Gov. Abbott calls for 'Chief State Prosecutor' to overturn DA decisions
HOUSTON, TEXAS - NOVEMBER 9: Gov. Greg Abbott announces his re-election campaign for Texas governor in Houston, Sunday, Nov. 9, 2025. (Jason Fochtman/Houston Chronicle via Getty Images)
AUSTIN, Texas - Texas Gov. Greg Abbott said he is calling on state lawmakers to create a position that would be able to override prosecutorial decisions made by district attorneys in the state.
In a post on X, Abbott called for the creation of a "Chief State Prosecutor" to take on cases that local district attorneys will not or do not prosecute.
What they're saying:
"I am calling for legislation that creates a Chief State Prosecutor to actually prosecute criminals like this that DAs in places like Austin refuse to prosecute," Abbott said.
Abbott's post on X came as a reply to a post made by the account @AustinJustice that highlights a man who court records show has faced more than 30 charges since 2019. The court records show that the man was sentenced in several cases, but some charges have been dismissed or reduced in recent years.
"Progressive DAs are literally leading to the murder of Texans," Abbott said. "Those DAs must be held accountable and prosecutorial power must be shifted to actual prosecutors."
The Travis County District Attorney's Office has not yet responded to a request for comment.
In Texas, local district attorneys are largely responsible for deciding what crimes to prosecute in their respective jurisdiction. District attorneys are able to ask the attorney general's office to step in and take over a case if needed.
The attorney general's office has a criminal prosecutions division that can provide assistance to district and county attorneys in the event that an attorney is lacking the expertise or resources to investigate a complex case or if a conflict of interest arises.
House Bill 17
Texas already has laws that allow for the removal of a district attorney for refusal to prosecute certain crimes labeling them as "official misconduct."
House Bill 17 was signed in 2023 by Abbott. The law aimed to hold "rogue district attorneys" accountable.
Among those targeted by the law is Travis County District Attorney Jose Garza.
In April 2024, a Travis County resident filed a petition to remove Garza from office, saying he indiscriminately pressed charges against police, refused to prosecute lower-level drug crimes or cases related to the state's abortion ban.
Under HB 17, the case to remove an attorney from office must be heard by a judge from outside the district.
Comal County Judge Dib Waldrip assigned himself to the case and appointed Bell County attorney Jim Nichols to prosecute the case.
Nichols filed a motion to dismiss the case in June, saying sending excessive force cases to the grand jury was not valid grounds for removal and was prosecuting drugs charges, following Texas law.
That motion was paused by Waldrip.
In November 2024, Garza won reelection to office. His removal case was dropped a month later.
Performance reports for DAs in large urban areas
Attorney General Ken Paxton ordered district attorneys that represent urban areas with populations greater than 400,000 to submit "performance reports" in April 2025.
The rule required attorneys in 13 of Texas' 254 counties to submit certain case files for review. That rule was challenged in court by district attorneys in Dallas, Bexar and Harris counties, who called the rules "expansive, improper and unconstitutional."
A similar lawsuit was filed by district attorneys in Travis and El Paso counties.
The rules were blocked in June by a Travis County judge.
The Source: Information in this article comes from a post by Gov. Greg Abbott. Information on the attorney general's role in prosecuting crimes comes from the attorney general's office. Information on House Bill 17, the attempt to remove DA Jose Garza from office and rules requiring urban district attorneys to provide case records and performance reports comes from previous FOX reporting.