By: DeAyala H.B. No. 910
A BILL TO BE ENTITLED
AN ACT
relating to the venue for the prosecution of an election offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.41 to read as follows:
Art. 13.41. ELECTION OFFENSES. (a) An offense classified
as a felony under the Election Code, or a felony offense otherwise
related to an election conducted in this state, may be prosecuted in
a judicial district adjoining the judicial district in which the
offense occurred.
(b) An offense classified as a misdemeanor under the
Election Code, or a misdemeanor offense otherwise related to an
election conducted in this state, may be prosecuted in a county
adjoining the county in which the offense occurred.
(c) A county has exclusive jurisdiction over offenses
within its jurisdiction until 90 days after the Governor's
certification of election under Section 67.016, Election Code for
the election during which the offense occurred.
(d) If an offense did not occur during an election, the
county where an offense took place has exclusive jurisdiction over
offenses within its jurisdiction for 90 days after the offense is
discovered.
(e) If a prosecution under this section would be foreclosed
under Section 12.02, Code of Criminal Procedure, a prosecution may
be brought earlier than provided in subsections (c) and (d).
SECTION 2. The changes in law made by this Act apply only to
a violation of law that occurs on or after the effective date of
this Act. A violation that occurs before the effective date of this
Act is governed by the law in effect on the date the violation
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, a violation of law occurred
before the effective date of this Act if any element of the
violation occurred before that date.
SECTION 3. This Act takes effect September 1, 2025.