A new analysis from the Texas Public Policy Foundation (TPPF) is renewing debate over how Texas should respond to district attorneys who decline to prosecute certain crimes, arguing that lawmakers should consider expanding oversight and accountability during the 2027 legislative session.
The report, authored by Right on Crime Senior Policy Analyst Ross Jackson, concludes that there is a correlation between non-prosecution policies adopted by some prosecutors and rising crime rates in several jurisdictions. Jackson said his research began last fall and found the relationship to be particularly noticeable in cities such as Austin and Minneapolis, especially in communities that historically experienced relatively low crime rates.
According to the report, Austin has seen one of the sharpest increases in both violent and property crime in recent years. The analysis found the city's homicide rate rose by more than 60 percent between 2016 and 2024.
Much of the report focuses on Travis County District Attorney Jose Garza, who has faced criticism over his handling of criminal cases since taking office in 2020. Critics have accused Garza of reducing or dismissing charges in hundreds of cases, while his office also faced scrutiny last year after failing to secure timely indictments in numerous cases, including violent felonies. Those delays resulted in the dismissal of hundreds of prosecutions.
Although Texas lawmakers passed House Bill 17 in 2023 to address prosecutors who refuse to enforce state law, Jackson argues the statute has significant limitations. The law only applies to district attorneys who formally adopt non-prosecution policies that conflict with state law, leaving prosecutors who rely on informal practices or internal guidance outside its reach.
The report outlines several options lawmakers could pursue to strengthen oversight of district attorneys.
One proposal would establish a new state commission responsible for investigating and disciplining prosecutors. Jackson modeled the concept after the former Prosecuting Attorneys Coordinating Council, which operated in Texas from 1977 through 1983. While the Legislature could create such a body through statute, granting it the authority to remove elected district attorneys would likely require an amendment to the Texas Constitution.
Such an amendment would need approval from two-thirds of both legislative chambers before being submitted to Texas voters for final approval.
Another option would expand the authority of the State Commission on Judicial Conduct to oversee prosecutors. Jackson notes that giving the commission removal powers would also likely require a constitutional amendment.
The report also examines ways to ensure serious criminal cases move forward when local prosecutors decline to pursue them.
One proposal would authorize the Texas Office of the Attorney General to prosecute cases independently. However, a 2021 ruling by the Texas Court of Criminal Appeals limits the attorney general's criminal prosecution authority to cases referred by local prosecutors. Jackson argues that expanding those powers would almost certainly require a constitutional amendment unless the court reverses its previous decision.
Other proposals include creating a statewide prosecutor's office or establishing five regional district attorneys centered in Texas' largest urban areas. Jackson believes lawmakers likely have the authority to create a statewide prosecutor through statute, though the regional model could require constitutional changes and the creation of additional courts, increasing costs.
The issue has already drawn support from prominent Republican leaders.
Earlier this year, Gov. Greg Abbott called for legislation creating a statewide prosecutor and new mechanisms to remove district attorneys who fail to enforce state law. Texas Sen. Mayes Middleton, the Republican nominee for attorney general, has also backed the idea of a statewide prosecutor.
Beyond Travis County, Jackson's report highlights concerns over prosecutorial policies in Bexar and Dallas counties.
In Bexar County, District Attorney Joe Gonzales implemented a policy allowing law enforcement officers to issue citations instead of making arrests for certain drug, theft, and traffic misdemeanors. In Dallas County, District Attorney John Creuzot previously announced his office would no longer prosecute low-level, first-time drug offenses and, for a period, declined to prosecute certain low-level theft cases before reversing that policy in 2022.
Earlier this year, both Garza and Creuzot joined prosecutors from across the country in launching the Project for the Fight Against Federal Overreach, an initiative focused on prosecuting alleged misconduct by federal law enforcement officers.
Looking ahead, Jackson expressed optimism that lawmakers will revisit the issue. Texas House and Senate committees are expected to examine prosecutorial accountability during interim hearings later this year, although formal legislation cannot be filed until the legislative prefiling period opens on Nov. 9.
The report argues that when serious crimes go unprosecuted, victims may be denied justice while public confidence in the criminal justice system erodes. It also contends that inconsistent enforcement can create broader public safety concerns by signaling that certain offenses are unlikely to result in prosecution.
