TITLE 1. ADMINISTRATION

PART 8. TEXAS JUDICIAL COUNCIL

CHAPTER 171. REPORTING REQUIREMENTS

1 TAC §171.12

The Texas Judicial Council (Council) proposes new §171.12 regarding new reporting requirements imposed by Texas Government Code §71.0354.

Background and Justification

Texas Government Code §71.0354, enacted by HB 16, 89th Texas Legislature, 2nd Called Session (2025), took effect December 4, 2025, and requires county attorneys, district attorneys, and criminal district attorneys who represent the state in criminal matters before the district or other courts in the county (prosecuting attorneys) to report, in the form and manner prescribed by the Council, information on: (1) the categories of criminal offenses prosecuted by the prosecuting attorney and the number of criminal cases in each category; (2) the number of personnel employed by the prosecuting attorney and whether that number is sufficient to support the prosecutor's caseload; (3) the number of times a defendant was released as provided by Article 17.151, Code of Criminal Procedure; and (4) the number of electronic notices submitted by the prosecuting attorney to a court as required by Article 17.027(a)(2), Code of Criminal Procedure.

Although Texas Government Code §71.0354(b)(4) lists the submission of electronic notices by a prosecuting attorney to a court under Article 17.027(a)(2) of the Code of Criminal Procedure as an item to be reported to the Council, prosecuting attorneys are not required to submit notices under Article 17.027(a)(2); therefore, no information will be collected from prosecuting attorneys under this provision. In prescribing the information required to be submitted and the form and manner of submission, the Council consulted with the Texas District and County Attorneys Association and interested prosecutors and other persons as required by Texas Government Code §71.0354 (c).

The rule will take effect September 1, 2026 and the first report will be due on December 31, 2026.

Fiscal Impact on State and Local Government

Jennifer Henry, Chief Financial Officer of OCA, has determined that for each year of the first five-year period the new rules are in effect, there will be no fiscal implications for the state as a result of enforcing or administering the rules as proposed. There may be a cost to local governments to provide the data required by HB 16 due to implementation of procedures to collect the information required to be reported by Texas Government Code §71.0354(c); however, the fiscal impact cannot be determined because it will vary depending on the staffing levels of a prosecuting attorney's office and the office's ability to utilize existing data collection processes and systems to capture and report the required data.

Local Employment Impact Statement

Jennifer Henry has also determined that the proposed rules will not affect the local economy, so the Council is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

Public Benefit/Cost Note

Alejandra Peña, Director of Data and Research with OCA, has determined that for each year of the first five years the new rule is in effect, the public benefit anticipated as a result of the new rule will be: (1) clarity with respect to what is required by the prosecuting attorney reporting law, and (2) access to information regarding the workload of prosecuting attorneys' offices that will be useful to state and local officials and other interested parties for criminal justice policy making and fiscal planning.

Probable Economic Costs to Persons Required to Comply with Proposal

Jennifer Henry has determined that for each year of the first five-year period the proposed rules are in effect there may be an indeterminate fiscal impact on prosecuting attorneys' offices and, therefore, on counties, to comply with the new statutory requirements.

Fiscal Impact on Small Businesses, Micro Businesses, and Rural Communities

There will be no adverse effect on small businesses, micro businesses, or rural communities as a result of the proposed rules. Since the Council has determined that there is no adverse effect, the preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code §2006.002, is not required.

One-for-one Requirement for Rules with Fiscal Impact

While the proposed rule may fiscally impact local governments, the impact is indeterminate and will vary from county to county. Additionally, the rule is necessary to implement legislation; therefore, Texas Government Code §2001.0045 does not apply to the Council's adoption of the proposed rule.

Government Growth Impact Statement

Per Texas Government Code §2001.0221, the Council provides the following government growth impact statement. For each year of the first five years the proposed rule is in effect, the Council has determined that:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions for OCA.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to OCA.

4. The proposed rule does not require an increase or decrease in fees paid to the OCA.

5. The proposed rule is a new rule and therefore creates a new regulation.

6. The proposed rule does not expand, limit, or repeal an existing regulation regarding reporting to OCA by prosecuting attorneys.

7. The proposed rule increases the number of individuals subject to the rule's applicability because the Council was not previously required to collect information from prosecuting attorneys.

8. The proposed rule does not positively or adversely affect the state's economy.

Takings Impact Assessment

The Council has determined that no private real property interests are affected by the proposed rules, and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not require a takings impact assessment under Texas Government Code §2007.043.

Environmental Rule Analysis

The Council has determined that the proposed rules are not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Council asserts the proposed rules are not a "major environmental rule," as defined by Texas Government Code §2001.0225 and do not require the preparation of an environmental impact analysis.

Public Comment

Comments on the proposed rule and reporting instructions may be submitted to Alejandra Peña, Director of Data and Research, with OCA, at P.O. Box 12066, Austin, Texas 78711-2066 or electronically to reportingsection@txcourts.gov.

Statutory Authority and Sections Affected

The proposed rule is proposed pursuant to Government Code §71.019, the Council's general rulemaking authority, and implement the requirements imposed by Texas Government Code §71.0354.

No other statute, code, or article is affected by the proposed rule.

§171.12. Prosecuting Attorney Information.

(a) In this rule:

(1) "criminal case" means a case in which a criminal complaint, indictment, or information has been filed in a district or other court in the county;

(2) "OCA" means the Office of Court Administration; and

(3) "prosecuting attorney" has the meaning assigned in §71.0354(a) of the Government Code.

(b) Pursuant to §71.0354 (b) of the Government Code, each prosecuting attorney shall report, the following information to OCA:

(1) the number of offenses in each criminal case filed in each county served by the prosecuting attorney in each of the following categories:

(A) capital felony;

(B) 1st degree felony;

(C) 2nd degree felony;

(D) 3rd degree felony;

(E) state jail felony;

(F) class A misdemeanor;

(G) class B misdemeanor; and

(H) class C misdemeanor.

(2) on an annual basis, the number of personnel employed by the prosecuting attorney and whether that number is sufficient to support the prosecutor's caseload;

(3) the number of times a defendant was released pursuant to Article 17.151 of the Code of Criminal Procedure, regardless of whether an application for a writ of habeas corpus was filed, in each county served by the prosecuting attorney; and

(4) the number applications for a writ of habeas corpus under Code of Criminal Procedure Article 17.151 received by the prosecuting attorney in each county served by the prosecuting attorney.

(c) Unless otherwise stated, prosecuting attorneys must submit the information required to be reported under this rule on a quarterly basis in the manner required by OCA. Reports are due to OCA no later than the last day of the month following the end of the reporting period.

(d) Comments:

(1) The first quarterly reporting period under this rule is from September 1, 2026 through November 30, 2026. The first quarterly report (under §171.12(b) (1), (3), and (4)) and annual report (under §171.12(b)(2)) are due on December 31, 2026.

(2) Prosecuting attorneys are not required to submit electronic notices to a court under Article 17.027(a)(2) of the Code of Criminal Procedure; therefore, no information will be collected from prosecuting attorneys regarding the activity described by §71.0354(b)(4) of the Government Code.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 29, 2026.

TRD-202602674

Maria Elena Ramon

General Counsel

Texas Judicial Council

Earliest possible date of adoption: August 9, 2026

For further information, please call: (512) 463-1625