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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.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, or a judge of a court in an adjacent county, |
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upon petition for removal by any resident of this state who, at the |
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time of the alleged cause of disqualification, lives and has lived |
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for at least six months in the county or adjacent county, shall |
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declare the attorney disqualified and must appoint the attorney |
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general to represent the state in accordance with Article |
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2A.104(b)(2) with respect to a criminal case or proceeding |
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involving the election laws of this state, on a showing that the |
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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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SECTION 2. 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)(2), the attorney general may prosecute a criminal offense |
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prescribed by the election laws of this state on the |
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disqualification of a district or county attorney under Article |
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2A.105(d), Code of Criminal Procedure. |
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SECTION 3. 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 4. This Act takes effect September 1, 2025. |