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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 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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or a county attorney with criminal jurisdiction. |
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(b) 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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(c) In compliance with Subsection (b), 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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(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. |