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A BILL TO BE ENTITLED
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AN ACT
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relating to official misconduct by and removal of prosecuting |
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attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 87.011, Local Government Code, is |
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amended by amending Subdivision (3) and adding Subdivisions (4) and |
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(5) to read as follows: |
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(3) "Official misconduct" means intentional, unlawful |
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behavior relating to official duties by an officer entrusted with |
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the administration of justice or the execution of the law. The term |
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includes: |
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(A) an intentional or corrupt failure, refusal, |
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or neglect of an officer to perform a duty imposed on the officer by |
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law; or |
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(B) a prosecuting attorney's adoption or |
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enforcement of a policy of categorically refusing to prosecute |
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specific criminal offenses under state law, except a policy |
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adopted: |
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(i) in compliance with state law or an |
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injunction, judgment, or other court order; |
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(ii) in response to an evidentiary |
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impediment to prosecution; |
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(iii) to provide for diversion or similar |
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conditional dismissals of cases; or |
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(iv) to require supervisory review or the |
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presentation of certain specified evidence before prosecution is |
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authorized. |
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(4) "Policy" means an instruction or directive |
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expressed in any matter. |
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(5) "Prosecuting attorney" means a district attorney |
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or a county attorney with criminal jurisdiction. |
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SECTION 2. Section 87.015, Local Government Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(b-1) to read as follows: |
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(b) A petition for removal of an officer other than a |
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prosecuting attorney may be filed by any [Any] resident of this |
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state who has lived for at least six months in the county in which |
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the petition is to be filed and who is not currently under |
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indictment in the county [may file the petition]. At least one of |
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the parties who files the petition must swear to it at or before the |
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filing. |
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(b-1) A petition for removal of a prosecuting attorney may |
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be filed by any resident of this state who, at the time of the |
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alleged cause of removal, lives and has lived for at least six |
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months in the county in which the alleged cause of removal occurred |
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and who is not currently charged with a criminal offense other than |
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a Class C misdemeanor in that county. At least one of the parties |
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who files the petition must swear to it at or before the filing. |
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(c) A [The] petition for removal of an officer other than a |
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prosecuting attorney must be addressed to the district judge of the |
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court in which it is filed. A petition for removal of a prosecuting |
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attorney must be addressed to the presiding judge of the |
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administrative judicial region in which the petition is filed. The |
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petition must set forth the grounds alleged for the removal of the |
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officer in plain and intelligible language and must cite the time |
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and place of the occurrence of each act alleged as a ground for |
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removal with as much certainty as the nature of the case permits. |
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SECTION 3. Subchapter B, Chapter 87, Local Government Code, |
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is amended by adding Section 87.0151 to read as follows: |
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Sec. 87.0151. ASSIGNMENT OF JUDGE IN CERTAIN CASES. (a) |
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Immediately after a petition for removal of a prosecuting attorney |
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is filed with a district court under Section 87.015, the district |
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clerk shall deliver a copy of the petition to the presiding judge of |
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the administrative judicial region in which the court sits. |
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(b) On receiving a petition for removal of a prosecuting |
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attorney under Subsection (a), the presiding judge of the |
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administrative judicial region shall assign a district court judge |
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of a judicial district that does not include the county in which the |
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petition was filed to conduct the removal proceedings. |
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SECTION 4. Section 87.018, Local Government Code, is |
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amended by amending Subsections (e) and (f) and adding Subsection |
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(g) to read as follows: |
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(e) In a proceeding to remove a county attorney who is not a |
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prosecuting attorney from office, the district attorney shall |
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represent the state. If the county does not have a district |
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attorney, the county attorney from an adjoining county, as selected |
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by the commissioners court of the county in which the proceeding is |
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pending, shall represent the state. |
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(f) In a proceeding to remove a prosecuting attorney [the |
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county attorney or district attorney] from office, the presiding |
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judge of the administrative judicial region in which the petition |
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for removal was filed shall appoint a prosecuting [the county] |
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attorney from another judicial district or county, as applicable, |
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in the administrative judicial region to [from an adjoining county, |
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as selected by the commissioners court of the county in which the |
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proceeding is pending, shall] represent the state [if the attorney |
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who would otherwise represent the state under this section is also |
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the subject of a pending removal proceeding]. |
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(g) In a proceeding to remove a prosecuting attorney from |
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office, a prosecuting attorney's public statement indicating the |
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prosecuting attorney has adopted or enforced or intends to adopt or |
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enforce a policy described by Section 87.011(3)(B) creates a |
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rebuttable presumption that the prosecuting attorney has committed |
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official misconduct. |
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SECTION 5. The changes in law made by this Act apply only to |
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an action taken by a prosecuting attorney on or after the effective |
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date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |