88R5631 JCG-D
By: Parker S.B. No. 378
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of criminal offenses by district
attorneys, criminal district attorneys, and county attorneys;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 41, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. ENFORCEMENT OF CRIMINAL OFFENSES
Sec. 41.371. DEFINITIONS. In this subchapter:
(1) "Policy" includes a formal, written rule or policy
and an informal, unwritten policy.
(2) "Prosecuting attorney" means a district attorney,
a criminal district attorney, or a county attorney with criminal
jurisdiction.
Sec. 41.372. POLICY ON ENFORCEMENT OF CRIMINAL OFFENSES.
(a) A prosecuting attorney may not:
(1) adopt or enforce a policy under which the
prosecuting attorney prohibits or materially limits the
enforcement of any criminal offense; or
(2) as demonstrated by pattern or practice, prohibit
or materially limit the enforcement of any criminal offense.
(b) In compliance with Subsection (a), a prosecuting
attorney may not prohibit or materially limit a peace officer or
attorney who is employed by or otherwise under the direction or
control of the prosecuting attorney from enforcing any criminal
offense.
Sec. 41.373. INJUNCTIVE RELIEF. (a) The attorney general
may bring an action in a district court in Travis County or in a
county in which the principal office of the prosecuting attorney is
located to enjoin a violation of Section 41.372.
(b) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
Sec. 41.374. CIVIL PENALTY. (a) A prosecuting attorney who
a court finds has intentionally violated Section 41.372 is subject
to a civil penalty in an amount equal to:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $25,000 and not more than $25,500 for
each subsequent violation.
(b) Each day of a continuing violation of Section 41.372
constitutes a separate violation for the civil penalty imposed
under this section.
(c) The court that hears an action brought under Section
41.373 against the prosecuting attorney may determine the amount of
the civil penalty imposed under this section.
(d) The attorney general may sue to collect the penalty
under this section and may recover reasonable expenses incurred in
collecting the penalty, including court costs, reasonable
attorney's fees, investigative costs, witness fees, and deposition
costs.
(e) Sovereign immunity of this state and governmental
immunity of a county to suit is waived and abolished to the extent
of liability created by this section.
Sec. 41.375. REMOVAL FROM OFFICE. (a) For purposes of
Section 66.001, Civil Practice and Remedies Code, a prosecuting
attorney performs an act that causes the forfeiture of the
prosecuting attorney's office if the prosecuting attorney violates
Section 41.372.
(b) The attorney general shall file a petition under Section
66.002, Civil Practice and Remedies Code, against a prosecuting
attorney to whom Subsection (a) applies if presented with evidence,
including evidence of a statement by the prosecuting attorney,
establishing probable grounds the prosecuting attorney engaged in
conduct described by Subsection (a). The court in which the
petition is filed shall give precedence to proceedings relating to
the petition in the same manner as provided for an election contest
under Section 23.101.
(c) If the prosecuting attorney against whom an information
is filed based on conduct described by Subsection (a) is found
guilty as charged after a jury trial, the court shall enter judgment
removing the person from office.
SECTION 2. 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 takes effect September 1, 2023.