| 1 | 1 | | 89R11679 AMF-D |
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| 2 | 2 | | By: Shaheen H.B. No. 5138 |
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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 duty of the attorney general to prosecute criminal |
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| 10 | 10 | | offenses prescribed by the election laws of this state. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 402, Government Code, is amended by |
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| 13 | 13 | | adding Subchapter D to read as follows: |
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| 14 | 14 | | SUBCHAPTER D. PROSECUTION OF CRIMINAL OFFENSES PRESCRIBED BY STATE |
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| 15 | 15 | | ELECTION LAWS |
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| 16 | 16 | | Sec. 402.101. APPLICABILITY. This subchapter applies to a |
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| 17 | 17 | | criminal offense under the Election Code. |
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| 18 | 18 | | Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. |
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| 19 | 19 | | (a) A law enforcement agency that submits to a local prosecuting |
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| 20 | 20 | | attorney a report stating there is probable cause to believe an |
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| 21 | 21 | | identified person has committed a criminal offense described by |
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| 22 | 22 | | Section 402.101 shall simultaneously submit a copy of that report |
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| 23 | 23 | | to the attorney general. |
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| 24 | 24 | | (b) On request of the attorney general, a local prosecuting |
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| 25 | 25 | | attorney or law enforcement agency shall provide information |
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| 26 | 26 | | regarding investigations of criminal offenses described by Section |
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| 27 | 27 | | 402.101 to assist the attorney general in performing duties |
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| 28 | 28 | | required under this subchapter. |
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| 29 | 29 | | Sec. 402.103. PROSECUTION. Notwithstanding any other law, |
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| 30 | 30 | | the attorney general has jurisdiction to prosecute and shall |
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| 31 | 31 | | prosecute a criminal offense described by Section 402.101 if: |
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| 32 | 32 | | (1) a law enforcement agency submits a report |
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| 33 | 33 | | described by Section 402.102(a) to the local prosecuting attorney |
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| 34 | 34 | | and the attorney general; and |
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| 35 | 35 | | (2) six months have elapsed from the date the report |
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| 36 | 36 | | was submitted and the local prosecuting attorney has not initiated |
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| 37 | 37 | | proceedings to prosecute the offense. |
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| 38 | 38 | | SECTION 2. Sections 273.021(a) and (b), Election Code, are |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (a) The attorney general shall [may] prosecute a criminal |
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| 41 | 41 | | offense prescribed by the election laws of this state as provided by |
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| 42 | 42 | | Subchapter D, Chapter 402, Government Code. |
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| 43 | 43 | | (b) The attorney general may appear before a grand jury in |
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| 44 | 44 | | connection with a criminal [an] offense the attorney general is |
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| 45 | 45 | | required [authorized] to prosecute under Subsection (a). |
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| 46 | 46 | | SECTION 3. Section 273.022, Election Code, is amended to |
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| 47 | 47 | | read as follows: |
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| 48 | 48 | | Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The |
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| 49 | 49 | | attorney general may direct the county or district attorney serving |
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| 50 | 50 | | the county in which the offense is to be prosecuted to prosecute a |
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| 51 | 51 | | criminal [an] offense that the attorney general is required |
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| 52 | 52 | | [authorized] to prosecute under Section 273.021 or to assist the |
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| 53 | 53 | | attorney general in the prosecution. |
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| 54 | 54 | | SECTION 4. The changes in law made by this Act apply only to |
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| 55 | 55 | | an offense committed on or after the effective date of this Act. An |
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| 56 | 56 | | offense committed before the effective date of this Act is governed |
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| 57 | 57 | | by the law in effect on the date the offense was committed, and the |
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| 58 | 58 | | former law is continued in effect for that purpose. For purposes of |
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| 59 | 59 | | this section, an offense was committed before the effective date of |
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| 60 | 60 | | this Act if any element of the offense occurred before that date. |
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| 61 | 61 | | SECTION 5. This Act takes effect September 1, 2025. |
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