The Texas Attorney General is the lawyer for the State of Texas and is charged by the Texas Constitution to:
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, 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.
WEEKLY NEWS ROUND-UP OF THE STATE’S
TOP LAW ENFORCEMENT OFFICER…
THE TEXAS ATTORNEY GENERAL
Release Date: July 10, 2018
AG Paxton Leads 14-State Brief Challenging Constitutionality of the Consumer Financial Protection Bureau
AUSTIN – Leading a coalition of 14 states, Attorney General Ken Paxton today filed a friend-of-the-court brief with the U.S. Court of Appeals for the 5th Circuit, challenging the constitutionality of the Consumer Financial Protection Bureau (CFPB).
The CFPB was designed to be a rogue agency and its structure violates the Constitution’s separation of powers, Attorney General Paxton said. The CFPB operates like a branch of government unto itself, insulated from Congressional appropriations and presidential authority. Its unlawful structure allows for an unelected and unaccountable director to wield more power than anyone else in the U.S. government, except the president.
Earlier this year, the D.C. Circuit Court of Appeals ruled that the CFPB’s structure was constitutional, but the U.S. District Court for the Southern District of New York reached the opposite conclusion last month. The coalition of states is asking the 5th Circuit to disagree with the D.C. Circuit’s decision.
Attorney General Paxton is joined on the amicus brief by his counterparts from Arkansas, Georgia, Indiana, Kansas, Louisiana, Michigan, Nebraska, Oklahoma, South Carolina, Tennessee, Utah, and West Virginia along with Maine Governor Paul R. LePage.
Texas originally challenged the constitutionality of the CFPB and its Arbitration Rule last October, filing a multi-state coalition brief with the U.S. District Court for the Northern District of Texas. A month later, President Trump and Congress rescinded the rule. Attorney General Paxton also led a coalition of states with several friend-of-the-court briefs supporting the president’s authority to appoint an acting CFPB director.
View the brief here: https://bit.ly/2NFRRir.
Release Date: July 9, 2018
AG Paxton Releases Statement on U.S. Supreme Court Nominee Brett Kavanaugh
AUSTIN – Attorney General Ken Paxton today released the following statement regarding President Trump’s nomination of Brett Kavanaugh to the United States Supreme Court:
“Brett Kavanaugh is an extraordinarily well-qualified Supreme Court nominee, in the mold of Justice Gorsuch, President Trump’s superb first pick for the high court. Judge Kavanaugh has distinguished himself as one of the nation’s leading constitutional scholars.”
“He has written over 300 opinions, including many widely-cited decisions on federal regulations, statutory interpretation, and separation of powers.”
“Judge Kavanaugh’s many years as an appellate judge demonstrate his firm commitment to following the rule of law and the original understanding of the Constitution. He’ll make an excellent addition to the Supreme Court and leave a lasting legacy on the law.”
Release Date: July 9, 2018
AG Paxton’s Office Warns San Antonio Against Circumventing Texas Law on Paid Sick Leave
AUSTIN – Attorney General Ken Paxton’s office today cautioned San Antonio city leaders about Texas law that preempts municipalities from enacting ordinances requiring employers to provide paid sick leave.
In a letter to San Antonio Mayor Ron Nirenberg and members of the city council, the attorney general’s office expressed concern about a petition submitted to the city clerk to place a municipal paid sick leave ordinance on the ballot. Under the city’s charter, the council must vote on whether to enact the ordinance as proposed. If it declines to do so, then the city must place the proposal on the ballot for voters to decide.
“We write to inform you that no matter the Council’s decision or the result of any ballot initiative, Texas law preempts a municipal paid sick leave ordinance,” the letter from the attorney general’s office explains. Because the proposed ordinance would increase wages for the workweek beyond those permitted by the Texas Minimum Wage Act, the state law preempts such a measure.
When the Legislature enacted the Minimum Wage Act, it intended to set a single, uniform policy for all of Texas. The policy it set made no mention of requiring employers to provide paid time off from work. The law expressly preempts cities like San Antonio from passing a different law simply because they disagree with the judgment of the state’s elected representatives.
“We ask that the City Council reject the proposed ordinance because state law preempts it,” the letter from the attorney general’s office concludes.
In April, Attorney General Paxton intervened in a lawsuit filed by the National Federation of Independent Business, American Staffing Association, Leading Edge Personnel, Staff Force, HT Staffing, and Burnett Staffing Specialists against the city of Austin’s unlawful sick leave ordinance, which is scheduled to take effect on October 1.
View the letter to San Antonio’s mayor and city council here: https://bit.ly/2m2vZ4a.
Release Date: July 6, 2018
Texas Is Part Of 11-State Coalition In Brief To Prevent Texas From Becoming A Sanctuary State For Abortions
AUSTIN – Leading an 11-state coalition, Attorney General Ken Paxton today filed a friend-of-the-court brief with the U.S. Court of Appeals for the D.C. Circuit defending the federal government’s refusal to facilitate abortions for unlawfully-present minor aliens who were apprehended while attempting to enter the country.
In March, a district court judge ruled in Garza v. Azar that the U.S. Constitution confers on unlawfully-present aliens the right to an elective abortion that is not medically necessary, even when they have virtually no ties to the U.S.
“Unlawfully-present aliens with no substantial ties to the U.S. do not have a constitutional right to an elective abortion,” Attorney General Paxton said. “The lower court’s ruling contradicts U.S. Supreme Court precedent and harms the public interest because it incentivizes even more unlawful immigration. Texas must not become a sanctuary state for abortions.”
Last year, Attorney General Paxton led multiple friend-of-the-court briefs supporting the federal government’s right to refuse to facilitate abortions for an unlawfully-present unaccompanied minor alien (“Jane Doe”) in Texas. She was detained in a shelter after unlawfully entering the U.S. and ultimately had an abortion. Texas had been prepared to file a 12-state brief with the U.S. Supreme Court in the “Doe” case.
Joining Texas on today’s friend-of-the-court brief are the attorneys general of Arkansas, Louisiana, Michigan, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, and West Virginia, along with the governor of Kentucky.
View the brief here: https://www.texasattorneygeneral.gov/files/epress/files/2018/20180706_AmicusBr._of_States_of_Texas_et_al.pdf
Release Date: July 5, 2018
48 Texas Gas Stations Agree to Refund Consumers for Hurricane Harvey Price Gouging
AUSTIN – Attorney General Ken Paxton today announced that his Consumer Protection Division finalized settlements with 48 Texas gas stations accused of price gouging during the state of disaster declared for Hurricane Harvey.
Under separate agreements, 48 businesses will pay $166,592 in civil restitution to refund Texans who were charged exorbitant or excessive prices for gasoline. Most of the businesses that agreed to these Assurances of Voluntary Compliance (AVCs) operate gas stations in the Dallas-Fort Worth area.
“At the outset of Harvey, I made it clear that my office would not tolerate price gouging of Texans by anyone looking to profit from the hurricane,” Attorney General Paxton said. “The response to Hurricane Harvey showed the incredible generosity of Texans. These settlements should teach the few who take advantage of their fellow residents to follow the law in the future.”
As Hurricane Harvey was approaching the Texas coast last year, Governor Greg Abbott declared a state of disaster activating a provision of the Texas Deceptive Trade Practices Act that makes price gouging illegal.
In the wake of the hurricane, the attorney general’s office received thousands of complaints about inflated prices at gasoline pumps. Many Texans emailed photos and receipts as evidence. Investigations are ongoing.
All 48 gas stations that settled with the attorney general’s office charged $3.99 or higher for a gallon of gasoline or diesel. Some stations allegedly charged as much as $8.99 for gas at the time of the declared disaster. As part of the settlements, each gas station agreed not to price gouge in the future and to pay restitution to consumers.
Last September, Attorney General Paxton filed price gouging lawsuits against three businesses, then issued notices of violations to 127 businesses before filing additional lawsuits in November.
Texans who believe they were victims of price gouging at the hands of any of the gas stations settling with the state should fill out and submit a claim form. Claim forms will be accepted until September 10. The amount a consumer will receive as part of this settlement will vary depending on the gallons purchased, the price paid for the gasoline and the amount available in the restitution fund.
In this latest hurricane season, consumers and businesses in Texas are reminded that price gouging is illegal. Under the AVCs announced today, each station owner agreed that going forward, they would not increase their prices by more than 25 percent during a disaster unless it was in response to actual increases in their fuel costs.
This financial relief will establish a clear line for businesses going forward to ensure that they do not engage in illegal price gouging following another disaster.
Texans who believe they’ve been scammed or price gouged by any business should call the attorney general’s Consumer Protection Hotline toll-free at (800) 621-0508, email consumeremergency@oag.texas.gov, or file a complaint online at https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint.
• Past Weekly Round Up’s For Texas Attorney General – Ken Paxton •
July 5, 2018: Weekly News Round Up Of The State’s Top Law Enforcement Officer
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Duties & Responsibilities of the Office of the Attorney General
Attorney General Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:
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, 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.
The Office of the Attorney General has taken on numerous other roles through the years. Texas statutes contain nearly 2000 references to the Attorney General. In addition to its constitutionally prescribed duties, the Office of the Attorney General files civil suits upon referral by other state agencies.
In some circumstances, the Attorney General has original jurisdiction to prosecute violations of the law, but in most cases, criminal prosecutions by the Attorney General are initiated only upon the request of a local prosecutor.
Although the Attorney General is prohibited from offering legal advice or representing private individuals, he serves and protects the rights of all citizens of Texas through the activities of the various divisions of the agencies.
Actions that benefit all citizens of this state include enforcement of health, safety and consumer regulations; educational outreach programs and protection of the rights of the elderly and disabled. The Attorney General is also charged with the collection of court-ordered child support and the administration of the Crime Victims’ Compensation Fund.
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