By: Huffman S.R. No. 705
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 88th
Legislature, Regular Session, 2023, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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) Senate Rule 12.03(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) Senate Rule 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2023, by the
following vote: Yeas 20,
Nays 11.
_______________________________
Secretary of the Senate