89R13486 MCF-D
By: Lowe H.B. No. 3640
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of an offense committed by a peace
officer acting in the course and scope of the officer's official
duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2A, Code of Criminal
Procedure, is amended by adding Article 2A.1085 to read as follows:
Art. 2A.1085. PROSECUTION OR APPOINTMENT OF PROSECUTOR BY
ATTORNEY GENERAL FOR ON-DUTY OFFICER OFFENSES. (a) In this
article:
(1) "Local law enforcement agency" means an agency of
a political subdivision of the state authorized by law to employ
peace officers.
(2) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney with criminal
jurisdiction.
(b) With respect to any offense committed by a peace officer
acting in the course and scope of the officer's official duties, a
prosecuting attorney is disqualified from prosecuting a peace
officer who is employed by a political subdivision of this state
that is also served by the attorney.
(c) As soon as practicable after a local law enforcement
agency becomes aware that a peace officer employed by the agency has
committed an offense described by Subsection (b), the agency shall
report the offense to the attorney general.
(d) Notwithstanding Article 2A.104(b), in a case for which
the prosecuting attorney is disqualified under Subsection (b), the
attorney general may perform the duties of a prosecuting attorney
or may appoint for the purpose a prosecuting attorney who serves a
political subdivision of this state that does not employ the peace
officer who committed the offense.
(e) A local law enforcement agency that submits a report
under Subsection (c) shall cooperate with the attorney general or
the prosecuting attorney appointed by the attorney general under
this article in the prosecution of an offense described by
Subsection (b).
SECTION 2. Article 2A.1085, Code of Criminal Procedure, as
added by this Act, applies only to the prosecution of an offense
committed by a peace officer acting in the course and scope of the
officer's official duties that commences on or after the effective
date of this Act. The prosecution of an offense that commences
before the effective date of this Act is governed by the law in
effect on the date the prosecution commenced, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect January 1, 2026, but only
if the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, authorizing the attorney general to
prosecute a criminal offense committed by a peace officer acting in
the course and scope of the officer's official duties is approved by
the voters. If that amendment is not approved by the voters, this
Act has no effect.