Abbott promises action against ‘rogue’ DAs who reject prosecuting specific crimes.

Texas Gov. Greg Abbott is taking action against “rogue” prosecutors with a new law that allows courts to remove district attorneys for misconduct if they choose not to pursue certain types of crimes.

In a tweet on Monday, Abbott declared, “A new law I signed will help rein in rogue district attorneys.”

Abbott recently signed House Bill 17 (pdf) into law, which will go into effect on Sept. 1. The bill aims to hold elected prosecutors accountable by prohibiting the refusal to prosecute certain offenses, treating such refusal as official misconduct that can lead to removal from office.

As part of a comprehensive package of eight public safety bills, Abbott signed the “Rogue DA Bill” alongside measures that enhance criminal penalties and provide law enforcement with additional tools.

The Fight Against Rogue Prosecutors

House Bill 17, introduced by Republican state Sen. Joan Huffman, passed both legislative houses in April and received a 20–11 vote in the Senate in early June.

During a committee hearing in April, Huffman expressed concern over certain Texas prosecutors adopting internal policies that refuse to prosecute specific laws. She argued that these actions set a dangerous precedent and undermine the authority of the Legislature.

However, Democrats and some civil rights groups opposed the bill, asserting that it infringes on the separation of powers and that prosecutors should have the discretion to decide which cases to pursue.

Texas state Sen. Sarah Eckhardt, a Democrat from Austin, criticized the bill as part of a larger pattern of top-down power-grabbing. She emphasized the importance of prosecutorial discretion, especially in a state like Texas where district attorneys are directly elected by the people.

Under the new law, Texas residents who have lived in a county for at least six months can file a petition against a prosecuting attorney for misconduct if they fail to prosecute a specific class or type of criminal offense. The bill also addresses cases where prosecutors instruct law enforcement to refuse to arrest individuals suspected of committing certain offenses.

If a prosecuting attorney publicly states their intention to adopt or enforce a policy that fails to enforce certain laws, it is considered a rebuttable presumption of official misconduct. This can lead to a removal trial for official misconduct, as outlined in the bill.

The legislation also eliminates pretrial “diversion programs” that allow for conditional dismissals of cases, as permitted by state law.

If found guilty under the provisions of the bill, a district attorney can be removed from office by a judge. The governor can then appoint a replacement until the next election determines a successor.

“If a rogue district attorney wants to be in law enforcement, they have to start by enforcing the laws of the State of Texas,” Abbott stated after signing the bill into law.

Addressing Disruption in the Criminal Justice System

The push for greater accountability among district attorneys comes in response to a group of attorneys, including five from Texas, who signed an open letter (pdf) vowing not to prosecute cases that criminalize abortion following the Supreme Court’s decision to overturn Roe v. Wade in June 2022.

While abortion is generally considered a felony under Texas law, exceptions are made in cases where the mother’s life is at risk or there is a serious risk of substantial impairment to a major bodily function.

Some prosecutors have publicly stated that they do not intend to pursue cases related to abortion, leading to concerns about disruption in the criminal justice system.