88R9164 LRM-D
 
  By: Schofield H.B. No. 3797
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the concurrent jurisdiction of prosecuting attorneys in
  adjoining districts or counties to prosecute criminal offenses
  involving the election laws in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 273, Election Code, is amended by adding
  Subchapter F to read as follows:
  SUBCHAPTER F. CONCURRENT JURISDICTION OF PROSECUTING ATTORNEY IN
  ADJOINING DISTRICT OR COUNTY
         Sec. 273.101.  DEFINITION. In this subchapter, "prosecuting
  attorney" means a district attorney, criminal district attorney, or
  county attorney with criminal jurisdiction. 
         Sec. 273.102.  CONCURRENT JURISDICTION. (a)  
  Notwithstanding any other law, a prosecuting attorney with the
  authority to prosecute a felony or misdemeanor involving the
  election laws of this state in the prosecuting attorney's county or
  district has, in an adjoining county or district, as applicable,
  concurrent jurisdiction with the prosecuting attorney of the
  adjoining county or district who prosecutes that class of offense
  to prosecute an offense of that class involving the election laws of
  this state.
         (b)  If not more than three prosecuting attorneys have
  jurisdiction to prosecute an offense under Subsection (a), a
  prosecuting attorney in a county or district, as applicable,
  adjacent to a county or district that is adjacent to the county or
  district in which the offense was committed has concurrent
  jurisdiction with the prosecuting attorney in the county or
  district in which the offense was committed who prosecutes that
  class of offense to prosecute an offense of that class involving the
  election laws of this state.
         Sec. 273.103.  PROSECUTION FOR SAME OFFENSE OR OFFENSE
  ARISING FROM SAME CRIMINAL EPISODE PROHIBITED. After a prosecuting
  attorney commences a criminal action involving the election laws of
  this state, another prosecuting attorney with jurisdiction over the
  matter, including concurrent jurisdiction described by Section
  273.102, may assist in prosecuting the action but may not commence a
  criminal action for the same offense or another offense arising
  from the same criminal episode, as defined by Section 3.01, Penal
  Code.
         SECTION 2.  This Act takes effect September 1, 2023.