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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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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 87, Local Government Code, |
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is amended by adding Section 87.0135 to read as follows: |
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Sec. 87.0135. OFFICIAL MISCONDUCT GROUNDS: POLICY OF |
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NONENFORCEMENT OF CRIMINAL OFFENSES. (a) In this section: |
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(1) "Policy" includes an instruction or directive |
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expressed in any manner. |
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(2) "Prosecuting attorney" means a district attorney |
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or a county attorney with criminal jurisdiction. |
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(b) A prosecuting attorney may not adopt or enforce a policy |
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under which the prosecuting attorney refuses to prosecute a class |
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or type of criminal offense for any reason other than to comply with |
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an injunction, judgment, or order issued by a court. |
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(c) In compliance with Subsection (b), a prosecuting |
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attorney may not permit an attorney who is employed by or otherwise |
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under the direction or control of the prosecuting attorney to |
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refuse to prosecute a class or type of criminal offense for any |
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reason other than to comply with an injunction, judgment, or order |
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issued by a court. |
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(d) A prosecuting attorney who violates this section |
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commits official misconduct for purposes of removal under this |
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subchapter. |
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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. |