TITLE: Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys.

SUMMARY: Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys.

FULL TEXT:
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.