Civil Litigation Divisions
civil litigation divisions:
Administrative Law Antitrust Bankruptcy & Collections Civil Medicaid Fraud Consumer Protection & Public Health Financial Litigation General Litigation Law Enforcement Defense Natural Resources Taxation Tort Litigation TransportationThere are twelve civil litigation divisions. They perform a wide variety of functions ranging from prosecuting anitrust violations to providing representation to other state agencies.
The Administrative Law Division provides administrative law litigation and general counsel services to a variety of state agencies, a significant number being occupational licensing agencies. The division enforces and defends agency orders and rules in district and appellate courts, files suits to enjoin the unauthorized practice of licensed professions, and prosecutes licensees before administrative law judges. The division provides general counsel support to state agencies, many of which do not have in-house counsel, and routinely provides advice to these agencies on topics such as the Open Meetings Act, the Public Information Act, rulemaking, contracting, and statutory construction. In addition, the division includes a section devoted solely to litigation support for the Open Records Division of the Office of the Attorney General. The division also presents conferences on government law and liability for board members and agency administrators and publishes the Administrative Law Handbook for state agencies.
The Antitrust Division is charged with investigating and prosecuting violations of the Texas Antitrust Act or federal antitrust statutes which prohibit price fixing and other anti-competitive conduct. In addition the division conducts merger reviews, investigates collusion in government competitive bidding procurement and counsels “whistle blowers” under Texas’s whistle-blower protection program.
The Bankruptcy and Collections Division is the centralized collection unit for the State, charged with the responsibility to recover all debts, judgments, taxes, fees, fines, penalties, loans and other obligations. The Collection Section employs investigators to locate and identify parties responsible for the debt and its attorneys pursue collection in state court. The Bankruptcy Section represents state agencies in federal court around the country, as well as in Texas, to protect the State's monetary and regulatory interests in bankruptcy cases.
The Civil Medicaid Fraud Division prosecutes civil cases of Medicaid fraud. Many of the division’s cases derive from qui tam actions — private whistle-blower lawsuits filed under seal in which the State is asked to intervene. Because the whistle-blower usually includes a similar claim under the Federal False Claims Act, the division often works with federal authorities. The Attorney General has statutory authority to self-initiate civil Medicaid fraud matters and receives referrals from its criminal counterpart in the agency, the Medicaid Fraud Control Unit. In addition the division may receive referrals from the Texas Health and Human Services Commission. The division also helps to coordinate the agency’s compliance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996.
The Consumer Protection & Public Health Division protects consumers and the legitimate business community by filing civil lawsuits under the Deceptive Trade Practices Act and other consumer protection statutes. Although it is widely known for its work in traditional areas of consumer protection litigation - enforcing the laws against false, misleading, or deceptive advertising and marketing practices - the division also takes legal action against nursing homes, assisted living facilities, home health care agencies, and psychiatric facilities that abuse and neglect residents and patients. The division maintains regional offices in Austin, Dallas, El Paso, Houston, Lubbock, McAllen, and San Antonio. In addition, three specialized section protect the public in ways that go beyond the usual consumer issues. The Charitable Trusts Section holds charities responsible to the public, and also represents the public interest in proceedings involving charitable bequests and trusts. The Insurance Practices Section protects Texas consumers from unfair or deceptive practices in the business of insurance. Finally, the Public Agency Representation Section represents the State of Texas as a consumer of utilities.
- Consumer Protection Pages
- Links to Consumer-Related Web Sites
- Senior Texans' Page
- Useful Links for Seniors
The Financial Litigation Division deals generally with financial and commercial frauds and irregularities discovered by its client agencies. The division prosecutes on behalf of state agencies which regulate insurance, securities, consumer credit, banking, savings and loans, unclaimed property, and the practice of public accountancy. One of the division's primary objectives is to prevent the fraudulent sale of unauthorized insurance and unregistered securities. This division offers legal counsel to agencies that provide funding for low-income housing and loans to agricultural endeavors; advises its client agencies on rulemaking and defends administrative appeals; and reviews insurance policies procured by state agencies. The division also represents state agencies in civil suits involving contract disputes and commercial matters.
The General Litigation Division defends state agencies, elected and appointed state officials, and state employees in civil rights litigation including employment litigation. Such suits include whistleblower claims, tenure denials, claims of discrimination, student dismissals, and First and Fourteenth Amendment constitutional claims. The division represents clients in libel, slander and other tort actions. The division defends against challenges to the constitutionality of state statutes. The division handles the above state and federal suits through all litigation stages including the appellate process.
The Law Enforcement Defense Division provides representation for all state law enforcement agencies, and their officials and employees in civil lawsuits brought against them in their official capacities or in the course of their employment. Among the agencies represented are the Texas Department of Criminal Justice, component divisions of the criminal justice system, the Texas Department of Public Safety, and police departments of state universities. Representation may also be provided to employees who serve as adult probation and juvenile probation officers for the State, district attorneys, and in some administrative law cases and actions in quo warranto against elected officials.
The Natural Resources Division provides legal representation in state and federal district and appellate courts on behalf of the State of Texas and various state agencies in matters pertaining to pollution control, environmental protection, safe drinking water, colonias prevention, water rights, public utilities, parks and wildlife, oil and gas, public lands, open beaches, pesticides and radiation control, among other matters. The legal work of NRD can be broadly categorized into enforcement litigation, agency defense litigation, and legal counseling.
The Taxation Division primarily defends the Comptroller of Public Accounts when it is sued by taxpayers disputing audit liabilities or the Comptroller's refusal to refund taxes paid in the regular course of business. The division publishes a monthly report summarizing the Comptroller cases. The division also defends the Texas Workforce Commission in "pay day" and unemployment cases in which either a former employee or a former employer is aggrieved by an administrative decision regarding the payment of wages.
The Tort Litigation Division primarily defends state agencies and state employees in suits involving personal injury, medical malpractice, property damage, workers’ compensation, libel, slander, and anti-retaliation. The Division also evaluates pre-litigation claims for potential settlement or defense of said claims and it provides advice to numerous state entities on tort related civil matters. Most of the suits defended by the Tort Litigation Division are brought under the Texas Tort Claims Act (TTCA), the Medical Liability and Insurance Improvement Act and the Texas Labor Code.
The Transportation Division represents the Texas Department of Transportation in all litigation matters. This includes eminent domain (land acquisition), prosecution of violations of highway beautification laws, enforcement of contracts, recoupment of monies expended by the State for job-related injuries and externally caused damages to state property, defense of employment discrimination claims, defense of tort claims, and prosecution and collection of certain administrative penalties. The Transportation Division also handles condemnation cases for all state agencies having the power of eminent domain.
