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Texas House hearing puts removal of elected prosecutors under scrutiny

A Republican lawmaker urged investigating and impeaching Travis County District Attorney José Garza during a contentious hearing on prosecutorial integrity. Whether the Texas House can impeach a local district attorney remains disputed, and no vote to do so was reported.

Texas House hearing puts removal of elected prosecutors under scrutiny
AUSTIN — Texas lawmakers sparred over Travis County District Attorney José Garza’s handling of criminal cases Wednesday, with one Republican calling for an investigation and impeachment and members debating whether the Texas House has authority to remove a locally elected prosecutor that way. The discussion unfolded at the House Select Committee on Governmental Oversight, which met at the Capitol to examine prosecutorial integrity. The hearing focused in part on criticism that the Travis County district attorney’s office has dismissed or reduced charges in serious cases. Lawmakers did not vote on an impeachment measure. State Rep. Mitch Little, a Lewisville Republican, said the Legislature should consider investigating Garza. “If he cannot diligently represent the interest of the state of Texas rather than the offender, then perhaps he shouldn’t be doing that job,” Little said. Jennifer Stevens, president of the Central Texas Public Safety Commission, told the committee she believed crime in Austin was not improving and blamed the district attorney. She said residents hear about people accused of serious crimes being released. Her comments reflected criticism of the office, rather than evidence presented at the hearing establishing that all the cases she referenced had been mishandled. Garza was invited to testify but did not attend. Assistant District Attorney Stephanie Gharakhanian, the office’s legislative liaison, appeared and read a written statement partly drafted by Garza. It said prosecutors may reject charges or dismiss cases when evidence is insufficient, and that such decisions do not mean they are failing to enforce the law. The statement also cited convictions secured in August, including two murder convictions and a capital murder conviction that resulted in a life sentence without parole. Gharakhanian said Austin’s crime rates had declined over the past five years, citing state Department of Public Safety data. Republican lawmakers questioned the figures and pressed her about specific cases, but she said she did not have details on those cases available. She added that information in a public probable-cause affidavit may not include all evidence prosecutors consider. Rep. Richard Peña Raymond, a Laredo Democrat, said the public has a right to understand decisions in cases involving deaths. Shannon Edmonds of the Texas District and County Attorneys Association said prosecutors may be unable to discuss ongoing investigations publicly and suggested lawmakers seek information privately. The hearing also exposed uncertainty over the House’s impeachment powers. Little argued the Texas Constitution permits impeachment of a district attorney. Texas law separately provides a civil process for seeking removal of a local prosecutor: a jury considers the petition, and a state district judge makes the final determination. Committee Chair Cody Vasut said Little could seek a vote to subpoena Garza, but such a measure would require approval from two-thirds of committee members. Vasut raised concerns about transactional immunity, which can protect compelled witnesses from prosecution based on testimony they are required to give. The committee ultimately gave Garza more time to appear; he did not return. The debate comes amid Gov. Greg Abbott’s campaign to expand the Legislature’s power to impeach district attorneys he has called “rogue.” In May, Abbott said local prosecutors lack the checks and balances that apply to other elected officials. Garza responded then that a state law intended to make it easier to remove locally elected district attorneys had already taken effect, and described Abbott’s new proposal as evidence the governor considered that law ineffective. For Travis County residents, the dispute concerns both how elected prosecutors are held accountable and whether state lawmakers could gain a new route to remove them. The hearing raised those questions but did not resolve the constitutional dispute or announce a specific impeachment action.

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