Texas House Bill HB778

Texas 2009 - 81st Regular

Caption

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.