H.R. No. 2440
 
 
 
R E S O L U T I O N
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 88th Legislature, Regular Session, 2023, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on House Bill 17 (official misconduct by
  and removal of prosecuting attorneys) to consider and take action
  on the following matters:
         (1)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 1 of the
  bill, by adding to the definition of "official misconduct" in added
  Sections 87.011(3)(B) and (C), Local Government Code, a prosecuting
  attorney's adoption or enforcement of a policy instructing "law
  enforcement to refuse to arrest individuals suspected of committing
  a class or type of offense under state law".
         Explanation: The change is necessary to ensure that a
  prosecuting attorney may not avoid committing official misconduct,
  as defined and amended by the bill, by instructing law enforcement
  to refuse to arrest individuals whom the attorney is prohibited
  from refusing to prosecute.
         (2)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill by adding the following new
  SECTION to the bill:
         SECTION 2.  Subchapter B, Chapter 87, Local Government Code,
  is amended by adding Section 87.0131 to read as follows:
         Sec. 87.0131.  DEFENSE IN CERTAIN CASES.  It is a defense in
  an action alleging a prosecuting attorney committed official
  misconduct described by Section 87.011(3)(C) that the prosecuting
  attorney took action immediately on discovering an attorney
  employed by or otherwise under the direction or control of the
  prosecuting attorney was acting as described by Section
  87.011(3)(C).
         Explanation:   The change is necessary to provide a defense in
  a removal action alleging certain official misconduct committed by
  a prosecuting attorney, if the attorney took immediate action on
  discovering the misconduct was occurring.
 
  Cook
 
  ______________________________
  Speaker of the House     
 
         I certify that H.R. No. 2440 was adopted by the House on May
  28, 2023, by the following vote:  Yeas 87, Nays 51, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House