By: Huffman S.R. No. 705     SENATE RESOLUTION          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.             _______________________________          President of the Senate                I hereby certify that the     above Resolution was adopted by     the Senate on May 28, 2023, by the   following vote:  Yeas 20,   Nays 11.                 _______________________________          Secretary of the Senate