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AUSTIN — A bill creating a path for removing district attorneys from office for not prosecuting certain types of crimes cleared the Texas House on Friday.
The proposal, which seeks to rein in “rogue” district attorneys, was deemed a priority by both chambers of the GOP-controlled Legislature and Gov. Greg Abbott. It would allow for a Texas resident to file a petition against a district attorney if the top local prosecutor adopted blanket policies to not pursue certain crimes or politically-charged offenses. Such policies would be considered “official misconduct” under the proposal and could be grounds for removal.
A previous directive from Dallas County District Attorney John Creuzot to not prosecute thefts uner $750, for example, would not be allowed.
The bill is in part a response to various district attorneys across Texas saying they would not prosecute controversial offenses related to abortion, elections and gender-affirming care for minors.
The proposal passed on a mostly party-line vote, 97-51, and now heads to the Capitol’s upper chamber. The Senate version, by Sen. Joan Huffman, R-Houston, passed that chamber earlier this month and has already been referred to a House panel.
House Speaker Dade Phelan, R-Beaumont, declared Cook’s bill one of his priority bills for the session. In opening day remarks in January, Phelan criticized prosecutors for not upholding state laws.
“If rogue district attorneys will not uphold the law, what progress are we really making?” Phelan said. “It is time to rein them in.”
The bill parallels similar efforts in Missouri, Florida, Indiana and Georgia. Republican-led legislatures in those states allege that progressive-leaning prosecutors are not being tough on crime and have refused to prosecute certain types of offenses.
Traditionally, district attorneys have enjoyed leeway to decide which cases they will prosecute.
Critics of the proposals say they overreach by encouraging attempts to remove officials who were democratically elected.
In August, Florida GOP Gov. Ron DeSantis, a likely presidential candidate for 2024, removed the top prosecutor in Tampa for saying he would not prosecute people who seek or provide abortions.
In Texas last year, Creuzot, a Democrat, announced he would not prosecute abortion providers or parents who get gender-affirming care for their children. He later said he would use his discretion to decide to prosecute abortion on a case-by-case basis.
During his first term, Creuzot instituted a policy where he would drop prosecutions for first-time marijuana offenses and personal theft of items worth less than $750 — unless the theft is for personal gain.
His policies drew pushback from 15 Dallas County police chiefs. Abbott called the policy “socialism.” Abbott and Attorney General Ken Paxton sent a letter to Creuzot calling on him to uphold his oath of office and enforce the law.
Creuzot ended the theft policy after he was re-elected in November. His office declined to comment on Thursday’s vote.