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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain election offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2A.104, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Except as provided by Subsection (b-1), if [If] an |
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attorney representing the state is disqualified to act in any case |
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or proceeding, is absent from the county or district, or is |
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otherwise unable to perform the duties of the attorney's office, or |
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if there is no attorney representing the state, the judge of the |
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court in which the attorney represents the state may appoint to |
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perform the duties of the attorney's office during the attorney's |
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absence or disqualification: |
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(1) an attorney representing the state from any county |
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or district; or |
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(2) an assistant attorney general. |
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(b-1) If an attorney representing the state is disqualified |
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to act under Article 2A.105(d) or 2A.1051, the judge of the court in |
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which the attorney represents the state shall appoint an assistant |
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attorney general to perform the duties of the attorney's office |
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during the attorney's disqualification. The duties of the |
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assistant attorney general appointed under this subsection are |
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additional duties of the office of the attorney general, and the |
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office of the attorney general is not entitled to additional |
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compensation for performing those duties. |
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SECTION 2. Article 2A.105, Code of Criminal Procedure, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A judge of a court in which a district or county attorney |
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represents the state shall declare the attorney disqualified for |
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purposes of Article 2A.104(b-1) with respect to a criminal case or |
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proceeding involving the election laws of this state, on a showing |
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that the attorney has adopted a policy or practice, or is following |
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or enforcing a policy or practice, under which the attorney |
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consistently refuses or declines to prosecute a violation of the |
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election laws of this state. |
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SECTION 3. Subchapter C, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.1051 to read as follows: |
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Art. 2A.1051. PETITION TO DISQUALIFY IN CERTAIN CASES. (a) |
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A person who has resided in the same county of this state for at |
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least six months may file, in any district or county court for that |
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county, a petition seeking the disqualification of a district or |
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county attorney who serves that county or an adjacent county if: |
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(1) the district or county attorney filed a criminal |
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case or proceeding involving the election laws of this state in a |
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court for the county in which the person resides or for a county |
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adjacent to the county in which the person resides; and |
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(2) the person has reason to believe the district or |
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county attorney has adopted a policy or practice, or is following or |
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enforcing a policy or practice, under which the attorney |
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consistently refuses or declines to prosecute a violation of the |
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election laws of this state. |
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(b) The judge of the court in which a petition is filed under |
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Subsection (a) shall declare the attorney against whom the petition |
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is filed disqualified for purposes of Article 2A.104(b-1) on the |
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petitioner showing that the attorney has adopted or is following or |
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enforcing a policy or practice described by Subsection (a)(2). If |
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the judge disqualifies an attorney under this subsection, the judge |
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shall send notice to the judge of the court in which the case |
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described by Subsection (a)(1) is pending that the attorney is |
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disqualified and an appointment under Article 2A.104(b-1) is |
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required. |
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(c) Before a charging instrument in a criminal case is |
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filed, with respect to a violation of the election laws of this |
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state that a person has reason to believe occurred in the county in |
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which the person resides, a person described by Subsection (a) may |
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file a petition seeking to refer the investigation and prosecution |
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of the violation to the office of the attorney general with a court |
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described by that subsection in the same manner as if the violation |
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had been filed as a case or proceeding described by Subsection |
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(a)(1). A judge of a court in which a petition is filed under this |
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subsection shall refer the case to the office of the attorney |
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general if the petitioner makes the showing required by Subsection |
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(b) with respect to the district or county attorney serving the |
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petitioner's county of residence. |
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SECTION 4. Section 273.021, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In accordance with an appointment made under Article |
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2A.104(b-1), Code of Criminal Procedure, the attorney general may |
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prosecute a criminal offense prescribed by the election laws of |
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this state on the disqualification of a district or county attorney |
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under Article 2A.105(d) or 2A.1051, Code of Criminal Procedure, or |
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on the referral of the case under Article 2A.1051(c), Code of |
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Criminal Procedure. |
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SECTION 5. The changes in law made by this Act apply only to |
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the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2025. |