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  88R5631 JCG-D
 
  By: Cook H.B. No. 1350
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of criminal offenses by district
  attorneys, criminal district attorneys, and county attorneys;
  providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 41, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G.  ENFORCEMENT OF CRIMINAL OFFENSES
         Sec. 41.371.  DEFINITIONS. In this subchapter:
               (1)  "Policy" includes a formal, written rule or policy
  and an informal, unwritten policy.
               (2)  "Prosecuting attorney" means a district attorney,
  a criminal district attorney, or a county attorney with criminal
  jurisdiction.
         Sec. 41.372.  POLICY ON ENFORCEMENT OF CRIMINAL OFFENSES.
  (a)  A prosecuting attorney may not:
               (1)  adopt or enforce a policy under which the
  prosecuting attorney prohibits or materially limits the
  enforcement of any criminal offense; or
               (2)  as demonstrated by pattern or practice, prohibit
  or materially limit the enforcement of any criminal offense.
         (b)  In compliance with Subsection (a), a prosecuting
  attorney may not prohibit or materially limit a peace officer or
  attorney who is employed by or otherwise under the direction or
  control of the prosecuting attorney from enforcing any criminal
  offense.
         Sec. 41.373.  INJUNCTIVE RELIEF. (a) The attorney general
  may bring an action in a district court in Travis County or in a
  county in which the principal office of the prosecuting attorney is
  located to enjoin a violation of Section 41.372.
         (b)  The attorney general may recover reasonable expenses
  incurred in obtaining relief under this section, including court
  costs, reasonable attorney's fees, investigative costs, witness
  fees, and deposition costs.
         Sec. 41.374.  CIVIL PENALTY. (a)  A prosecuting attorney who
  a court finds has intentionally violated Section 41.372 is subject
  to a civil penalty in an amount equal to:
               (1)  not less than $1,000 and not more than $1,500 for
  the first violation; and
               (2)  not less than $25,000 and not more than $25,500 for
  each subsequent violation.
         (b)  Each day of a continuing violation of Section 41.372
  constitutes a separate violation for the civil penalty imposed
  under this section.
         (c)  The court that hears an action brought under Section
  41.373 against the prosecuting attorney may determine the amount of
  the civil penalty imposed under this section.
         (d)  The attorney general may sue to collect the penalty
  under this section and may recover reasonable expenses incurred in
  collecting the penalty, including court costs, reasonable
  attorney's fees, investigative costs, witness fees, and deposition
  costs.
         (e)  Sovereign immunity of this state and governmental
  immunity of a county to suit is waived and abolished to the extent
  of liability created by this section.
         Sec. 41.375.  REMOVAL FROM OFFICE. (a)  For purposes of
  Section 66.001, Civil Practice and Remedies Code, a prosecuting
  attorney performs an act that causes the forfeiture of the
  prosecuting attorney's office if the prosecuting attorney violates
  Section 41.372.
         (b)  The attorney general shall file a petition under Section
  66.002, Civil Practice and Remedies Code, against a prosecuting
  attorney to whom Subsection (a) applies if presented with evidence,
  including evidence of a statement by the prosecuting attorney,
  establishing probable grounds the prosecuting attorney engaged in
  conduct described by Subsection (a). The court in which the
  petition is filed shall give precedence to proceedings relating to
  the petition in the same manner as provided for an election contest
  under Section 23.101.
         (c)  If the prosecuting attorney against whom an information
  is filed based on conduct described by Subsection (a) is found
  guilty as charged after a jury trial, the court shall enter judgment
  removing the person from office.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.