Court of Civil Appeals of Texas, 2025

Ken Paxton, in His Official Capacity as Attorney General for the State of Texas and the Office of the Attorney General for the State of Texas v. Delia Garza, in Her Official Capacity as Travis County Attorney; John Creuzot, in His Official Capacity as Dallas County Criminal District Attorney; And Brian Middleton, in His Official Capacity as District Attorney of Fort Bend County (268th Judicial District)

Court of Civil Appeals of Texas · Decided September 19, 2025

Opinion

ACCEPTED 15-25-00116-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/19/2025 7:06 PM No. 15-25-00116-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS 9/19/2025 7:06:26 PM CHRISTOPHER A. PRINE KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL FOR THE Clerk STATE OF TEXAS, AND THE OFFICE OF THE ATTORNEY GENERAL, Appellants, v. DELIA GARZA, IN HER OFFICIAL CAPACITY AS TRAVIS COUNTY ATTORNEY; JOSÉ P. GARZA, IN HIS OFFICIAL CAPACITY AS TRAVIS COUNTY DISTRICT ATTORNEY; TRAVIS COUNTY; BRIAN M. MIDDLETON, IN HIS OFFICIAL CAPACITY AS FORT BEND COUNTY DISTRICT ATTORNEY (268TH JUDICIAL DISTRICT); HARRIS COUNTY DISTRICT ATTORNEY SEAN TEARE; HARRIS COUNTY; EL PASO COUNTY DISTRICT ATTORNEY JAMES MONTOYA; EL PASO COUNTY ATTORNEY CHRISTINA SANCHEZ; EL PASO COUNTY; DALLAS COUNTY CRIMINAL DISTRICT ATTORNEY JOHN CREUZOT; DALLAS COUNTY; BEXAR COUNTY CRIMINAL DISTRICT ATTORNEY JOE GONZALES; BEXAR COUNTY; AND SHAWN W. DICK, IN HIS OFFICIAL CAPACITY AS WILLIAMSON COUNTY DISTRICT ATTORNEY (26TH JUDICIAL DISTRICT), Appellees.

APPELLEES’ AMENDED BENCH EXHIBITS

Bradley W. Snead State Bar No. 24032706 [email protected] Michael Adams-Hurta State Bar No. 24097860 [email protected] WRIGHT CLOSE & BARGER, LLP One Riverway, Suite 2200 Houston, Texas 77056 Tel.: (713) 572-4321 Fax: (713) 572-4320 TABLE OF CONTENTS TAB DESCRIPTION A TEX. GOV. CODE § 41.006 B The Law in 1879 vs. the Law Today: Constitution & Statutes on Attorney General Reporting to the Governor C Other Prosecutor-Reporting Statutes TEX. GOV. CODE §§ 402.0352, 402.102 D Enrolled S.B. 12, Signed September 19, 2025 & Effective December 4, 2025 (TEX. GOV. CODE § 402.152(b)) Respectfully submitted, /s/ Bradley W. Snead Bradley W. Snead State Bar No. 24032706 [email protected] Michael Adams-Hurta State Bar No. 24097860 [email protected] WRIGHT CLOSE & BARGER, LLP One Riverway, Suite 2200 Houston, Texas 77056 Tel.: (713) 572-4321 Fax: (713) 572-4320 Counsel for Appellees District Attorney Sean Teare and Harris County BENCH EXHIBIT A: TEX. GOV’T CODE § 41.006 Title 2. Judicial Branch Subtitle C. Prosecuting Attorneys Chapter 41. General Provisions Sec. 41.006 REPORT TO ATTORNEY GENERAL. At the times and in the form that the attorney general directs, the district and county attorneys shall report to the attorney general the information from their districts and counties that the attorney general desires relating to criminal matters and the interests of the state.

BENCH EXHIBIT B: THE LAW IN 1879 VS. THE LAW TODAY: CONSTITUTION & STATUTES ON ATTORNEY GENERAL REPORTING TO THE GOVERNOR THE LAW IN 1879

TEXAS CONSTITUTION Article 4. Executive Department Sec. 24. ACCOUNTS AND REPORTS OF EXECUTIVE OFFICERS TO GOVERNOR; PERJURY FOR FALSE REPORT. … The Governor may, at any time, require information in writing from any and all of said officers or managers, upon any subject relating to the duties, condition, management, and expenses of their respective offices and institutions ….

1879 CODE OF CRIMINAL PROCEDURE I. The Attorney-General Art. 29. He shall report to the governor on the first Monday of December, annually, and at such other times as the governor may require, [1] the number of indictments which have been found by grand juries in this state for the preceding year; [2] the number of informations filed in this state for the preceding year; [3] the offenses charged in such indictments or information; [4] the number of arraignments, convictions and acquittals for each offense; [5] the number of indictments and informations which have been disposed of without the intervention of a petit jury, with the cause and manner of such disposition; and [6] also a summary of the judgments rendered on conviction, specifying the offense, the nature and amount of penalties imposed, and the amount of fines collected.

Art. 30. He may require the several district and county attorneys, clerks of the district and county courts in the state, to communicate to him at such times as he may designate, and in such forms as he may prescribe, all the information necessary for his compliance with the requirements of the preceding article.

II. District and County Attorneys Art. 40. District and county attorneys shall, when required by the attorney-general, report to him at such times, and in accordance with such form as he may direct, such information as he may desire in relation to criminal matters and the interests of the state, in their districts and counties.

THE LAW TODAY

TEXAS GOVERNMENT CODE Title 4. Executive Branch Subtitle A. Executive Officers Chapter 402. Attorney General Sec. 402.003 REPORT. The attorney general shall report to the governor on the first Monday of December of each even-numbered year. The report must include the following information for the preceding two years: (1) a summary of the cases in which the state was a party that were acted on by the supreme court and court of criminal appeals; and (2) a summary of civil cases in which the state was a party that were prosecuted or defended by the attorney general in other state or federal courts.

[Article 30 Repealed in 1925] Title 2. Judicial Branch Subtitle C. Prosecuting Attorneys Chapter 41. General Provisions Sec. 41.006 REPORT TO ATTORNEY GENERAL. At the times and in the form that the attorney general directs, the district and county attorneys shall report to the attorney general the information from their districts and counties that the attorney general desires relating to criminal matters and the interests of the state.

BENCH EXHIBIT C: EXEMPLAR REPORTING STATUTES TEX. GOV. CODE §§ 402.0352, 402.102

Section 402.0352 Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.008(a), eff. September 1, 2025 Section 402.102 Added by Acts 2025, 89th Leg., R.S., Ch. 364 (H.B. 45), Sec. 2, eff. September 1, 2025 Subchapter B. Duties Sec. 402.0352 REPORTING OF HUMAN TRAFFICKING CASES. (a) This section applies only to: … (4) the Office of Court Administration of the Texas Judicial System; … (b) An entity to which this section applies that investigates or collects data … that may involve human trafficking, shall submit to the attorney general in the manner and form prescribed by the attorney general a report containing the following information: (1) the offense being investigated for which data is being collected, … ; (2) regarding each person suspected of committing the offense: [name, gender, etc.]; (3) the date and location of the alleged offense, including the city and county; (4) the disposition of the investigation, if any … ; and (5) regarding the victim of the offense: [name, gender, etc.]. … (f) In consultation with the entities described by Subsection (a), the attorney general shall adopt rules to administer this section…

Subchapter D. Prosecution of Trafficking of Persons Offense Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. (b) On request of the attorney general, a local prosecuting attorney or law enforcement agency shall provide all requested information that has not been made publicly available regarding investigations of a criminal offense described by Section 402.101 [i.e., Chapter 20A, Penal Code, “Trafficking of Persons”] to assist the attorney general in performing duties required under this subchapter. The attorney general may submit a request under this subsection only if the attorney general is representing the state in the prosecution of the criminal offense pursuant to Section 402.103(a) [i.e., no action taken in 180 days] or the local prosecuting attorney otherwise agrees to provision of the information under this subsection. [No Rulemaking Provision] BENCH EXHIBIT D: ENROLLED S.B. 12, SIGNED SEP. 19, 2025 & EFFECTIVE DEC. 4, 2025 ACT OF AUG. 28, 2025, 89TH LEG., 2D C.S., CH. — , § 3, 2025 TEX. GEN. LAWS — , — (TO BE CODIFIED TEX. GOV’T CODE 402.152(B)).

S.B.ANo.A12

1 AN ACT relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTIONA1.AAChapter 402, Government Code, is amended by adding Subchapter E to read as follows: SUBCHAPTER E. PROSECUTION OF CRIMINAL OFFENSES PRESCRIBED BY STATE 8 ELECTION LAWS 9 Sec.A402.151.AAAPPLICABILITY. This subchapter applies to a criminal offense under the Election Code. 11 Sec.A402.152.AAPROVISION OF INFORMATION TO ATTORNEY GENERAL.

12 (a) A law enforcement agency shall submit to the attorney general any report stating there is probable cause to believe an identified person has committed a criminal offense described by Section 402.151.

16 (b)AAA local prosecuting attorney or law enforcement agency shall provide any information requested by the attorney general regarding investigations of criminal offenses described by Section 402.151 to assist the attorney general in performing duties required under this subchapter.

21 Sec.A402.153.AAPROSECUTION. Notwithstanding any other law, the attorney general has jurisdiction to prosecute and shall represent the state in the prosecution of a criminal offense described by Section 402.151.

S.B.ANo.A12 1 SECTIONA2.AASections 273.021(a) and (b), Election Code, are amended to read as follows: 3 (a)AAThe attorney general has jurisdiction to [may] prosecute and shall represent the state in the prosecution of a criminal offense prescribed by the election laws of this state as provided by Subchapter E, Chapter 402, Government Code. 7 (b)AAThe attorney general may appear before a grand jury in connection with a criminal [an] offense the attorney general is authorized to prosecute under Subsection (a).

10 SECTIONA3.AASection 273.022, Election Code, is amended to read as follows: 12 Sec.A273.022.AACOOPERATION WITH LOCAL PROSECUTOR.AAThe attorney general may direct the county or district attorney serving the county in which the offense is to be prosecuted to prosecute a criminal [an] offense that the attorney general is authorized to prosecute under Section 273.021 or to assist the attorney general in the prosecution.

18 SECTIONA4.AAThe changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

25 SECTIONA5.AAThis Act takes effect on the 91st day after the last day of the legislative session.

S.B.ANo.A12

______________________________ ______________________________ President of the SenateAAAAAAAAAAAAASpeaker of the House I hereby certify that S.B.ANo.A12 passed the Senate on AugustA19,A2025, by the following vote:AAYeasA18, NaysA12.

______________________________ AAAASecretary of the Senate I hereby certify that S.B.ANo.A12 passed the House on AugustA26,A2025, by the following vote:AAYeasA85, NaysA54, one present not voting.

______________________________ AAAAChief Clerk of the House

Approved:

______________________________ AAAAAAAAAAAAADate

______________________________ AAAAAAAAAAAGovernor

Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Alysa Slocum on behalf of Brad Snead Bar No. 24049835 [email protected] Envelope ID: 105863563 Filing Code Description: Exhibit Filing Description: Appellees' Amended Bench Exhibits Status as of 9/22/2025 7:26 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Christopher Garza 24078543 [email protected] 9/19/2025 7:06:26 PM SENT Cynthia Veidt 24028092 [email protected] 9/19/2025 7:06:26 PM SENT Christina Sanchez 24062984 [email protected] 9/19/2025 7:06:26 PM SENT Jonathan Fombonne 24102702 [email protected] 9/19/2025 7:06:26 PM SENT Maria Williamson [email protected] 9/19/2025 7:06:26 PM SENT Nicole A.Myette [email protected] 9/19/2025 7:06:26 PM SENT Tiffany Bingham 24012287 [email protected] 9/19/2025 7:06:26 PM SENT Nancy Villarreal [email protected] 9/19/2025 7:06:26 PM SENT William Farrell [email protected] 9/19/2025 7:06:26 PM SENT Joshua Woods [email protected] 9/19/2025 7:06:26 PM SENT Bradley W.Snead [email protected] 9/19/2025 7:06:26 PM SENT Michael Adams-Hurta [email protected] 9/19/2025 7:06:26 PM SENT William FCole [email protected] 9/19/2025 7:06:26 PM SENT Ben Mendelson [email protected] 9/19/2025 7:06:26 PM SENT Cynthia W.Veidt [email protected] 9/19/2025 7:06:26 PM SENT Alexandria Oberman [email protected] 9/19/2025 7:06:26 PM SENT Katharine Tafuri [email protected] 9/19/2025 7:06:26 PM SENT Amanda Ruch [email protected] 9/19/2025 7:06:26 PM SENT Leslie W. Dippel [email protected] 9/19/2025 7:06:26 PM SENT Todd A. Clark [email protected] 9/19/2025 7:06:26 PM SENT Jonathan G.C. Fombonne [email protected] 9/19/2025 7:06:26 PM SENT Tiffany S. Bingham [email protected] 9/19/2025 7:06:26 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Alysa Slocum on behalf of Brad Snead Bar No. 24049835 [email protected] Envelope ID: 105863563 Filing Code Description: Exhibit Filing Description: Appellees' Amended Bench Exhibits Status as of 9/22/2025 7:26 AM CST Case Contacts Tiffany S. Bingham [email protected] 9/19/2025 7:06:26 PM SENT Christopher Garza [email protected] 9/19/2025 7:06:26 PM SENT Justin C. Pfeiffer [email protected] 9/19/2025 7:06:26 PM SENT Christina Sanchez [email protected] 9/19/2025 7:06:26 PM SENT Bernardo Rafael Cruz [email protected] 9/19/2025 7:06:26 PM SENT C. RobertHeath [email protected] 9/19/2025 7:06:26 PM SENT William H. Farrell [email protected] 9/19/2025 7:06:26 PM ERROR Cynthia W. Veidt [email protected] 9/19/2025 7:06:26 PM ERROR Randy T. Leavitt [email protected] 9/19/2025 7:06:26 PM SENT Alexandria Oberman [email protected] 9/19/2025 7:06:26 PM SENT Eric Abels [email protected] 9/19/2025 7:06:26 PM SENT Jacob Beach [email protected] 9/19/2025 7:06:26 PM SENT Michael J.Satin [email protected] 9/19/2025 7:06:26 PM SENT Laura G.Ferguson [email protected] 9/19/2025 7:06:26 PM SENT Michael J. Statin [email protected] 9/19/2025 7:06:26 PM ERROR Laura G. Ferguson [email protected] 9/19/2025 7:06:26 PM SENT William H. Farrell H.Farrell [email protected] 9/19/2025 7:06:26 PM ERROR Leslie W.Dippel [email protected] 9/19/2025 7:06:26 PM SENT Leslie W.Dippel [email protected] 9/19/2025 7:06:26 PM SENT Bradely W.Snead [email protected] 9/19/2025 7:06:26 PM SENT Bernardo Cruz [email protected] 9/19/2025 7:06:26 PM SENT Bernardo Cruz [email protected] 9/19/2025 7:06:26 PM SENT Bernardo Cruz [email protected] 9/19/2025 7:06:26 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.