| 1 | 1 | | 89R4600 LRM/JCG-D |
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| 2 | 2 | | By: Hopper H.B. No. 4705 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the prosecution of certain election offenses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 2A.105, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (d) to read as follows: |
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| 13 | 13 | | (d) A judge of a court in which a district or county attorney |
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| 14 | 14 | | represents the state shall declare the attorney disqualified for |
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| 15 | 15 | | purposes of Article 2A.104 with respect to a criminal case or |
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| 16 | 16 | | proceeding involving the election laws of this state, on a showing |
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| 17 | 17 | | that the attorney has adopted a policy or practice, or is following |
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| 18 | 18 | | or enforcing a policy or practice, under which the attorney |
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| 19 | 19 | | consistently refuses or declines to prosecute a violation of the |
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| 20 | 20 | | election laws of this state. |
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| 21 | 21 | | SECTION 2. Section 273.021, Election Code, is amended by |
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| 22 | 22 | | adding Subsection (d) to read as follows: |
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| 23 | 23 | | (d) In accordance with an appointment made under Article |
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| 24 | 24 | | 2A.104(b), the attorney general may prosecute a criminal offense |
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| 25 | 25 | | prescribed by the election laws of this state on the |
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| 26 | 26 | | disqualification of a district or county attorney under Article |
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| 27 | 27 | | 2A.105(d), Code of Criminal Procedure. |
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| 28 | 28 | | SECTION 3. The changes in law made by this Act apply only to |
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| 29 | 29 | | the prosecution of an offense committed on or after the effective |
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| 30 | 30 | | date of this Act. The prosecution of an offense committed before |
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| 31 | 31 | | the effective date of this Act is governed by the law in effect on |
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| 32 | 32 | | the date the offense was committed, and the former law is continued |
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| 33 | 33 | | in effect for that purpose. For purposes of this section, an |
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| 34 | 34 | | offense was committed before the effective date of this Act if any |
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| 35 | 35 | | element of the offense occurred before that date. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2025. |
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