§ 140A.107.Notice to Local Prosecutor

The first of three sections coordinating state civil enforcement with local criminal prosecution.

In a reasonable time before initiating suit or on initiating an investigation, the attorney general shall provide notice to the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction that appears to have primary jurisdiction over the criminal prosecution of any target.

Note the two different timings. Before suit, notice must come a reasonable time in advance. On initiating an investigation, it is due at that point — so the local prosecutor learns of it at the outset, not when a case is ready to file.

The earlier trigger is the important one, because the investigative demands available under this chapter can disturb a criminal investigation long before any suit exists.

"Appears to have primary jurisdiction" is a practical standard. The attorney general need not resolve which county has the better claim, only identify who appears to.

Subsection (b) requires the notice to describe or otherwise identify the defendant or suspect — without which a prosecutor could not tell whether it concerned an ongoing matter.

The underlying problem is real. Texas prosecutes trafficking locally and the attorney general enforces this chapter statewide. A civil suit filed against a target under criminal investigation can expose the investigation, prompt destruction of evidence, or hand a defendant discovery unavailable in a criminal case.

The two sections that follow supply the response: the prosecutor may notify back, and may require the suit to be abated.