| 1 | 1 | | H.R. No. 2440 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | R E S O L U T I O N |
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| 5 | 5 | | BE IT RESOLVED by the House of Representatives of the State of |
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| 6 | 6 | | Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, |
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| 7 | 7 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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| 8 | 8 | | Section 9(f), to enable the conference committee appointed to |
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| 9 | 9 | | resolve the differences on House Bill 17 (official misconduct by |
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| 10 | 10 | | and removal of prosecuting attorneys) to consider and take action |
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| 11 | 11 | | on the following matters: |
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| 12 | 12 | | (1) House Rule 13, Section 9(a)(4), is suspended to permit |
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| 13 | 13 | | the committee to add text on a matter not included in either the |
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| 14 | 14 | | house or senate version of the bill in proposed SECTION 1 of the |
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| 15 | 15 | | bill, by adding to the definition of "official misconduct" in added |
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| 16 | 16 | | Sections 87.011(3)(B) and (C), Local Government Code, a prosecuting |
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| 17 | 17 | | attorney's adoption or enforcement of a policy instructing "law |
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| 18 | 18 | | enforcement to refuse to arrest individuals suspected of committing |
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| 19 | 19 | | a class or type of offense under state law". |
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| 20 | 20 | | Explanation: The change is necessary to ensure that a |
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| 21 | 21 | | prosecuting attorney may not avoid committing official misconduct, |
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| 22 | 22 | | as defined and amended by the bill, by instructing law enforcement |
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| 23 | 23 | | to refuse to arrest individuals whom the attorney is prohibited |
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| 24 | 24 | | from refusing to prosecute. |
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| 25 | 25 | | (2) House Rule 13, Section 9(a)(4), is suspended to permit |
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| 26 | 26 | | the committee to add text on a matter not included in either the |
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| 27 | 27 | | house or senate version of the bill by adding the following new |
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| 28 | 28 | | SECTION to the bill: |
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| 29 | 29 | | SECTION 2. Subchapter B, Chapter 87, Local Government Code, |
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| 30 | 30 | | is amended by adding Section 87.0131 to read as follows: |
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| 31 | 31 | | Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense in |
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| 32 | 32 | | an action alleging a prosecuting attorney committed official |
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| 33 | 33 | | misconduct described by Section 87.011(3)(C) that the prosecuting |
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| 34 | 34 | | attorney took action immediately on discovering an attorney |
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| 35 | 35 | | employed by or otherwise under the direction or control of the |
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| 36 | 36 | | prosecuting attorney was acting as described by Section |
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| 37 | 37 | | 87.011(3)(C). |
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| 38 | 38 | | Explanation: The change is necessary to provide a defense in |
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| 39 | 39 | | a removal action alleging certain official misconduct committed by |
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| 40 | 40 | | a prosecuting attorney, if the attorney took immediate action on |
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| 41 | 41 | | discovering the misconduct was occurring. |
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| 42 | 42 | | Cook |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Speaker of the House |
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| 45 | 45 | | I certify that H.R. No. 2440 was adopted by the House on May |
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| 46 | 46 | | 28, 2023, by the following vote: Yeas 87, Nays 51, 2 present, not |
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| 47 | 47 | | voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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