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A BILL TO BE ENTITLED
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AN ACT
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relating to enforcement of criminal offenses by state agencies, law |
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enforcement agencies, political subdivisions, or local entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 10, Government Code, is |
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amended by adding Chapter 3001 to read as follows: |
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CHAPTER 3001. PROHIBITED POLICY ON NONENFORCEMENT OF CRIMINAL |
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OFFENSES |
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Sec. 3001.001. PROHIBITION. A state agency, law |
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enforcement agency, political subdivision, or local entity that |
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receives any public funds shall not adopt, enforce, or endorse a |
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policy, resolution, ordinance, or initiative categorically |
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prohibiting or discouraging the enforcement or prosecution of a |
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criminal offense. |
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Sec. 3001.002. COMPLAINT; EQUITABLE RELIEF. (a) Any |
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person may file a complaint with the attorney general if the person |
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offers evidence to support an allegation that a state agency, law |
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enforcement agency, political subdivision, or local entity is |
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violating Section 3001.001. |
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(b) If the attorney general determines that a complaint |
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filed under Subsection (a) against a state agency, law enforcement |
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agency, political subdivision, or local entity is valid, the |
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attorney general shall, not later than the 10th day after the date |
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of the determination, provide written notification to the state |
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agency, law enforcement agency, political subdivision, or local |
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entity that: |
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(1) the complaint has been filed; and |
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(2) the attorney general is authorized to file an |
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action to enjoin the violation if the state agency, law enforcement |
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agency, political subdivision, or local entity does not come into |
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compliance with the requirements of Section 3001.001 on or before |
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the 30th day after the date the notification is provided. |
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(c) If, following the 30th day after the notification |
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described in Subsection (b) is provided, the attorney general |
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determines that the state agency, law enforcement agency, political |
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subdivision, or local entity is not in compliance with Section |
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3001.001, the attorney general may petition the chief justice of |
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the supreme court to convene the special three-judge district court |
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described by Chapter 22A to hear a petition for a writ of mandamus |
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or other appropriate equitable relief to compel the state agency, |
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law enforcement agency, political subdivision, or local entity that |
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is violating Section 3001.001 to comply with that section. The |
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court shall be convened in Travis County or the county in which the |
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principal office of the state agency, law enforcement agency, |
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political subdivision, or local entity is located. The attorney |
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general may recover reasonable expenses incurred in obtaining |
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relief under this subsection, including court costs, reasonable |
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attorney's fees, investigative costs, witness fees, and deposition |
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costs. |
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(d) An appeal of a suit brought under Subsection (c) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. |
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Sec. 3001.003. CIVIL PENALTY. (a) A state agency, |
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political subdivision, or local entity, that violates Section |
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3001.001 is subject to a civil penalty in an amount: |
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(1) not less than $1,000 and not more than $1,500 for |
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the first violation; and |
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(2) $25,000 for each subsequent violation. |
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(b) Each day of a continuing violation of Section 3001.001 |
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constitutes a separate violation for the civil penalty under this |
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section. |
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(c) The three-judge district court that hears an action |
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brought under Section 3001.002 against the state agency, law |
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enforcement agency, political subdivision, or local entity shall |
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determine the amount of the civil penalty under this section. |
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(d) A civil penalty collected under this section shall be |
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deposited to the credit of the compensation to victims of crime fund |
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established under Subchapter B, Chapter 56, Code of Criminal |
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Procedure. |
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(e) Sovereign and governmental immunity to suit is waived |
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and abolished to the extent of liability created by this section. |
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SECTION 2. Not later than January 1, 2024, each state |
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agency, law enforcement agency, political subdivision, or local |
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entity subject to this Act shall: |
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(1) formalize in writing any unwritten, informal |
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policies or initiatives relating to the enforcement or prosecution |
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of a criminal offense; and |
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(2) update its policies, resolutions, and/or |
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initiatives to be consistent with this Act. |
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SECTION 3. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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each person, agency, subdivision, or entity, are severable from |
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each other. If any application of any provision in this Act to any |
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person, group of persons, or circumstances is found by a court to be |
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invalid for any reason, the remaining applications of that |
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provision to all other persons and circumstances shall be severed |
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and may not be affected. |
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SECTION 4. 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 take effect September 1, 2023. |