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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 88th |
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Legislature, Regular Session, 2023, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 17 (official misconduct by and removal of prosecuting |
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attorneys) to consider and take action on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed SECTION 1 of the bill, |
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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 |
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prosecuting attorney's adoption or enforcement of a policy |
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instructing "law enforcement to refuse to arrest individuals |
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suspected of committing a class or type of offense under state |
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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 |
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misconduct, as defined and amended by the bill, by instructing |
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law enforcement to refuse to arrest individuals whom the attorney |
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is prohibited from refusing to prosecute. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following new SECTION |
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to the bill: |
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SECTION 2. Subchapter B, Chapter 87, Local Government |
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Code, 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 |
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in an action alleging a prosecuting attorney committed official |
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misconduct described by Section 87.011(3)(C) that the |
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prosecuting attorney took action immediately on discovering an |
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attorney employed by or otherwise under the direction or control |
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of the 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 |
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defense in a removal action alleging certain official misconduct |
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committed by a prosecuting attorney, if the attorney took |
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immediate action on discovering the misconduct was occurring. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 28, 2023, by the |
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following vote: Yeas 20, |
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Nays 11. |
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_______________________________ |
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Secretary of the Senate |