Earlier this year, the department settled the case two weeks into the trial.
The two brothers received one-point-seven million dollars. The sheriff's office has confirmed the Erik Ibarra and his brother were under surveillance last fall leading up to the trial.
"You know they followed us for five or six hours for three days; one minute would have been one minute too much."
State Senator Rodney Ellis is asking the state attorney general to investigate.
"The government does not have a right, in my judgement, based on the appearance of this case, to put citizens under surveillance when they have filled a civil lawsuit. If there was some concern, some reasonable allegation, that these gentlemen were involved in some criminal activity, that is a separate issue, and then the sheriff's department should come forward and make that public."
The Harris County Sheriff's office is not commenting. As of Monday afternoon the state attorney general's office said they had not received the letter.
Capella Tucker, KUHF-Houston Public Radio News.