Paxton sues multiple school districts over mask warrants and other Texas AG news – Corridor News

Staff report

TThe responsibilities of the Attorney General’s office are to serve as legal advisor to all state government boards and agencies, to provide legal opinions at the request of the governor, heads of state agencies and other officials and agencies, in accordance with Texas laws.

Texas AG sits as an ex-officio member of state committees and commissions and defends state law challenges and lawsuits against state agencies and individual state employees.

Many Texans turn to the attorney general’s office for advice on disputes and legal issues. The agency receives hundreds of letters, phone calls and visits every week on crime victim compensation, child support, nursing home abuse, possible consumer fraud and other topics.

To learn more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.

Paxton obtains temporary restraining order against Paris ISD in mask warrant lawsuit

AUSTIN – Attorney General Ken Paxton has announced that a Lamar County district court has issued a temporary restraining order against Paris ISD over its illegal mask warrant.

The court agreed with General Paxton that the district did not “have the authority to issue or enforce a face mask warrant in light of Gov. Abbott’s Executive Order GA-38” and banned the district from enforce its mandate as long as GA-38 remains in effect.

This is the second recent victory for the rule of law in Texas after the Fort Worth Court of Appeals reinstated a temporary injunction against Fort Worth ISD’s mask warrant.

“The law is clear, and this superintendent knows it, but he has no problem continuing to waste precious state resources on impossible prosecutions instead of providing for his students,” the attorney general said. Paxton. “This temporary restraining order is just the first step in restoring order to our great state and ending this disruption caused by rogue local officials.”

Read the temporary restraining order here.

Attorney General Paxton joins 23 states to fight federal takeover of state elections

AUSTIN – In letter to congressional leaders, Attorney General Ken Paxton and 22 other attorneys general warn that reckless bill under consideration on Capitol Hill would essentially establish the US Department of Justice as national election czar dictating to states exactly how they should administer their elections.

The letter opposing the John Lewis Advancement Voting Act – or HR 4 – is led by Indiana Attorney General Todd Rokita.

Already passed in the House, the legislation would require states to first obtain “preclearance” from the federal government before enacting electoral reforms such as voter identification requirements and voter registration laws.

“After struggling long and hard to pass Texas SB 1, which helps stop voter fraud and increase public confidence in our election, I refuse to stand idly by and allow voters in the great state of Texas to be silent, ”Attorney General Paxton said. “HR 4 undermines the integrity of our elections, ignores the myriad problems of electoral fraud and I pledge to end this misguided proposal. “

SB 1 was adopted in the last special legislative session and will be in effect for the 2022 primary elections.

To read the letter, click here.

Paxton sues San Antonio CIO over employee vaccination mandate

AUSTIN – Attorney General Paxton has filed a lawsuit against the San Antonio Independent School District and Superintendent Pedro Martinez for demanding that all employees in the district be vaccinated against COVID-19.

This warrant violates Executive Order GA-39, which Governor Abbott implemented to prohibit government entities like San Antonio ISD from forcing individuals to be injected with a COVID-19 vaccine, whether the vaccine is fully approved or licensed. for emergency use only.

“The decision to openly violate state law and devote district resources to defending Superintendent Martinez’s unlawful actions is irresponsible,” said Attorney General Paxton. “But if school districts decide to use their limited funding to try to break the law, my office will stand against them and uphold the rule of law in Texas.”

To view a copy of the trial, click here.

Paxton files several lawsuits against school districts defying state law

AUSTIN – Attorney General Ken Paxton today announced the filing of three lawsuits against three school districts challenging Gov. Abbott’s Executive Order GA-38 over mask warrants: Richardson, Round Rock, Galveston, Elgin, Spring and Sherman Independent School Districts.

During the 2021-2022 school year, several school districts across the state refused to follow state law – the Texas Disaster Act and Executive Order GA-38 – which puts the governor in charge of the response. statewide to the COVID-19 pandemic.

The attorney general’s office provides for the filing of additional lawsuits if school districts and other government entities continue to defy state law.

“Not only do Texas superintendents openly violate state law, but they are using district resources – which should be used to increase teacher merit or other educational benefits – to defend their illegal political maneuvers,” he said. said Attorney General Ken Paxton. “If districts choose to spend their money on legal fees, they should do so knowing that my office is ready and willing to litigate these cases. I have full confidence that the courts will side with the law – not acts of political defiance. “

To view the list of non-GA-38 compliant schools, click here.

Paxton joins coalition to prevent ATF from violating Second Amendment rights

AUSTIN – Attorney General Ken Paxton has joined a multi-state coalition that has filed an amicus brief with the United States Supreme Court, seeking to prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from reinterpreting federal laws to state that owning or using a “bump stock” turns a semi-automatic rifle into a machine gun, exposing the owner to criminal prosecution.

The brief argues that thousands of Americans have legally purchased and owned these props for years and use them for lawful purposes and that the revised interpretation of the ATF will have far-reaching consequences and restrict Second Amendment fundamental freedoms. .

“The ATF has gone completely overboard in reversing its nearly two-decade-old opinion on this issue, leaving many responsible gun owners vulnerable to prosecution for legally purchased accessories,” said Attorney General Paxton . “This federal organization has no right to use its power to unconstitutionally restrict Americans’ rights to the Second Amendment.”

Read the Amicus note here.

AG Paxton joins multi-state coalition to defend religious freedom

AUSTIN – Texas Attorney General Ken Paxton joined a multi-state amicus brief in support of religious freedom in a Virginia case, arguing that the city of Fredericksburg violated the First Amendment by denying a exemption from property tax for a residence belonging to a church and occupied by two of its pastors.

Contrary to long-standing constitutional doctrine that protects religious entities from judicial intrusion, the Virginia court rejected the church’s theological assessment of its doctrine and substituted its own, concluding that pastors did not matter. not as “ministers”.

“The Virginia court denied a religious organization’s tax exemption by taking the law into its own hands, and the First Amendment prohibits this type of government interference in faith and religion,” Attorney General Paxton said. “Courts cannot refuse to recognize religious freedoms when the facts and the Constitution specifically support them. “

Read the full Amicus Brief here.

Notice Notice

Summary of official request RQ-0400-KP
Power of a public prosecutor to represent the State in the litigation of an emergency conservatory order under article 17.292 of the Code of Criminal Procedure issued by a municipal judge sitting as a magistrate

Summary of official opinion KP-0385
Power of the public prosecutor to represent the State before the municipal court in disputes relating to article 17.292 of the Code of Criminal Procedure, emergency conservatory order

Request for an opinion

Summary of official request RQ-0432-KP
Is a decree enforceable as “law” under subsection 1.07 (a) (30) of the Penal Code

Date of receipt
Friday, September 10, 2021

Official applicant
The Honorable Dee Hobbs
Williamson County Attorney
405 MLK Street,
Georgetown, Texas 78626

Request for an opinion

Summary of official request RQ-0431-KP
Appropriate method of distributing coronavirus relief funds in a jurisdiction of less than 500,000 people, but in a county of more than 500,000 people

Date of receipt
Friday, September 10, 2021

Official applicant
The Honorable Brandon Creighton
Chairman, Senate Committee on Higher Education
Texas State Senate
P.O. Box 12068
Austin, Texas 78711-2068

Request for an opinion

Summary of official request RQ-0430-KP
If Article 5, Section 1-a, of the Texas Constitution prohibits a candidate from running for state judicial office if the candidate is 74 years of age on the date of election but turns 75 before the start of the term

Date of receipt
Wednesday, September 9, 2021

Official applicant
The Honorable Pam Guenther
Jackson County Criminal District Attorney
115 Main Street West, Room 205
Edna, Texas 77957

Request for an opinion

Summary of official request RQ-0429-KP
Whether Executive Order GA-38 creates a right, privilege, power, or immunity with respect to the ability of Texans not to wear face coverings

Date of receipt
Thursday, September 2, 2021

Official applicant
The Honorable Dee Hobbs
Williamson County Attorney
405 MLK Street, # 7
Georgetown, Texas 78626

Request for an opinion

Summary of official request RQ-0428-KP
While article 55.01 (a) (1) (C) of the Code of Criminal Procedure, which provides for the expungement of all records and records relating to the arrest of a person convicted of unlawfully carrying certain weapons, includes the expungement of the conviction itself

Date of receipt
Wednesday, September 1, 2021

Official applicant
The Honorable Mark A. Gonzalez
Nueces County District Attorney
901 Leopard, room 206
Corpus Christi, Texas 78401