Introduction to Texas Bill
A new bill is awaiting the governor’s signature in Texas, which could reverse the effects of a court ruling that requires prosecutors to go through a state agency before bringing criminal charges against politicians accused of certain ethics law violations. The Texas Court of Criminal Appeals, the state’s highest criminal court, ruled last September that the Texas Ethics Commission had exclusive jurisdiction over certain campaign ethics and finance laws.
Background of the Case
The case centered on Robbie Gail Charette, a Washington County politician accused of errors related to campaign finance and political advertising. In practice, the ruling meant criminal prosecutors had to seek permission from the ethics commission before indicting politicians and lobbyists who ran afoul of these laws. Senate Bill 1220 would effectively undercut this ruling by clarifying the law, according to legal experts.
What the Bill Says
The bill states, "Unless expressly provided otherwise, the exhaustion of civil, including administrative, remedies is not a prerequisite to the vesting in a trial court of subject matter jurisdiction over a criminal action for which the trial court would otherwise have jurisdiction under other law." This means that prosecutors would not need to go through the ethics commission before bringing criminal charges against politicians.
Impact of the Bill
A similar measure, Senate Bill 987, was passed in the Texas Senate in March but did not make it to a vote in the House before the end of the legislative session. SB 1220 was authored by Sen. Bryan Hughes, a Mineola Republican, and co-authored by Sen. Brian Birdwell, a Republican from Granbury. The bill passed each chamber in the legislature late last month by more than a two-thirds majority. If signed by Gov. Greg Abbott, it would take effect immediately instead of on Sept. 1.
Houston-Area Impacts
The Charette case, which originated in a small town northwest of Houston, has been making its way through the courts system since 2018. In late April, the Texas Court of Criminal Appeals reheard the case but has yet to make a final ruling. After Senate Bill 1220 was passed by Texas lawmakers, State Prosecuting Attorney Stacey Soule submitted a brief arguing the case was now moot.
Potential Implications
The measure could also have implications for a court case playing out in Houston’s southwest suburbs. Fort Bend County Judge KP George was indicted last fall after accusations surfaced that he worked with a staffer to fake racist attacks against his own campaign on social media. George’s attorney argued that the county district attorney’s office should have received permission from the Texas Ethics Commission before bringing charges against him.
Concerns About the Bill
Jared Woodfill, one of George’s attorneys, said he believes the bill cannot be retroactively applied to his client’s case. "You can’t go back in time and undo something that wasn’t the law,” he said. Woodfill also expressed concerns that the bill would enable politicized prosecutions. "I think the problem with the legislation is that ultimately it allows renegade or rogue prosecutors to use the Texas Election Code in an effort to impact an election," he said.
Support for the Bill
Wesley Wittig, a spokesperson for the Fort Bend County District Attorney’s Office, said he believes SB 1220 could be applied retroactively. He also praised the short turnaround time for the bill’s passage. "I think that speaks volumes as to how erroneous the court’s opinion was in the minds of everybody," he said. Supporters of the original Charette ruling have argued it only applied to a narrow class of laws, which rarely reached the level of criminal misconduct.
Expert Opinion
David Kwok, an associate professor at the University of Houston Law Center, said it’s not unusual for two agencies to be able to take enforcement actions at the same time. SB 1220 gives prosecutors more discretion, Kwok said, but that doesn’t mean they’ll oversee every case. "While this gives more flexibility to criminal prosecutors, I think in the end, they still want to coordinate with other entities," he said.
Conclusion
In conclusion, the new bill awaiting the governor’s signature in Texas could have significant implications for the way politicians are prosecuted for ethics law violations. While some argue that the bill is necessary to prevent politicized prosecutions, others believe it could enable renegade prosecutors to impact elections. Ultimately, the bill’s fate will depend on the governor’s decision, and its impact will be closely watched by legal experts and the public alike.
