Bill Text: TX SR705 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction on H.B. 17.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-05-28 - Reported enrolled [SR705 Detail]
Download: Texas-2023-SR705-Enrolled.html
| By: Huffman | S.R. No. 705 | |
|
|
||
| BE IT RESOLVED by the Senate of the State of Texas, 88th | ||
| Legislature, Regular Session, 2023, That Senate Rule 12.03 be | ||
| suspended in part as provided by Senate Rule 12.08 to enable the | ||
| conference committee appointed to resolve the differences on | ||
| House Bill 17 (official misconduct by and removal of prosecuting | ||
| attorneys) to consider and take action on the following matters: | ||
| (1) Senate Rule 12.03(4) is suspended to permit the | ||
| committee to add text on a matter not included in either the house | ||
| or senate version of the bill in proposed SECTION 1 of the bill, | ||
| by adding to the definition of "official misconduct" in added | ||
| Sections 87.011(3)(B) and (C), Local Government Code, a | ||
| prosecuting attorney's adoption or enforcement of a policy | ||
| instructing "law enforcement to refuse to arrest individuals | ||
| suspected of committing a class or type of offense under state | ||
| law". | ||
| Explanation: The change is necessary to ensure that a | ||
| prosecuting attorney may not avoid committing official | ||
| misconduct, as defined and amended by the bill, by instructing | ||
| law enforcement to refuse to arrest individuals whom the attorney | ||
| is prohibited from refusing to prosecute. | ||
| (2) Senate Rule 12.03(4) is suspended to permit the | ||
| committee to add text on a matter not included in either the house | ||
| or senate version of the bill by adding the following new SECTION | ||
| to the bill: | ||
| SECTION 2. Subchapter B, Chapter 87, Local Government | ||
| Code, is amended by adding Section 87.0131 to read as follows: | ||
| Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense | ||
| in an action alleging a prosecuting attorney committed official | ||
| misconduct described by Section 87.011(3)(C) that the | ||
| prosecuting attorney took action immediately on discovering an | ||
| attorney employed by or otherwise under the direction or control | ||
| of the prosecuting attorney was acting as described by Section | ||
| 87.011(3)(C). | ||
| Explanation: The change is necessary to provide a | ||
| defense in a removal action alleging certain official misconduct | ||
| committed by a prosecuting attorney, if the attorney took | ||
| immediate action on discovering the misconduct was occurring. | ||
| _______________________________ | ||
| President of the Senate | ||
| I hereby certify that the | ||
| above Resolution was adopted by | ||
| the Senate on May 28, 2023, by the | ||
| following vote: Yeas 20, | ||
| Nays 11. | ||
| _______________________________ | ||
| Secretary of the Senate | ||
