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Texas Attorney General Proposes Enhanced Reporting Requirements for District Attorneys and County Attorneys

Texas Attorney General Proposes Enhanced Reporting Requirements for District Attorneys and County Attorneys

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Texas Attorney General Ken Paxton has proposed new reporting requirements for District Attorneys and County Attorneys overseeing counties with over 250,000 people. The rule aims to introduce quarterly and annual reporting obligations, define key terms, and establish repercussions for non-compliance. Stakeholders can submit comments before a decision is made, aligning with Texas Government Code §46.006.


Texas Attorney General Proposes Enhanced Reporting Requirements for District Attorneys and County Attorneys

Texas Attorney General Proposes Enhanced Reporting Requirements for District Attorneys and County Attorneys

March 10, 2023

Texas Attorney General Ken Paxton has put forth a new proposed rule intended to strengthen reporting standards for District Attorneys and County Attorneys presiding over a county with a population of 250,000 or more. The proposal aims to introduce additional quarterly and annual reporting obligations, as well as establish formal definitions for key terms such as “violent crime.” Moreover, the rule outlines a process for acquiring overdue reports and specifies potential repercussions if a District Attorney deliberately attempts to violate the escalated reporting requirements.

As of March 8, a public comment period of thirty days has come into effect. Following this period, the Office of the Attorney General (OAG) holds the authority to implement a Final Rule. This initiative is in accordance with Texas Government Code §46.006, which empowers the OAG to mandate reports from District Attorneys and County Attorneys concerning criminal matters that are in the state’s interest.

Attorney General Paxton highlighted that the information gathered under the proposed rule will enable citizens to evaluate whether their local elected officials are adequately prosecuting specific categories of crime, releasing hazardous criminals back into the community, engaging in selective prosecution, or failing to fulfill their duties. Paxton voiced his concerns, stating, “District Attorneys who choose not to prosecute criminals appropriately have created unthinkable damage in Texas communities. Some of these officials have developed an unacceptable pattern of failing to uphold the law and adopting policies that privilege criminals over innocent victims.” He expressed his belief that the enhanced reporting standards will promote transparency and empower the public to hold their elected officials accountable.

The Office of the Attorney General (OAG) is proposing the addition of new Chapter 56 in Title 1 of the Texas Administrative Code (TAC), which pertains to reporting requirements for District Attorneys and County Attorneys overseeing a district or county with a population exceeding 250,000 individuals. The proposed new Chapter 56 comprises sections §§56.1 – 56.9, which are designed to enforce Government Code §41.006. This code stipulates that district and county attorneys must report to the OAG the information related to criminal matters and state interests as desired by the OAG. It also specifies the times, forms, and content for these reports.

Proposed new Chapter 56 introduces various definitions and requirements. Notably, §56.2 provides definitions for terms such as “case file,” “correspondence,” “fiscal year,” “reporting entity,” and “violent crime.” Sections §56.3 and §56.4 outline the content and deadlines for quarterly and annual reports, respectively. Additionally, the proposed rule mandates that each District Attorney and County Attorney implement a document retention policy to preserve relevant documents for a minimum of two years.

The rule also details potential actions the OAG may take in the event of noncompliance, including sending a notice to the reporting entity and pursuing legal avenues if intentional violations occur. Moreover, it establishes an Oversight Advisory Committee to oversee the implementation of proposed new Chapter 56 and includes a provision for the severability of its provisions.

Stakeholders and concerned individuals have been invited to submit written comments on the proposed rules within the designated period, either by email to [email protected] or by mail to Josh Reno, Attn: Rule Comments, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548. Furthermore, requests for a public hearing on the proposal can be submitted through the same channels before the end of the comment period.

The proposed measures aim to enhance accountability, transparency, and oversight within the criminal justice system in Texas, and represent a significant effort to empower the public in holding their elected officials accountable. The full proposal can be found here.

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Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.


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