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A BILL TO BE ENTITLED
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AN ACT
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relating to the venue for the prosecution of an election offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.41 to read as follows: |
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Art. 13.41. ELECTION OFFENSES. (a) An offense classified |
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as a felony under the Election Code, or a felony offense otherwise |
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related to an election conducted in this state, may be prosecuted in |
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a judicial district adjoining the judicial district in which the |
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offense occurred. |
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(b) An offense classified as a misdemeanor under the |
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Election Code, or a misdemeanor offense otherwise related to an |
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election conducted in this state, may be prosecuted in a county |
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adjoining the county in which the offense occurred. |
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(c) A county has exclusive jurisdiction over offenses |
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within its jurisdiction until 90 days after the Governor's |
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certification of election under Section 67.016, Election Code for |
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the election during which the offense occurred. |
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(d) If an offense did not occur during an election, the |
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county where an offense took place has exclusive jurisdiction over |
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offenses within its jurisdiction for 90 days after the offense is |
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discovered. |
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(e) If a prosecution under this section would be foreclosed |
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under Section 12.02, Code of Criminal Procedure, a prosecution may |
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be brought earlier than provided in subsections (c) and (d). |
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SECTION 2. The changes in law made by this Act apply only to |
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a violation of law that occurs on or after the effective date of |
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this Act. A violation that occurs before the effective date of this |
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Act is governed by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, a violation of law occurred |
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before the effective date of this Act if any element of the |
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violation occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |