88(R) SB 20 - Engrossed version - Bill Text

	By:  Huffman, et al.	S.B.  No.  20

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement of criminal offenses by district
	attorneys, criminal district attorneys, and county attorneys.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Subchapter B, Chapter 87, Local Government Code,
	is amended by adding Section 87.0135 to read as follows:
	Sec.  87.0135.    OFFICIAL MISCONDUCT GROUNDS: POLICY OF
	NONENFORCEMENT OF CRIMINAL OFFENSES. (a)  In this section:
	(1)    "Policy" includes an instruction or directive
	expressed in any manner.
	(2)    "Prosecuting attorney" means a district attorney
	or a county attorney with criminal jurisdiction.
	(b)    A prosecuting attorney may not adopt or enforce a policy
	under which the prosecuting attorney refuses to prosecute a class
	or type of criminal offense for any reason other than to comply with
	an injunction, judgment, or order issued by a court.
	(c)    In compliance with Subsection (b), a prosecuting
	attorney may not permit an attorney who is employed by or otherwise
	under the direction or control of the prosecuting attorney to
	refuse to prosecute a class or type of criminal offense for any
	reason other than to comply with an injunction, judgment, or order
	issued by a court.
	(d)    A prosecuting attorney who violates this section
	commits official misconduct for purposes of removal under this
	subchapter.
	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.