Texas House Bill HJR36

Texas 2025 - 89th 2nd C.S.

• Filed: 8/21/25

Caption

Proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state.

Impact

If enacted, this constitutional amendment is likely to have significant implications for the enforcement of election laws in Texas. By explicitly granting the attorney general the authority to act in prosecutorial roles concerning elections, the state can ensure a more unified approach to upholding election laws. Supporters of the bill argue that this could enhance election integrity by providing a clear framework for addressing crimes, thereby deterring potential violations of election laws. However, it may also lead to concerns regarding the centralization of prosecutorial power within the attorney general's office.

Summary

HJR36 is a joint resolution proposing a constitutional amendment that specifies the authority of the attorney general of Texas to prosecute criminal offenses related to the state's election laws. This amendment aims to define and clarify the prosecutorial powers of the attorney general in relation to elections, establishing concurrent jurisdiction with county and district attorneys on these matters. This means that the attorney general will have the same authority as local prosecutors to prosecute such offenses, potentially streamlining legal processes concerning election law violations.

Contention

Despite its intentions to strengthen election law enforcement, HJR36 may face criticism regarding the potential for overreach by the attorney general. Opponents may view the amendment as an attempt to centralize authority that could undermine local control and accountability, raising concerns about politicization in election-related prosecutions. These discussions are likely to center around the balance of power between state and local authorities in managing election integrity, reflecting broader debates on governance and legal powers.