Police send findings to the Texas Court of Criminal Appeals, which appoints one.
The bill lets any police agency that investigates an election-law offense send its findings straight to the Texas Court of Criminal Appeals. The court must then appoint a special prosecutor, drawn from a district or county attorney serving a different area, who decides whether to bring charges, decline, or ask for more investigation. This creates a path to prosecute election-law cases that goes around the local prosecutor, starting September 1, 2025.
Labels
Labels: GOT HALFWAY. Passed the Senate on May 19, 2025. Died in the House: never got out of the Criminal Jurisprudence committee.
relating to the appointment of a special prosecutor by the court of
criminal appeals for certain criminal cases.
WHAT IT DOES
Police send findings to the Texas Court of Criminal Appeals, which appoints one.
The bill lets any police agency that investigates an election-law offense send its findings straight to the Texas Court of Criminal Appeals. The court must then appoint a special prosecutor, drawn from a district or county attorney serving a different area, who decides whether to bring charges, decline, or ask for more investigation. This creates a path to prosecute election-law cases that goes around the local prosecutor, starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Senator Hughes moved to suspend the regular order of business to take up for consideration SB 1861 at this time on its third reading and final passage: SB 1861, Relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases. The motion prevailed by the following vote: Yeas 20, Nays 11.
Published stock of positions for this vote, except where marked derived.
Yea: 20 (published)
Nay: 11 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)
Senate journal. Source snapshot 2026-10-19, Central time.
Senator Hughes moved to suspend the regular order of business to take up for consideration SB 1861 at this time on its second reading: SB 1861, Relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases. The motion prevailed by the following vote: Yeas 20, Nays 11.
Published stock of positions for this vote, except where marked derived.
Yea: 20 (published)
Nay: 11 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)
Senate journal. Source snapshot 2026-10-19, Central time.
Witnesses11
For
4
Against
7
On
0
Names
For
Self1 registration
Self; Montgomery County District Attorney’s Office1 registration
Self; SREC EI Committee and Secure Texas Elections LP Subcommittee, Self1 registration
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Senate committee · State Affairs · Committee vote 9 aye, 1 nay, 1 absent · Out of committee
Subjects
Courts--Prosecuting Attorneys
Crimes--Miscellaneous
Criminal Procedure--General
Elections--General
Law Enforcement
COURT OF APPEALS, TEXAS (VJ85R)
Text
The text as introduced · 285 words
89R12230 JCG-D
By: Hughes
S.B. No. 1861
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a special prosecutor by the court of
criminal appeals for certain criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2A, Code of Criminal
Procedure, is amended by adding Article 2A.112 to read as follows:
Art. 2A.112. APPOINTMENT OF SPECIAL PROSECUTOR FOR CERTAIN
CASES. (a) In this article, "prosecuting attorney" means a
district attorney, criminal district attorney, or county attorney
with criminal jurisdiction.
(b) A law enforcement agency that investigates an offense
prescribed by the election laws of this state may present to the
court of criminal appeals a report that includes the
investigation's findings and a description of any evidence obtained
as a result of the investigation.
(c) On receipt of a report under Subsection (b), the court
of criminal appeals shall appoint a special prosecutor to:
(1) review the report; and
(2) make a determination to:
(A) bring a criminal action based on the report;
(B) decline to bring the action described by
Paragraph (A); or
(C) request that the law enforcement agency
pursue further investigation.
(d) To be eligible to be appointed as a special prosecutor
under this article, a person must:
(1) be a prosecuting attorney who serves an area that
does not overlap with the area served by the law enforcement agency
who presented the report, unless the law enforcement agency has
statewide jurisdiction; and
(2) have the appropriate experience to ensure
competent representation of the state in any legal proceeding with
respect to the offense that is the subject of the report.
SECTION 2. This Act takes effect September 1, 2025.
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