Relating to the prosecution by the attorney general of campaign finance offenses alleged to have been committed in connection with a state office or an election on a constitutional amendment.
Impact
The implementation of HB 778 would significantly affect the prosecution of campaign finance violations by empowering the Attorney General with the authority to assert the right to prosecute such cases. This includes not only handling cases directly but also requiring cooperation from local law enforcement. A crucial aspect of the bill is its provision for maintaining confidentiality of information disclosed during investigations, ensuring that sensitive data remains protected while still enabling thorough inquiries into campaign finance activities.
Summary
House Bill 778 aims to enhance the prosecutorial authority of the Attorney General in Texas regarding campaign finance violations associated with state offices and elections concerning constitutional amendments. The bill introduces a dedicated subchapter to the Government Code, enabling the Attorney General to prosecute offenses defined under Title 15 of the Election Code. This change is intended to centralize the enforcement of campaign finance laws, providing the Attorney General clear jurisdiction over cases that pertain to state offices, thus addressing concerns of accountability in campaign financing.
Contention
The bill has potential implications for the balance of prosecutorial power and local control, as it grants the Attorney General full rights to prosecute without overlap from local prosecuting attorneys on the same cases. While proponents argue that this centralization is necessary for effective enforcement and a deterrent against campaign finance violations, critics may highlight concerns regarding overreach and the implications for local prosecutors' roles. Additionally, the bill's effectiveness hinges on the success of a constitutional amendment that must be approved by voters, creating a layer of uncertainty regarding its enactment.
Enabling for
Proposing a constitutional amendment to permit the attorney general to prosecute certain offenses arising under the campaign finance laws of this state.
Relating to the appointment by the attorney general of a special prosecutor to prosecute certain election offenses that are committed in an adjacent county.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state.
Proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.