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HJR 162

Proposing a constitutional amendment authorizing the attorney general to prosecute a criminal offense committed by a peace officer acting in the course and scope of the officer's official duties.

89th Legislature (2025) Introduced by David Lowe

Texas constitutional amendment proposal allowing the Attorney General to prosecute crimes by peace officers committed during official duties, shifting prosecution authority from local district attorneys.

Referred to State Affairs
#attorneygeneral(v2811) #criminalprocedure--general(i0208) #lawenforcement(i0510) #peaceofficers(s0007) #resolutions--constitutionalamendments(i0661)
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Bill Summary · HJR 162

Legislative bill overview

HJR 162 proposes a constitutional amendment that would allow the Texas Attorney General to prosecute criminal offenses committed by peace officers while performing their official duties. Currently, such prosecutions are typically handled by local district attorneys. This amendment would create a new pathway for state-level prosecution in cases involving law enforcement misconduct.

Why is this important

This change addresses concerns about potential conflicts of interest when local prosecutors—who work closely with police departments—investigate or prosecute officers in their jurisdictions. It could significantly impact accountability mechanisms for police conduct and the relationship between state and local criminal justice systems in Texas.

Potential points of contention

  • Local control vs. state authority: Cities and counties may resist what they view as an encroachment on local prosecutorial authority and decision-making power
  • Scope ambiguity: The phrase "acting in the course and scope of official duties" could be interpreted broadly or narrowly, creating uncertainty about which cases qualify for AG prosecution
  • Dual prosecution concerns: Questions about whether this could lead to inconsistent charging decisions, overlap with local prosecutors, or potential for politically-motivated state intervention in local police matters

Compiled from official sources — confirm details with the bill’s official record.

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