89th Legislature

HB 3640

Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3640 shifts prosecution authority for on-duty officer offenses from local district attorneys to the Texas Attorney General (AG). Under this bill, local prosecutors are disqualified from prosecuting peace officers accused of committing offenses while on duty if the officer is employed by a political subdivision the prosecutor serves. Instead, the AG may prosecute the case directly or appoint a special prosecutor from another jurisdiction. Local law enforcement agencies must report alleged offenses to the AG, who will determine whether to prosecute. The bill takes effect only if voters approve a constitutional amendment granting the AG this authority in the 2025 election; otherwise, it has no effect​.
Author
David Lowe