Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.
One of the significant impacts of HB 5138 is that it gives the Attorney General expanded jurisdiction to prosecute election-related criminal violations effectively. If a local prosecuting attorney fails to initiate legal proceedings within six months of a reported offense, the Attorney General is mandated to intervene and prosecute the case. This change is expected to streamline the enforcement of election laws, particularly in instances where local authorities may be reluctant or unable to act.
House Bill 5138 aims to enhance the prosecution of criminal offenses related to election laws in the state of Texas. The bill stipulates that if a law enforcement agency discovers probable cause of an election-related offense, they must report it simultaneously to both the local prosecuting attorney and the Texas Attorney General. This provision is designed to ensure that the Attorney General is informed of potential violations and can take action if local authorities are slow to respond.
The bill may generate contention regarding the balance of power between local prosecutors and the state. Supporters argue that the bill provides necessary oversight to ensure accountability in elections, while critics may contend that it undermines local control and could lead to an overreach of state authority into local jurisdictions. Furthermore, the specific timelines and requirements for reporting and prosecuting offenses may create additional pressure on local law enforcement agencies.
If enacted, the provisions of HB 5138 would apply only to offenses committed on or after its effective date of September 1, 2025, thereby ensuring that existing cases would continue under the laws in effect at the time of the offense.
Government Code
Election Code