The Texas Judicial Council has released proposed regulations requiring district attorneys to report prosecution data to the Office of Court Administration.
The Prosecutor Data Reporting Rule is aimed at increasing accountability for district attorneys, including “rogue prosecutors” accused of refusing to enforce laws they disagree with.
Formally published in the Texas Register on July 10, the regulation implements House Bill 16, passed last year, which requires district attorneys to report the number of offenses prosecuted by category, employee caseloads, pretrial releases, and habeas writ applications.
While the new regulation expands oversight, it does not address the challenges of removing district attorneys from office.
A recent Texas Public Policy Foundation report has emphasized the need for additional legislative reforms, arguing district attorneys who refuse to enforce state law are eroding trust in the justice system and could be leading to increased crime levels.
Similar to the OCA, Attorney General Ken Paxton previously attempted to implement reporting requirements in high-population counties, but was sued by a group of Democrat county and district attorneys.
The plaintiffs argued Paxton’s reporting requirement created an “unprecedented executive-branch regulatory regime over select large-county prosecutors,” violating the separation of powers between the executive and judicial branches.
The trial court issued a permanent injunction blocking the regulation, and the case is now pending before the Fifteenth Court of Appeals.
Travis County District Attorney José Garza was among the plaintiffs challenging Paxton’s rule.
Garza was flagged in the TPPF report and has faced repeated allegations of misconduct, including claims that his office withheld evidence in multiple cases and failed to meet indictment deadlines for hundreds of felony cases leading to widespread case dismissals.
Despite these controversies, all removal attempts have been unsuccessful, as current law narrowly targets written non-prosecution policies from district attorneys.
Gov. Greg Abbott has publicly criticized Garza’s handling of violent crime.
“This DA’s failure to prosecute murderers & repeatedly letting dangerous criminals go free, while prioritizing prosecuting police, will have consequences,” Abbott wrote in a social media post.
In response to such cases, Abbott has called for the creation of a statewide prosecutor to oversee local district attorneys and additional measures to remove prosecutors who are refusing to enforce state law. State Sen. Mayes Middleton (R–Galveston), the Republican nominee for Texas attorney general, has endorsed the proposal.
Meanwhile, the OCA’s new regulations are up for public comment, which can be emailed to reportingsection@txcourts.gov, until August 8. The first reports required under the OCA’s new rules are due December 31, just weeks before lawmakers return to Austin on January 12.
