88R9164 LRM-D
By: Bettencourt S.B. No. 1908
A BILL TO BE ENTITLED
AN ACT
relating to the concurrent jurisdiction of prosecuting attorneys in
adjoining districts or counties to prosecute criminal offenses
involving the election laws in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 273, Election Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. CONCURRENT JURISDICTION OF PROSECUTING ATTORNEY IN
ADJOINING DISTRICT OR COUNTY
Sec. 273.101. DEFINITION. In this subchapter, "prosecuting
attorney" means a district attorney, criminal district attorney, or
county attorney with criminal jurisdiction.
Sec. 273.102. CONCURRENT JURISDICTION. (a)
Notwithstanding any other law, a prosecuting attorney with the
authority to prosecute a felony or misdemeanor involving the
election laws of this state in the prosecuting attorney's county or
district has, in an adjoining county or district, as applicable,
concurrent jurisdiction with the prosecuting attorney of the
adjoining county or district who prosecutes that class of offense
to prosecute an offense of that class involving the election laws of
this state.
(b) If not more than three prosecuting attorneys have
jurisdiction to prosecute an offense under Subsection (a), a
prosecuting attorney in a county or district, as applicable,
adjacent to a county or district that is adjacent to the county or
district in which the offense was committed has concurrent
jurisdiction with the prosecuting attorney in the county or
district in which the offense was committed who prosecutes that
class of offense to prosecute an offense of that class involving the
election laws of this state.
Sec. 273.103. PROSECUTION FOR SAME OFFENSE OR OFFENSE
ARISING FROM SAME CRIMINAL EPISODE PROHIBITED. After a prosecuting
attorney commences a criminal action involving the election laws of
this state, another prosecuting attorney with jurisdiction over the
matter, including concurrent jurisdiction described by Section
273.102, may assist in prosecuting the action but may not commence a
criminal action for the same offense or another offense arising
from the same criminal episode, as defined by Section 3.01, Penal
Code.
SECTION 2. This Act takes effect September 1, 2023.