Texas 2023 - 88th Regular

Texas Senate Bill SB1422 Compare Versions

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1	1	2023S0234-T 03/01/23
2	2	By: King S.B. No. 1422
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enforcement of criminal offenses by state agencies, law
8	8	enforcement agencies, political subdivisions, or local entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle Z, Title 10, Government Code, is
11	11	amended by adding Chapter 3001 to read as follows:
12	12	CHAPTER 3001. PROHIBITED POLICY ON NONENFORCEMENT OF CRIMINAL
13	13	OFFENSES
14	14	Sec. 3001.001. PROHIBITION. A state agency, law
15	15	enforcement agency, political subdivision, or local entity that
16	16	receives any public funds shall not adopt, enforce, or endorse a
17	17	policy, resolution, ordinance, or initiative categorically
18	18	prohibiting or discouraging the enforcement or prosecution of a
19	19	criminal offense.
20	20	Sec. 3001.002. COMPLAINT; EQUITABLE RELIEF. (a) Any
21	21	person may file a complaint with the attorney general if the person
22	22	offers evidence to support an allegation that a state agency, law
23	23	enforcement agency, political subdivision, or local entity is
24	24	violating Section 3001.001.
25	25	(b) If the attorney general determines that a complaint
26	26	filed under Subsection (a) against a state agency, law enforcement
27	27	agency, political subdivision, or local entity is valid, the
28	28	attorney general shall, not later than the 10th day after the date
29	29	of the determination, provide written notification to the state
30	30	agency, law enforcement agency, political subdivision, or local
31	31	entity that:
32	32	(1) the complaint has been filed; and
33	33	(2) the attorney general is authorized to file an
34	34	action to enjoin the violation if the state agency, law enforcement
35	35	agency, political subdivision, or local entity does not come into
36	36	compliance with the requirements of Section 3001.001 on or before
37	37	the 30th day after the date the notification is provided.
38	38	(c) If, following the 30th day after the notification
39	39	described in Subsection (b) is provided, the attorney general
40	40	determines that the state agency, law enforcement agency, political
41	41	subdivision, or local entity is not in compliance with Section
42	42	3001.001, the attorney general may petition the chief justice of
43	43	the supreme court to convene the special three-judge district court
44	44	described by Chapter 22A to hear a petition for a writ of mandamus
45	45	or other appropriate equitable relief to compel the state agency,
46	46	law enforcement agency, political subdivision, or local entity that
47	47	is violating Section 3001.001 to comply with that section. The
48	48	court shall be convened in Travis County or the county in which the
49	49	principal office of the state agency, law enforcement agency,
50	50	political subdivision, or local entity is located. The attorney
51	51	general may recover reasonable expenses incurred in obtaining
52	52	relief under this subsection, including court costs, reasonable
53	53	attorney's fees, investigative costs, witness fees, and deposition
54	54	costs.
55	55	(d) An appeal of a suit brought under Subsection (c) is
56	56	governed by the procedures for accelerated appeals in civil cases
57	57	under the Texas Rules of Appellate Procedure.
58	58	Sec. 3001.003. CIVIL PENALTY. (a) A state agency,
59	59	political subdivision, or local entity, that violates Section
60	60	3001.001 is subject to a civil penalty in an amount:
61	61	(1) not less than $1,000 and not more than $1,500 for
62	62	the first violation; and
63	63	(2) $25,000 for each subsequent violation.
64	64	(b) Each day of a continuing violation of Section 3001.001
65	65	constitutes a separate violation for the civil penalty under this
66	66	section.
67	67	(c) The three-judge district court that hears an action
68	68	brought under Section 3001.002 against the state agency, law
69	69	enforcement agency, political subdivision, or local entity shall
70	70	determine the amount of the civil penalty under this section.
71	71	(d) A civil penalty collected under this section shall be
72	72	deposited to the credit of the compensation to victims of crime fund
73	73	established under Subchapter B, Chapter 56, Code of Criminal
74	74	Procedure.
75	75	(e) Sovereign and governmental immunity to suit is waived
76	76	and abolished to the extent of liability created by this section.
77	77	SECTION 2. Not later than January 1, 2024, each state
78	78	agency, law enforcement agency, political subdivision, or local
79	79	entity subject to this Act shall:
80	80	(1) formalize in writing any unwritten, informal
81	81	policies or initiatives relating to the enforcement or prosecution
82	82	of a criminal offense; and
83	83	(2) update its policies, resolutions, and/or
84	84	initiatives to be consistent with this Act.
85	85	SECTION 3. It is the intent of the legislature that every
86	86	provision, section, subsection, sentence, clause, phrase, or word
87	87	in this Act, and every application of the provisions in this Act to
88	88	each person, agency, subdivision, or entity, are severable from
89	89	each other. If any application of any provision in this Act to any
90	90	person, group of persons, or circumstances is found by a court to be
91	91	invalid for any reason, the remaining applications of that
92	92	provision to all other persons and circumstances shall be severed
93	93	and may not be affected.
94	94	SECTION 4. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act take effect September 1, 2023.