87R7943 JRR-F
By: Schofield H.B. No. 2916
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain laws by the attorney
general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Rule of Law
Enforcement Act.
SECTION 2. Subchapter B, Chapter 273, Election Code, is
transferred to Title 1, Code of Criminal Procedure, redesignated as
Chapter 2C, Code of Criminal Procedure, and amended to read as
follows:
CHAPTER 2C [SUBCHAPTER B]. PROSECUTION OF CERTAIN OFFENSES BY
ATTORNEY GENERAL
Art. 2C.001 [Sec. 273.021]. PROSECUTION BY ATTORNEY
GENERAL AUTHORIZED. (a) The attorney general may prosecute:
(1) an [a criminal] offense prescribed by the election
laws of this state; or
(2) an offense under:
(A) Subchapter A, Chapter 557, Government Code;
(B) Chapter 36 or 39, Penal Code; or
(C) Section 42.02 or 42.03, Penal Code.
(b) The attorney general may appear before a grand jury in
connection with an offense the attorney general is authorized to
prosecute under Subsection (a).
(c) The authority to prosecute prescribed by this chapter
[subchapter] does not affect the authority derived from other law
to prosecute the same offenses.
(d) This article does not affect the authority of the
attorney general to prosecute another offense under other law.
Art. 2C.002 [Sec. 273.022]. COOPERATION WITH LOCAL
PROSECUTOR. The attorney general may direct the county or district
attorney serving the county in which the offense is to be prosecuted
to prosecute an offense that the attorney general is authorized to
prosecute under Article 2C.001 [Section 273.021] or to assist the
attorney general in the prosecution.
Art. 2C.003 [Sec. 273.023]. SUBPOENA. (a) A subpoena or
subpoena duces tecum issued in connection with a prosecution under
this chapter [subchapter] is effective if served anywhere in this
state.
(b) A witness may not be punished for failure to comply with
a subpoena issued under this chapter [subchapter] unless the proper
fees are tendered to the witness as required by statute or court
rule.
(c) The attorney general may direct the Department of Public
Safety to serve a subpoena under this chapter [subchapter].
Art. 2C.004 [Sec. 273.024]. VENUE FOR ELECTION LAW
OFFENSES. An offense prescribed by the election laws of this state
[under this subchapter] may be prosecuted in the county in which the
offense was committed or an adjoining county. If the offense is
committed in connection with a statewide election, the offense may
be prosecuted in the county in which the offense was committed, an
adjoining county, or Travis County.
SECTION 3. Section 557.003(c), Government Code, is amended
to read as follows:
(c) The attorney general, a [A] district attorney, a
criminal district attorney, or a county attorney may bring an
action against an organization in a court of competent
jurisdiction. If the court finds that the organization has
violated Subsection (a), the court shall order:
(1) the organization dissolved;
(2) if the organization is incorporated in the state
or has a permit to do business in the state, the organization's
charter or permit revoked;
(3) all funds, records, and property of the
organization forfeited to the state; and
(4) all books, records, and files of the organization
turned over to the attorney general.
SECTION 4. Section 557.004(a), Government Code, is amended
to read as follows:
(a) A district court may, on application by the attorney
general, a district attorney, a criminal district attorney, or a
county attorney, order injunctive or other equitable relief
appropriate to enforce this subchapter.
SECTION 5. Section 39.015, Penal Code, is repealed.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.