The text as introduced · 491 words
89R11679 AMF-D
By: Shaheen
H.B. No. 5138
A BILL TO BE ENTITLED
AN ACT
relating to the duty of the attorney general to prosecute criminal
offenses prescribed by the election laws of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 402, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PROSECUTION OF CRIMINAL OFFENSES PRESCRIBED BY STATE
ELECTION LAWS
Sec. 402.101. APPLICABILITY. This subchapter applies to a
criminal offense under the Election Code.
Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL.
(a) A law enforcement agency that submits to a local prosecuting
attorney a report stating there is probable cause to believe an
identified person has committed a criminal offense described by
Section 402.101 shall simultaneously submit a copy of that report
to the attorney general.
(b) On request of the attorney general, a local prosecuting
attorney or law enforcement agency shall provide information
regarding investigations of criminal offenses described by Section
402.101 to assist the attorney general in performing duties
required under this subchapter.
Sec. 402.103. PROSECUTION. Notwithstanding any other law,
the attorney general has jurisdiction to prosecute and shall
prosecute a criminal offense described by Section 402.101 if:
(1) a law enforcement agency submits a report
described by Section 402.102(a) to the local prosecuting attorney
and the attorney general; and
(2) six months have elapsed from the date the report
was submitted and the local prosecuting attorney has not initiated
proceedings to prosecute the offense.
SECTION 2. Sections 273.021(a) and (b), Election Code, are
amended to read as follows:
(a) The attorney general shall [ may ] prosecute a criminal
offense prescribed by the election laws of this state as provided by
Subchapter D, Chapter 402, Government Code .
(b) The attorney general may appear before a grand jury in
connection with a criminal [ an ] offense the attorney general is
required [ authorized ] to prosecute under Subsection (a).
SECTION 3. Section 273.022, Election Code, is amended to
read as follows:
Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The
attorney general may direct the county or district attorney serving
the county in which the offense is to be prosecuted to prosecute a
criminal [ an ] offense that the attorney general is required
[ authorized ] to prosecute under Section 273.021 or to assist the
attorney general in the prosecution.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. 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 5. This Act takes effect September 1, 2025.
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