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§ 140B.064.Nonexclusive Procedures

Title 6. Miscellaneous Provisions · Chapter 140B. Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection · Subchapter B. Civil Investigative Authority · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 140B.064 confirms that neither the attorney general nor a local prosecutor is confined to the demand procedure when investigating racketeering.

Full Text of § 140B.064

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Nothing in this chapter precludes the attorney general or local prosecutor from using any procedure not specified in this chapter in conducting a racketeering investigation.
End

Plain-English Summary

A savings clause in one sentence, and it forecloses a reading the subchapter’s detail would otherwise invite.

Nothing in the chapter precludes the attorney general or local prosecutor from using any procedure not specified in the chapter in conducting a racketeering investigation.

The addition of local prosecutors carries more weight here than the phrase suggests, because a local prosecutor already has an investigative apparatus this chapter says nothing about.

A district attorney investigating racketeering has the grand jury, criminal search warrants, and the police agencies of the county. Without this section, the argument would be available that the chapter’s detailed civil procedure displaced those tools for this subject.

The canon behind that argument is a familiar one: specifying a procedure implies the exclusion of others, and fourteen sections of demands, service, certificates and enforcement give it something to work with.

What the section preserves, it preserves unchanged. Nothing is added to any other procedure, and each keeps its own limits — a search still needs a warrant, and grand jury material stays subject to its own secrecy rules.

The practical reading is that the demand is an option rather than a prerequisite. An office need not issue one before proceeding, and material obtained by other lawful means is not vulnerable because no demand preceded it.

The companion savings clause sits at the front of the chapter, where the multiple-remedies section keeps the civil remedies cumulative of all other law. Between them the chapter adds to what the state already had without displacing any of it.

Frequently Asked Questions

Must an office issue a demand before investigating?

No. Nothing precludes using any procedure not specified in the chapter.

Does this affect a prosecutor’s criminal tools?

It preserves them. The grand jury, search warrants and police investigation remain available and keep their own limits.

Does it grant any new power?

No. It prevents the subchapter from being read as exclusive; it adds nothing.

Amendment History

  • Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source