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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of an offense committed by a peace |
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officer acting in the course and scope of the officer's official |
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duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.1085 to read as follows: |
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Art. 2A.1085. PROSECUTION OR APPOINTMENT OF PROSECUTOR BY |
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ATTORNEY GENERAL FOR ON-DUTY OFFICER OFFENSES. (a) In this |
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article: |
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(1) "Local law enforcement agency" means an agency of |
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a political subdivision of the state authorized by law to employ |
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peace officers. |
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(2) "Prosecuting attorney" means a district attorney, |
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criminal district attorney, or county attorney with criminal |
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jurisdiction. |
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(b) With respect to any offense committed by a peace officer |
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acting in the course and scope of the officer's official duties, a |
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prosecuting attorney is disqualified from prosecuting a peace |
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officer who is employed by a political subdivision of this state |
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that is also served by the attorney. |
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(c) As soon as practicable after a local law enforcement |
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agency becomes aware that a peace officer employed by the agency has |
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committed an offense described by Subsection (b), the agency shall |
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report the offense to the attorney general. |
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(d) Notwithstanding Article 2A.104(b), in a case for which |
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the prosecuting attorney is disqualified under Subsection (b), the |
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attorney general may perform the duties of a prosecuting attorney |
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or may appoint for the purpose a prosecuting attorney who serves a |
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political subdivision of this state that does not employ the peace |
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officer who committed the offense. |
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(e) A local law enforcement agency that submits a report |
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under Subsection (c) shall cooperate with the attorney general or |
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the prosecuting attorney appointed by the attorney general under |
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this article in the prosecution of an offense described by |
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Subsection (b). |
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SECTION 2. Article 2A.1085, Code of Criminal Procedure, as |
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added by this Act, applies only to the prosecution of an offense |
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committed by a peace officer acting in the course and scope of the |
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officer's official duties that commences on or after the effective |
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date of this Act. The prosecution of an offense that commences |
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before the effective date of this Act is governed by the law in |
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effect on the date the prosecution commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect January 1, 2026, but only |
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if the constitutional amendment proposed by the 89th Legislature, |
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Regular Session, 2025, authorizing the attorney general to |
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prosecute a criminal offense committed by a peace officer acting in |
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the course and scope of the officer's official duties is approved by |
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the voters. If that amendment is not approved by the voters, this |
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Act has no effect. |