Texas House Bill HB4705

Texas 2025 - 89th Regular

• Filed: 3/12/25

Caption

Relating to the prosecution of certain election offenses.

Impact

The implications of HB 4705 are significant for local law enforcement and prosecutorial discretion in Texas. By enabling the attorney general to take over prosecution of election law violations, the bill centralizes power in the state government regarding election enforcement. This could potentially lead to increased oversight of local election practices and ensure that election laws are uniformly enforced across the state. Critics may argue that this undermines local prosecutorial authority and could lead to politically motivated prosecutions by the state.

Summary

House Bill 4705 aims to amend the Texas Code of Criminal Procedure and Election Code to address the prosecution of certain election offenses. The bill stipulates that a judge must declare a district or county attorney disqualified from handling cases involving election laws if they have established a practice of consistently refusing to prosecute violations of these laws. This measure seeks to ensure that violations of election laws are addressed effectively by allowing the attorney general to step in to prosecute these cases when local authorities decline action.

Contention

Though HB 4705 seeks to uphold the integrity of the electoral process by preventing inaction on election offenses, the bill is likely to face contention regarding its implications for local governance and authority. Concerns may arise over the balance of power between local district attorneys and the state, particularly with respect to the autonomy of elected officials who may disagree with state policies. Additionally, there is potential for debate around the implementation of this bill, particularly regarding the criteria that would disqualify an attorney from prosecuting election offenses.

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