Texas House Bill HB98

Texas 2025 - 89th 1st C.S.

• Filed: 7/15/25

Caption

Relating to the prosecution of certain election offenses.

Impact

This legislation will assign the responsibility of prosecuting election-related offenses to the Attorney General in instances where local attorneys are disqualified under the new provisions. This means that, for offenses committed after the law takes effect, the Attorney General will step in to handle prosecutions, aiming to uphold the integrity of the electoral process and ensuring that violations are addressed more uniformly. The bill is set to take effect on September 1, 2025, and will only apply to offenses committed from that date forward.

Summary

House Bill 98 aims to amend the Code of Criminal Procedure and the Election Code to adjust the prosecution of certain election offenses in Texas. The bill introduces a provision that would disqualify a district or county attorney from prosecuting election law violations if they have a policy or practice of failing to prosecute such offenses. This is seen as a measure to ensure that election laws are enforced consistently across the state, preventing local attorneys from selectively enforcing election statutes based on their discretion or policies.

Contention

Notably, the bill has faced scrutiny concerning the implications of shifting prosecution powers from local district attorneys to the state level. Critics argue that this could undermine local accountability and diminish the ability of communities to manage their election-related issues, potentially leading to increased centralization of law enforcement. Supporters contend that such centralization is necessary to ensure that all election laws are enforced, regardless of local political climates or attorney policies.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: New Section

Election Code

• Chapter 273. Criminal Investigation And Other Enforcement Proceedings
  • Section: 021