Texas House Bill HB85

Texas 2025 - 89th 1st C.S.

• Filed: 7/14/25

Caption

Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

Impact

The bill is expected to have a significant impact on the enforcement of election laws statewide. By streamlining the prosecution process through the attorney general's office, HB85 aims to reduce the potential for inaction by local prosecutors, thereby reinforcing the rule of law regarding electoral conduct. This could lead to more consistent enforcement and a reduction in election-related crimes. The implications of faster prosecutions can also serve as a deterrent against election fraud and misconduct.

Summary

House Bill 85 seeks to amend existing Texas law by establishing clearer directives regarding the responsibility of the attorney general to prosecute criminal offenses related to election laws. It aims to ensure that election-related crimes are effectively addressed by granting the attorney general automatic jurisdiction to prosecute if local prosecuting attorneys do not take action within a specified timeframe. This law emphasizes the accountability of local authorities in reporting and acting on election-related offenses, thereby enhancing the integrity of the electoral process in Texas.

Contention

Debate surrounding HB85 centers on the balance of power between state and local jurisdictions. Proponents argue that the bill will streamline and enhance the prosecution of election-related crimes, thus protecting the electoral process. However, critics express concern that it could undermine the autonomy of local prosecutors, leading to potential overreach by the attorney general's office. Some lawmakers worry that this centralization of prosecutorial power may create disparities in how election laws are enforced across different jurisdictions.

Texas Constitutional Statutes Affected

Government Code

• Chapter 402. Attorney General
  • Section: New Section

Election Code

• Chapter 1. General Provisions
  • Section: New Section