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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment by the attorney general of a special |
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prosecutor to prosecute certain election offenses that are |
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committed in an adjacent county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 273.001(e), Election Code, is amended to |
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read as follows: |
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(e) Not later than the 30th day after the date on which a |
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county or district attorney begins an investigation under this |
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section, the county or district attorney shall deliver notice of |
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the investigation to the Office of the Attorney General [secretary |
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of state]. The notice may [must] include a request that the |
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Attorney General appoint a county or district attorney in an |
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adjacent county as a special prosecutor for the case. [statement |
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that a criminal investigation is being conducted and the date on |
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which the election that is the subject of the investigation was |
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held. The secretary of state may disclose information relating to a |
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criminal investigation received under this subsection only if the |
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county or district attorney has disclosed the information or would |
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be required by law to disclose the information.] |
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SECTION 2. Section 273.002, Election Code, is amended to |
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read as follows: |
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Sec. 273.002. LOCAL ASSISTANCE TO ATTORNEY GENERAL. For an |
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election in which the attorney general is conducting an |
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investigation, the attorney general may: |
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(1) request [direct] the county or district attorney |
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serving a county in the territory covered by the election to conduct |
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or assist the attorney general in conducting the investigation; or |
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(2) direct the Department of Public Safety to assist in |
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conducting the investigation. |
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SECTION 3. The heading to Section 273.021, Election Code, |
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is amended to read as follows: |
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Sec. 273.021. PROSECUTION BY SPECIAL PROSECUTOR [ATTORNEY |
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GENERAL AUTHORIZED]. |
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SECTION 4. Section 273.021, Election Code, is amended to |
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read as follows: |
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(a) The attorney general may in the course of investigating |
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[prosecute] a criminal offense prescribed by the election laws of |
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this state request that the county or district attorney of the |
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county where the offense occurred or the county or district |
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attorney of an adjacent county be appointed as a special prosecutor |
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for the matter. |
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(b) The special prosecutor [attorney general] may appear |
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before a grand jury in connection with an offense the [attorney |
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general] special prosecutor is requested [authorized] to prosecute |
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under Subsection (a). |
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(c) The authority to prosecute prescribed by this |
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subchapter does not affect the authority derived from other law to |
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prosecute the same offenses. |
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SECTION 5. Section 273.022, Election Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2023. |