88R33154 TSS-D     By: Huffman S.R. No. 705     R E S O L U T I O N            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.