Hopper’s bill to disqualify prosecutors who won’t prosecute

The text as introduced · 291 words

89R4600 LRM/JCG-D

By: Hopper
H.B. No. 4705

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain election offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 2A.105, Code of Criminal Procedure, is

amended by adding Subsection (d) to read as follows:

(d) A judge of a court in which a district or county attorney

represents the state shall declare the attorney disqualified for

purposes of Article 2A.104 with respect to a criminal case or

proceeding involving the election laws of this state, on a showing

that the attorney has adopted a policy or practice, or is following

or enforcing a policy or practice, under which the attorney

consistently refuses or declines to prosecute a violation of the

election laws of this state.

SECTION 2. Section 273.021, Election Code, is amended by

adding Subsection (d) to read as follows:

(d) In accordance with an appointment made under Article

2A.104(b), the attorney general may prosecute a criminal offense

prescribed by the election laws of this state on the

disqualification of a district or county attorney under Article

2A.105(d), Code of Criminal Procedure.

SECTION 3. The changes in law made by this Act apply only to

the prosecution of an offense committed on or after the effective

date of this Act. The prosecution of 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.

SECTION 4. This Act takes effect September 1, 2025.