Bill Text: TX SB1422 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to enforcement of criminal offenses by state agencies, law enforcement agencies, political subdivisions, or local entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [SB1422 Detail]
Download: Texas-2023-SB1422-Introduced.html
| 2023S0234-T 03/01/23 | ||
| By: King | S.B. No. 1422 | |
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| relating to enforcement of criminal offenses by state agencies, law | ||
| enforcement agencies, political subdivisions, or local entities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle Z, Title 10, Government Code, is | ||
| amended by adding Chapter 3001 to read as follows: | ||
| CHAPTER 3001. PROHIBITED POLICY ON NONENFORCEMENT OF CRIMINAL | ||
| OFFENSES | ||
| Sec. 3001.001. PROHIBITION. A state agency, law | ||
| enforcement agency, political subdivision, or local entity that | ||
| receives any public funds shall not adopt, enforce, or endorse a | ||
| policy, resolution, ordinance, or initiative categorically | ||
| prohibiting or discouraging the enforcement or prosecution of a | ||
| criminal offense. | ||
| Sec. 3001.002. COMPLAINT; EQUITABLE RELIEF. (a) Any | ||
| person may file a complaint with the attorney general if the person | ||
| offers evidence to support an allegation that a state agency, law | ||
| enforcement agency, political subdivision, or local entity is | ||
| violating Section 3001.001. | ||
| (b) If the attorney general determines that a complaint | ||
| filed under Subsection (a) against a state agency, law enforcement | ||
| agency, political subdivision, or local entity is valid, the | ||
| attorney general shall, not later than the 10th day after the date | ||
| of the determination, provide written notification to the state | ||
| agency, law enforcement agency, political subdivision, or local | ||
| entity that: | ||
| (1) the complaint has been filed; and | ||
| (2) the attorney general is authorized to file an | ||
| action to enjoin the violation if the state agency, law enforcement | ||
| agency, political subdivision, or local entity does not come into | ||
| compliance with the requirements of Section 3001.001 on or before | ||
| the 30th day after the date the notification is provided. | ||
| (c) If, following the 30th day after the notification | ||
| described in Subsection (b) is provided, the attorney general | ||
| determines that the state agency, law enforcement agency, political | ||
| subdivision, or local entity is not in compliance with Section | ||
| 3001.001, the attorney general may petition the chief justice of | ||
| the supreme court to convene the special three-judge district court | ||
| described by Chapter 22A to hear a petition for a writ of mandamus | ||
| or other appropriate equitable relief to compel the state agency, | ||
| law enforcement agency, political subdivision, or local entity that | ||
| is violating Section 3001.001 to comply with that section. The | ||
| court shall be convened in Travis County or the county in which the | ||
| principal office of the state agency, law enforcement agency, | ||
| political subdivision, or local entity is located. The attorney | ||
| general may recover reasonable expenses incurred in obtaining | ||
| relief under this subsection, including court costs, reasonable | ||
| attorney's fees, investigative costs, witness fees, and deposition | ||
| costs. | ||
| (d) An appeal of a suit brought under Subsection (c) is | ||
| governed by the procedures for accelerated appeals in civil cases | ||
| under the Texas Rules of Appellate Procedure. | ||
| Sec. 3001.003. CIVIL PENALTY. (a) A state agency, | ||
| political subdivision, or local entity, that violates Section | ||
| 3001.001 is subject to a civil penalty in an amount: | ||
| (1) not less than $1,000 and not more than $1,500 for | ||
| the first violation; and | ||
| (2) $25,000 for each subsequent violation. | ||
| (b) Each day of a continuing violation of Section 3001.001 | ||
| constitutes a separate violation for the civil penalty under this | ||
| section. | ||
| (c) The three-judge district court that hears an action | ||
| brought under Section 3001.002 against the state agency, law | ||
| enforcement agency, political subdivision, or local entity shall | ||
| determine the amount of the civil penalty under this section. | ||
| (d) A civil penalty collected under this section shall be | ||
| deposited to the credit of the compensation to victims of crime fund | ||
| established under Subchapter B, Chapter 56, Code of Criminal | ||
| Procedure. | ||
| (e) Sovereign and governmental immunity to suit is waived | ||
| and abolished to the extent of liability created by this section. | ||
| SECTION 2. Not later than January 1, 2024, each state | ||
| agency, law enforcement agency, political subdivision, or local | ||
| entity subject to this Act shall: | ||
| (1) formalize in writing any unwritten, informal | ||
| policies or initiatives relating to the enforcement or prosecution | ||
| of a criminal offense; and | ||
| (2) update its policies, resolutions, and/or | ||
| initiatives to be consistent with this Act. | ||
| SECTION 3. It is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this Act, and every application of the provisions in this Act to | ||
| each person, agency, subdivision, or entity, are severable from | ||
| each other. If any application of any provision in this Act to any | ||
| person, group of persons, or circumstances is found by a court to be | ||
| invalid for any reason, the remaining applications of that | ||
| provision to all other persons and circumstances shall be severed | ||
| and may not be affected. | ||
| SECTION 4. 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 take effect September 1, 2023. | ||
