HB 5354

Overall Vote Recommendation
Neutral
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest

HB 5354 would require prosecuting attorneys in Texas, including county attorneys, district attorneys, and criminal district attorneys who represent the state in criminal matters, to submit standardized operational data to the Texas Judicial Council. The required reporting would include the categories and number of criminal cases prosecuted, the number of personnel employed by the prosecutor's office and whether staffing is sufficient to meet caseload demands, the number of defendants released under Article 17.151 of the Code of Criminal Procedure, and the number of electronic notices submitted to courts as required under Article 17.027(a)(2) of the Code of Criminal Procedure.

The bill directs the Texas Judicial Council to prescribe the form, manner, and specific information required for these reports after consulting with the Texas District and County Attorneys Association and other interested stakeholders. The council would be required to establish these reporting requirements no later than September 1, 2026, providing a uniform statewide framework for collecting prosecutorial workload and operational data.

By establishing consistent reporting requirements, the legislation seeks to improve the availability of statewide information regarding prosecutorial caseloads, staffing levels, and certain criminal procedure metrics for use by the Texas Judicial Council.

Author (1)
Jeff Leach
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the state is anticipated as a result of HB 5354. The LBB assumes that any costs associated with implementing the bill's new reporting requirements for prosecuting attorneys and the Texas Judicial Council can be absorbed using existing agency resources, indicating that no additional state appropriations or staffing are expected to be necessary.

The fiscal note also concludes that no significant fiscal implications for units of local government is anticipated. Although county, district, and criminal district attorneys would be required to report specified prosecutorial data to the Texas Judicial Council, the LBB expects local entities to comply with these requirements using existing personnel and administrative resources without creating a material fiscal burden.

Vote Recommendation Notes

HB 5354 is a limited administrative measure that requires prosecuting attorneys to submit standardized workload and staffing information to the Texas Judicial Council. According to the committee bill analysis, the legislation is intended to address a lack of reliable statewide data regarding prosecutor vacancies, caseloads, and staffing levels so that policymakers can better understand the operational needs of prosecutor offices. The bill does not modify criminal law, expand prosecutorial authority, or change court procedures; instead, it establishes a uniform reporting framework for collecting operational data.

The bill modestly expands the administrative responsibilities of prosecuting offices and the Texas Judicial Council by creating a new ongoing reporting requirement. While this represents a limited increase in government administration, it does not create a new agency, program, regulatory authority, or enforcement mechanism. The Legislative Budget Board concluded that implementation is not expected to have a significant fiscal impact on either state or local government and that any associated costs can be absorbed using existing resources, suggesting the measure does not materially increase the burden on taxpayers.

The legislation also does not increase the regulatory burden on private individuals, businesses, or attorneys in private practice. Its reporting requirements apply only to government prosecutorial offices acting in their official capacity. Although some elected prosecutors may maintain limited private civil practices where permitted by law, the bill regulates only their public duties as state prosecutors and does not impose new obligations on their private legal work or on the broader private sector.

Overall, the bill has a modest administrative impact on the government while remaining fiscally insignificant and avoiding new burdens on taxpayers or the private sector. Because it primarily improves the collection of operational data without materially expanding state power or restricting individual liberty, the bill presents a largely neutral impact on the liberty principles, and as such, Texas Policy Research remains NEUTRAL on HB 5354.

  • Individual Liberty: The bill does not create new criminal offenses, expand government surveillance of private citizens, impose mandates on individuals, or restrict personal freedoms. Its reporting requirements apply only to government prosecutorial offices and do not directly affect the rights or liberties of Texans.
  • Personal Responsibility: The bill neither shifts responsibility from individuals to the state nor creates new incentives or disincentives affecting individual behavior. It is an administrative reporting measure intended to improve government data collection rather than influence personal decision-making.
  • Free Enterprise: The bill does not regulate businesses, impose compliance requirements on the private sector, alter market competition, or create economic barriers. Its reporting obligations are limited to public prosecutorial offices and have no direct impact on private enterprise.
  • Private Property Rights: The bill does not affect the ownership, use, transfer, or regulation of private property, nor does it create any new authority related to eminent domain, land use, or property rights.
  • Limited Government: The bill modestly expands the administrative functions of state government by requiring ongoing reporting from prosecuting attorneys and directing the Texas Judicial Council to establish and administer a new statewide reporting framework. However, it does not create a new agency, regulatory program, or enforcement authority, and the Legislative Budget Board determined that implementation can be absorbed using existing resources without significant fiscal impact. As a result, the increase in government scope is limited and primarily administrative rather than programmatic.
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