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