Fall is around the corner, and so is a big hearing about prosecutorial integrity. It seems that we may have spoken too soon last month about prosecutors not being mentioned at the Texas Capitol. There is a party being held next week to discuss “rogue” prosecutors, but the guest list seems to be missing an important guest. Let’s discuss!
Prosecutorial Integrity Hearing
The House Select Committee on Governmental Oversight will hold an interim hearing on Wednesday, September 30, at 9:00 a.m. to discuss prosecutorial integrity. No need to check your inbox for an invitation. At the time of publication, the only prosecutor’s office invited to attend is the Travis County District Attorney’s Office. (TDCAA has also been asked to be a resource witness.) What is the genesis of this hearing? When the committee received this charge several months ago, it was tasked with evaluating the involvement of for-profit and nonprofit nongovernmental organizations and consultants in local prosecutorial functions. This was most likely a reference to the involvement of left-wing groups like the Wren Collective in certain prosecutor races. But it’s campaign season, and things can change quickly!
On September 18, Governor Greg Abbott, Speaker of the House Dustin Burrows, and Lieutenant Governor Dan Patrick released a joint press statement calling for “greater transparency [of] and accountability [for] rogue local prosecutors who refuse to enforce Texas law” in response “to a clear pattern of certain local prosecutors releasing repeat offenders back into the community and putting innocent Texans at risk.” Speaker Burrows (R-Lubbock) stated the committee would now hear testimony to “develop reforms that strengthen public safety, hold public officials accountable, and ensure political ideology never comes before law and order.” The committee will also take testimony on another related charge regarding the City of Austin’s relationship with and funding of nongovernmental organizations and other third-party consultants, which has raised the ire of some local taxpayers. In other words, it promises to be a very Austin/Travis County-centric “discussion.”
If you would like to watch the hearing, go to the Texas House website and tune in on September 30 at 9:00 a.m. We will be there to monitor what all the non-prosecutor witnesses say about the profession and report back to you.
The “Big Three” stated in their joint press release that “holding rogue prosecutors accountable” will be a top priority for them in the next session. You may not consider yourself to fall into that category, but are you sure others in your community agree? Now would be a good time to meet with your local elected officials and let them know the reality of the situation for prosecutors. You may also want to refer to the TDCAA website for our white paper on how county and district attorneys already operate under a level of accountability unmatched by virtually any other elected office in Texas. We have found that many policymakers are unaware of the checks and balances already applicable to your job, so it may be up to you to educate them on that point if you don’t want them “learning” about it on social media.
Datacenters and Prosecutors
It looks like prosecutors may be called into action in the ongoing datacenter controversy. As we noted in our June Interim Report, lawmakers were wondering about criminal penalties for datacenters that did not report their water usage to the Texas Water Development Board (TWDB). Lawmakers do not have to wonder anymore. Last week, Governor Abbott instructed the TWDB to refer datacenters that do not report their water usage to the appropriate county or district attorney for prosecution under Texas Water Code §16.012(m). Attorney General Ken Paxton has also launched his own investigation into datacenters that have not provided a response to the TWDB’s water use survey. Please be aware that you may start getting calls concerning both directives. We are here to help if you need any guidance.
Prosecutor Data Reporting Rule
The Prosecutor Data Reporting rule that we have been anticipating has now been adopted by the Texas Judicial Council. We discussed the rule in our July Interim Update. Emily Teegardin, 110th Judicial District Attorney, did a great job spearheading the prosecutor workgroup to help guide the drafting of the proposed rule. The final rule (published in the September 18, 2026 edition of The Texas Register) incorporates key changes suggested by prosecutor feedback, including a delayed start date and the removal of several burdensome data fields.
What Offices Must Report:
1. Case Categorization: The number of offenses in each criminal case filed, categorized by offense level (from capital felony down to Class B misdemeanor).
2. Staffing & Caseload Sufficiency (Annual): The number of personnel employed by your office and your (subjective) determination of whether that staffing level is sufficient to support your specific caseload.
3. Article 17.151 Releases: The number of times a defendant was released under CCP Art. 17.151, regardless of whether an application for a writ of habeas corpus was filed.
Other highlights of the revised final rule include:
1. Prosecutors do not have to report Class C misdemeanors.
2. The first reporting period begins December 1, 2026, with the first report due on March 31, 2027.
3. There is no requirement to report someone’s release under Art. 17.151 for a fine-only misdemeanor.
4. Prosecutors will not have to report Art. 17.151 writs filed.
5. The definition of “criminal case” means a case in which a criminal indictment or information has been filed in a district or other court in the county.
The Office of Court Administration (OCA) will be issuing formal reporting guidelines soon, and we will alert you when those guidelines are finalized. We will also host a speaker from OCA to address this topic at our upcoming Key Personnel & Victim Assistance Coordinators Conference in Fort Worth in November.
Interim Hearing on Oil and Gas Theft
The Senate Committee on Natural Resources met this week to discuss legislative solutions to oilfield theft. The Legislature passed several bill last session to address it, including SB 494, which created the State Taskforce on Petroleum Theft under the Railroad Commission; HB 48, which created an oilfield theft prevention unit within the Department of Public Safety; and SB 1806, which increased criminal punishment related to oilfield theft. Midland County District Attorney Glenn Harwood testified about the challenges linking stolen oil to individual victims, the importance of asset forfeiture, and the value of collaboration among local district attorneys (instead of a statewide prosecutor). To view his testimony, click here.
Quotes
“Prosecutors must enforce Texas law and keep violent criminals behind bars. When murder charges are dropped and repeat offenders walk free, innocent Texans pay the price. Texas will hold rogue prosecutors accountable and deliver justice for victims.”
—Governor Greg Abbott in a joint press statement with House Speaker Dustin Burrows and Lt. Governor Dan Patrick.
“Liberal, soft-on-crime prosecutors have endangered Texans for far too long.”
—Lt. Governor Dan Patrick in a joint press statement with House Speaker Dustin Burrows and Governor Greg Abbott.
“For far too long, Texans have been left at the mercy of certain local prosecutors’ soft-on-crime policies.”
—Speaker of the House Dustin Burrows in a joint press statement with Governor Greg Abbott and Lt. Governor Dan Patrick.