88R33154 TSS-D
By: Huffman S.R. No. 705
R E S O L U T I O N
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.