jail to be served day-for-day on each count as a condition of probation. Garza will be deported after serving her jail time.
The Texas Department of Public Safety’s (DPS) Houston Region brought Garza’s case to Attorney General Paxton’s office, and it was determined in May that she stole the identity of a U.S. citizen and illegally registered to vote in Harris County. Garza voted illegally in multiple elections, including the November 2016 presidential election, “Election integrity is a top priority for my office, and arrests and convictions like this clearly demonstrate our commitment to ensuring that Texas elections remain free and fair,” Attorney General Paxton said. “Anyone attempting to deprive the people of Texas of their voice in either state or federal elections will be brought to justice and penalized by the full extent of the law.”
The U.S. State Department referred Garza’s case to the Criminal Investigations Division of DPS after a citizen attempted to obtain a U.S. Passport, only to discover that Garza had already done so using the woman’s identity. The case was then handed over to the Office of the Attorney General for an election fraud investigation.
View the order here: https://bit.ly/2N7tw8t
AG Paxton Applauds District Court’s Injunction Preventing Enforcement of Unlawful Obama-Era WOTUS Rule
AUSTIN – Attorney General Ken Paxton today applauded a U.S. District Court after it issued an injunction affecting Texas, Louisiana and Mississippi to prevent enforcement of the unlawful Obama-era Waters of the United States (WOTUS) rule.
Last month, Attorney General Paxton and his counterparts from Louisiana and Mississippi filed a motion asking the court to expedite their request for an injunction. The legal action was necessary after a district court in South Carolina overturned President Trump’s effort to delay the WOTUS rule so that the U.S. Environmental Protection Agency could prepare a replacement rule.
While district courts in North Dakota and Georgia enjoined WOTUS in 24 states, the rule remained in effect in Texas, Louisiana, Mississippi and other states not covered by the two injunctions.
“Today’s district court ruling is a win for property owners in Texas, Louisiana and Mississippi, sparing them from the unlawful and impractical WOTUS rule that would allow EPA regulation of ponds, streams and puddles on private land. By restoring principles of federalism to this area of law, the ruling is an even bigger win for the Constitution and the fundamental liberties it protects,” Attorney General Paxton said.
In 2015, Attorney General Paxton was part of a multi-state coalition lawsuit that won a nationwide stay against WOTUS in the 6th Circuit Court of Appeals, preventing the federal government from taking control of ponds, streams and puddles of Texas property owners.
One of President Trump’s first actions in office was an executive order directing the EPA to begin the process of eliminating WOTUS. At the time, he characterized the rule as “one of the worst examples of federal regulation.” Earlier this year, the U.S. Supreme Court ruled that cases litigating the Clean Water Act should be heard by federal district courts.
View a copy of the injunction here: https://bit.ly/2QrImEP.
