88R33155 TSS-D
By: Cook H.R. No. 2440
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 88th Legislature, Regular Session, 2023, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), 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) House Rule 13, Section 9(a)(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) House Rule 13, Section 9(a)(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.