Texas House Bill HB3307

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

Relating to the official misconduct and removal of district attorneys and county attorneys.

Impact

If enacted, HB 3307 would substantively alter the framework under which district attorneys and county attorneys operate. It introduces stricter criteria for assessing misconduct and incompetency, which could lead to a rise in petitions for removal from office. The bill establishes a clearer legal mechanism for voters to challenge and potentially remove elected district attorneys or county attorneys who engage in misconduct, thus enhancing the accountability of these officials to the public. This legislative change is expected to impact state laws significantly by reinforcing the expectations of professional conduct for those in these positions.

Summary

House Bill 3307 seeks to address official misconduct among district attorneys and county attorneys in Texas. The bill amends existing provisions in the Local Government Code to clarify definitions related to 'incompetency' and 'official misconduct,' explicitly including behavioral standards for district attorneys. Notably, it prohibits district attorneys from establishing policies that limit the enforcement of criminal offenses, thereby tightening accountability measures for officials responsible for the administration of justice. This legislative effort is a response to growing concerns regarding the integrity and responsiveness of district and county attorneys in Texas.

Sentiment

Reactions to HB 3307 appear to be mixed among lawmakers and the public. Proponents argue that the bill is a necessary step towards restoring public trust in the judicial system by ensuring that district attorneys are held to higher standards of accountability. They believe such measures will deter misconduct and enhance the enforcement of laws across Texas. Conversely, critics have raised concerns that the bill may lead to politicization in law enforcement, potentially unfairly targeting district attorneys who adopt reform policies or prioritize certain criminal penalties over others.

Contention

The contentious aspects of HB 3307 primarily revolve around the interpretation of 'official misconduct' and the implications for discretion among district attorneys. Opposition voices contend that while accountability is essential, the bill may hinder legally mandated discretion and undermine efforts to implement progressive criminal justice reforms. The discussion emphasizes a tension between enforcing stricter accountability measures and allowing district attorneys the necessary latitude to exercise their prosecutorial discretion in line with community standards and needs.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 87. Removal Of County Officers From Office; Filling Of Vacancies
  • Section: New Section
  • Section: 015