Bill Text: TX HB1350 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.
Spectrum: Partisan Bill (Republican 33-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to State Affairs [HB1350 Detail]
Download: Texas-2023-HB1350-Introduced.html
| 88R5631 JCG-D | ||
| By: Cook | H.B. No. 1350 | |
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| relating to the enforcement of criminal offenses by district | ||
| attorneys, criminal district attorneys, and county attorneys; | ||
| providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 41, Government Code, is amended by | ||
| adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. ENFORCEMENT OF CRIMINAL OFFENSES | ||
| Sec. 41.371. DEFINITIONS. In this subchapter: | ||
| (1) "Policy" includes a formal, written rule or policy | ||
| and an informal, unwritten policy. | ||
| (2) "Prosecuting attorney" means a district attorney, | ||
| a criminal district attorney, or a county attorney with criminal | ||
| jurisdiction. | ||
| Sec. 41.372. POLICY ON ENFORCEMENT OF CRIMINAL OFFENSES. | ||
| (a) A prosecuting attorney may not: | ||
| (1) adopt or enforce a policy under which the | ||
| prosecuting attorney prohibits or materially limits the | ||
| enforcement of any criminal offense; or | ||
| (2) as demonstrated by pattern or practice, prohibit | ||
| or materially limit the enforcement of any criminal offense. | ||
| (b) In compliance with Subsection (a), a prosecuting | ||
| attorney may not prohibit or materially limit a peace officer or | ||
| attorney who is employed by or otherwise under the direction or | ||
| control of the prosecuting attorney from enforcing any criminal | ||
| offense. | ||
| Sec. 41.373. INJUNCTIVE RELIEF. (a) The attorney general | ||
| may bring an action in a district court in Travis County or in a | ||
| county in which the principal office of the prosecuting attorney is | ||
| located to enjoin a violation of Section 41.372. | ||
| (b) The attorney general may recover reasonable expenses | ||
| incurred in obtaining relief under this section, including court | ||
| costs, reasonable attorney's fees, investigative costs, witness | ||
| fees, and deposition costs. | ||
| Sec. 41.374. CIVIL PENALTY. (a) A prosecuting attorney who | ||
| a court finds has intentionally violated Section 41.372 is subject | ||
| to a civil penalty in an amount equal to: | ||
| (1) not less than $1,000 and not more than $1,500 for | ||
| the first violation; and | ||
| (2) not less than $25,000 and not more than $25,500 for | ||
| each subsequent violation. | ||
| (b) Each day of a continuing violation of Section 41.372 | ||
| constitutes a separate violation for the civil penalty imposed | ||
| under this section. | ||
| (c) The court that hears an action brought under Section | ||
| 41.373 against the prosecuting attorney may determine the amount of | ||
| the civil penalty imposed under this section. | ||
| (d) The attorney general may sue to collect the penalty | ||
| under this section and may recover reasonable expenses incurred in | ||
| collecting the penalty, including court costs, reasonable | ||
| attorney's fees, investigative costs, witness fees, and deposition | ||
| costs. | ||
| (e) Sovereign immunity of this state and governmental | ||
| immunity of a county to suit is waived and abolished to the extent | ||
| of liability created by this section. | ||
| Sec. 41.375. REMOVAL FROM OFFICE. (a) For purposes of | ||
| Section 66.001, Civil Practice and Remedies Code, a prosecuting | ||
| attorney performs an act that causes the forfeiture of the | ||
| prosecuting attorney's office if the prosecuting attorney violates | ||
| Section 41.372. | ||
| (b) The attorney general shall file a petition under Section | ||
| 66.002, Civil Practice and Remedies Code, against a prosecuting | ||
| attorney to whom Subsection (a) applies if presented with evidence, | ||
| including evidence of a statement by the prosecuting attorney, | ||
| establishing probable grounds the prosecuting attorney engaged in | ||
| conduct described by Subsection (a). The court in which the | ||
| petition is filed shall give precedence to proceedings relating to | ||
| the petition in the same manner as provided for an election contest | ||
| under Section 23.101. | ||
| (c) If the prosecuting attorney against whom an information | ||
| is filed based on conduct described by Subsection (a) is found | ||
| guilty as charged after a jury trial, the court shall enter judgment | ||
| removing the person from office. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
