Attor­ney Gen­er­al Ken Pax­ton Secures Vic­to­ry in the Supreme Court of Texas to Pro­tect the OAG’s Inves­tiga­tive Authority

Attorney General Ken Paxton secured a ruling from the Supreme Court of Texas that reaffirms the Attorney General's authority to issue civil investigative demands ("CIDs") under the Deceptive Trade Practices Act to obtain documents relevant to investigations into potential violations of Texas law.

The ruling came in Office of the Attorney General v. PFLAG, Inc., a case arising from the Attorney General's investigation into whether medical providers may have used deceptive billing practices to conceal violations of Texas's law that prohibits gender "transition" procedures for minors.

The Texas Supreme Court reversed the district court's order that blocked enforcement of the CIDs and held that the OAG may obtain relevant documents through a CID when it reasonably believes a person or organization may possess information related to possible violations of the Deceptive Trade Practices Act. The case has been remanded for further proceedings consistent with the opinion.

"This is a major victory for the rule of law. The Supreme Court of Texas has affirmed that my office has the authority to investigate individuals who are engaging in deceptive trade practices," said Attorney General Paxton. "No one engaging in such unlawful activity will be shielded from my office's authority to use every legal tool available to uncover the truth and hold them accountable."

The Court's decision reinforces that the Attorney General has broad statutory authority to investigate potential deceptive trade practices and that courts should not second-guess reasonable investigative decisions made by the state's chief law enforcement officer.

To read the opinion, click here.