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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of criminal offenses by district |
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attorneys, criminal district attorneys, and county attorneys; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 41, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. ENFORCEMENT OF CRIMINAL OFFENSES |
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Sec. 41.371. DEFINITIONS. In this subchapter: |
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(1) "Policy" includes a formal, written rule or policy |
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and an informal, unwritten policy. |
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(2) "Prosecuting attorney" means a district attorney, |
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a criminal district attorney, or a county attorney with criminal |
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jurisdiction. |
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Sec. 41.372. POLICY ON ENFORCEMENT OF CRIMINAL OFFENSES. |
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(a) A prosecuting attorney may not: |
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(1) adopt or enforce a policy under which the |
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prosecuting attorney prohibits or materially limits the |
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enforcement of any criminal offense; or |
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(2) as demonstrated by pattern or practice, prohibit |
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or materially limit the enforcement of any criminal offense. |
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(b) In compliance with Subsection (a), a prosecuting |
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attorney may not prohibit or materially limit a peace officer or |
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attorney who is employed by or otherwise under the direction or |
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control of the prosecuting attorney from enforcing any criminal |
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offense. |
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Sec. 41.373. INJUNCTIVE RELIEF. (a) The attorney general |
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may bring an action in a district court in Travis County or in a |
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county in which the principal office of the prosecuting attorney is |
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located to enjoin a violation of Section 41.372. |
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(b) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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Sec. 41.374. CIVIL PENALTY. (a) A prosecuting attorney who |
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a court finds has intentionally violated Section 41.372 is subject |
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to a civil penalty in an amount equal to: |
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(1) not less than $1,000 and not more than $1,500 for |
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the first violation; and |
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(2) not less than $25,000 and not more than $25,500 for |
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each subsequent violation. |
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(b) Each day of a continuing violation of Section 41.372 |
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constitutes a separate violation for the civil penalty imposed |
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under this section. |
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(c) The court that hears an action brought under Section |
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41.373 against the prosecuting attorney may determine the amount of |
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the civil penalty imposed under this section. |
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(d) The attorney general may sue to collect the penalty |
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under this section and may recover reasonable expenses incurred in |
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collecting the penalty, including court costs, reasonable |
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attorney's fees, investigative costs, witness fees, and deposition |
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costs. |
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(e) Sovereign immunity of this state and governmental |
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immunity of a county to suit is waived and abolished to the extent |
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of liability created by this section. |
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Sec. 41.375. REMOVAL FROM OFFICE. (a) For purposes of |
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Section 66.001, Civil Practice and Remedies Code, a prosecuting |
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attorney performs an act that causes the forfeiture of the |
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prosecuting attorney's office if the prosecuting attorney violates |
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Section 41.372. |
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(b) The attorney general shall file a petition under Section |
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66.002, Civil Practice and Remedies Code, against a prosecuting |
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attorney to whom Subsection (a) applies if presented with evidence, |
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including evidence of a statement by the prosecuting attorney, |
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establishing probable grounds the prosecuting attorney engaged in |
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conduct described by Subsection (a). The court in which the |
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petition is filed shall give precedence to proceedings relating to |
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the petition in the same manner as provided for an election contest |
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under Section 23.101. |
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(c) If the prosecuting attorney against whom an information |
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is filed based on conduct described by Subsection (a) is found |
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guilty as charged after a jury trial, the court shall enter judgment |
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removing the person from office. |
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SECTION 2. 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. |