2023S0234-T 03/01/23
By: King S.B. No. 1422
A BILL TO BE ENTITLED
AN ACT
relating to enforcement of criminal offenses by state agencies, law
enforcement agencies, political subdivisions, or local entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 10, Government Code, is
amended by adding Chapter 3001 to read as follows:
CHAPTER 3001. PROHIBITED POLICY ON NONENFORCEMENT OF CRIMINAL
OFFENSES
Sec. 3001.001. PROHIBITION. A state agency, law
enforcement agency, political subdivision, or local entity that
receives any public funds shall not adopt, enforce, or endorse a
policy, resolution, ordinance, or initiative categorically
prohibiting or discouraging the enforcement or prosecution of a
criminal offense.
Sec. 3001.002. COMPLAINT; EQUITABLE RELIEF. (a) Any
person may file a complaint with the attorney general if the person
offers evidence to support an allegation that a state agency, law
enforcement agency, political subdivision, or local entity is
violating Section 3001.001.
(b) If the attorney general determines that a complaint
filed under Subsection (a) against a state agency, law enforcement
agency, political subdivision, or local entity is valid, the
attorney general shall, not later than the 10th day after the date
of the determination, provide written notification to the state
agency, law enforcement agency, political subdivision, or local
entity that:
(1) the complaint has been filed; and
(2) the attorney general is authorized to file an
action to enjoin the violation if the state agency, law enforcement
agency, political subdivision, or local entity does not come into
compliance with the requirements of Section 3001.001 on or before
the 30th day after the date the notification is provided.
(c) If, following the 30th day after the notification
described in Subsection (b) is provided, the attorney general
determines that the state agency, law enforcement agency, political
subdivision, or local entity is not in compliance with Section
3001.001, the attorney general may petition the chief justice of
the supreme court to convene the special three-judge district court
described by Chapter 22A to hear a petition for a writ of mandamus
or other appropriate equitable relief to compel the state agency,
law enforcement agency, political subdivision, or local entity that
is violating Section 3001.001 to comply with that section. The
court shall be convened in Travis County or the county in which the
principal office of the state agency, law enforcement agency,
political subdivision, or local entity is located. The attorney
general may recover reasonable expenses incurred in obtaining
relief under this subsection, including court costs, reasonable
attorney's fees, investigative costs, witness fees, and deposition
costs.
(d) An appeal of a suit brought under Subsection (c) is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure.
Sec. 3001.003. CIVIL PENALTY. (a) A state agency,
political subdivision, or local entity, that violates Section
3001.001 is subject to a civil penalty in an amount:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) $25,000 for each subsequent violation.
(b) Each day of a continuing violation of Section 3001.001
constitutes a separate violation for the civil penalty under this
section.
(c) The three-judge district court that hears an action
brought under Section 3001.002 against the state agency, law
enforcement agency, political subdivision, or local entity shall
determine the amount of the civil penalty under this section.
(d) A civil penalty collected under this section shall be
deposited to the credit of the compensation to victims of crime fund
established under Subchapter B, Chapter 56, Code of Criminal
Procedure.
(e) Sovereign and governmental immunity to suit is waived
and abolished to the extent of liability created by this section.
SECTION 2. Not later than January 1, 2024, each state
agency, law enforcement agency, political subdivision, or local
entity subject to this Act shall:
(1) formalize in writing any unwritten, informal
policies or initiatives relating to the enforcement or prosecution
of a criminal offense; and
(2) update its policies, resolutions, and/or
initiatives to be consistent with this Act.
SECTION 3. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
each person, agency, subdivision, or entity, are severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act take effect September 1, 2023.