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