| 1 | 1 | | 87R7943 JRR-F |
|---|
| 2 | 2 | | By: Schofield H.B. No. 2916 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the enforcement of certain laws by the attorney |
|---|
| 8 | 8 | | general. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. This Act may be cited as the Rule of Law |
|---|
| 11 | 11 | | Enforcement Act. |
|---|
| 12 | 12 | | SECTION 2. Subchapter B, Chapter 273, Election Code, is |
|---|
| 13 | 13 | | transferred to Title 1, Code of Criminal Procedure, redesignated as |
|---|
| 14 | 14 | | Chapter 2C, Code of Criminal Procedure, and amended to read as |
|---|
| 15 | 15 | | follows: |
|---|
| 16 | 16 | | CHAPTER 2C [SUBCHAPTER B]. PROSECUTION OF CERTAIN OFFENSES BY |
|---|
| 17 | 17 | | ATTORNEY GENERAL |
|---|
| 18 | 18 | | Art. 2C.001 [Sec. 273.021]. PROSECUTION BY ATTORNEY |
|---|
| 19 | 19 | | GENERAL AUTHORIZED. (a) The attorney general may prosecute: |
|---|
| 20 | 20 | | (1) an [a criminal] offense prescribed by the election |
|---|
| 21 | 21 | | laws of this state; or |
|---|
| 22 | 22 | | (2) an offense under: |
|---|
| 23 | 23 | | (A) Subchapter A, Chapter 557, Government Code; |
|---|
| 24 | 24 | | (B) Chapter 36 or 39, Penal Code; or |
|---|
| 25 | 25 | | (C) Section 42.02 or 42.03, Penal Code. |
|---|
| 26 | 26 | | (b) The attorney general may appear before a grand jury in |
|---|
| 27 | 27 | | connection with an offense the attorney general is authorized to |
|---|
| 28 | 28 | | prosecute under Subsection (a). |
|---|
| 29 | 29 | | (c) The authority to prosecute prescribed by this chapter |
|---|
| 30 | 30 | | [subchapter] does not affect the authority derived from other law |
|---|
| 31 | 31 | | to prosecute the same offenses. |
|---|
| 32 | 32 | | (d) This article does not affect the authority of the |
|---|
| 33 | 33 | | attorney general to prosecute another offense under other law. |
|---|
| 34 | 34 | | Art. 2C.002 [Sec. 273.022]. COOPERATION WITH LOCAL |
|---|
| 35 | 35 | | PROSECUTOR. The attorney general may direct the county or district |
|---|
| 36 | 36 | | attorney serving the county in which the offense is to be prosecuted |
|---|
| 37 | 37 | | to prosecute an offense that the attorney general is authorized to |
|---|
| 38 | 38 | | prosecute under Article 2C.001 [Section 273.021] or to assist the |
|---|
| 39 | 39 | | attorney general in the prosecution. |
|---|
| 40 | 40 | | Art. 2C.003 [Sec. 273.023]. SUBPOENA. (a) A subpoena or |
|---|
| 41 | 41 | | subpoena duces tecum issued in connection with a prosecution under |
|---|
| 42 | 42 | | this chapter [subchapter] is effective if served anywhere in this |
|---|
| 43 | 43 | | state. |
|---|
| 44 | 44 | | (b) A witness may not be punished for failure to comply with |
|---|
| 45 | 45 | | a subpoena issued under this chapter [subchapter] unless the proper |
|---|
| 46 | 46 | | fees are tendered to the witness as required by statute or court |
|---|
| 47 | 47 | | rule. |
|---|
| 48 | 48 | | (c) The attorney general may direct the Department of Public |
|---|
| 49 | 49 | | Safety to serve a subpoena under this chapter [subchapter]. |
|---|
| 50 | 50 | | Art. 2C.004 [Sec. 273.024]. VENUE FOR ELECTION LAW |
|---|
| 51 | 51 | | OFFENSES. An offense prescribed by the election laws of this state |
|---|
| 52 | 52 | | [under this subchapter] may be prosecuted in the county in which the |
|---|
| 53 | 53 | | offense was committed or an adjoining county. If the offense is |
|---|
| 54 | 54 | | committed in connection with a statewide election, the offense may |
|---|
| 55 | 55 | | be prosecuted in the county in which the offense was committed, an |
|---|
| 56 | 56 | | adjoining county, or Travis County. |
|---|
| 57 | 57 | | SECTION 3. Section 557.003(c), Government Code, is amended |
|---|
| 58 | 58 | | to read as follows: |
|---|
| 59 | 59 | | (c) The attorney general, a [A] district attorney, a |
|---|
| 60 | 60 | | criminal district attorney, or a county attorney may bring an |
|---|
| 61 | 61 | | action against an organization in a court of competent |
|---|
| 62 | 62 | | jurisdiction. If the court finds that the organization has |
|---|
| 63 | 63 | | violated Subsection (a), the court shall order: |
|---|
| 64 | 64 | | (1) the organization dissolved; |
|---|
| 65 | 65 | | (2) if the organization is incorporated in the state |
|---|
| 66 | 66 | | or has a permit to do business in the state, the organization's |
|---|
| 67 | 67 | | charter or permit revoked; |
|---|
| 68 | 68 | | (3) all funds, records, and property of the |
|---|
| 69 | 69 | | organization forfeited to the state; and |
|---|
| 70 | 70 | | (4) all books, records, and files of the organization |
|---|
| 71 | 71 | | turned over to the attorney general. |
|---|
| 72 | 72 | | SECTION 4. Section 557.004(a), Government Code, is amended |
|---|
| 73 | 73 | | to read as follows: |
|---|
| 74 | 74 | | (a) A district court may, on application by the attorney |
|---|
| 75 | 75 | | general, a district attorney, a criminal district attorney, or a |
|---|
| 76 | 76 | | county attorney, order injunctive or other equitable relief |
|---|
| 77 | 77 | | appropriate to enforce this subchapter. |
|---|
| 78 | 78 | | SECTION 5. Section 39.015, Penal Code, is repealed. |
|---|
| 79 | 79 | | SECTION 6. This Act takes effect immediately if it receives |
|---|
| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 83 | 83 | | Act takes effect September 1, 2021. |
|---|