BILL ANALYSIS Senate Research Center S.B. 1026 89R11679 AMF-D By: Hughes State Affairs 3/10/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The Texas Court of Criminal Appeals found in the Stephens case that the "attorney general is not required by law to prosecute election law violations." The court held that Article IV, Section 22, of the Texas Constitution states that the attorney general shall perform other duties "as may be required by law." But the Election Code does not require the attorney general to initiate prosecution for an election code violation. Therefore, the Stephens case held that while the attorney general can prosecute with the permission of the local prosecutor, he cannot initiate prosecution unilaterally. S.B. 1026 would change this "may" to a "shall" and would give the attorney general the power to prosecute election crimes if no proceedings have begun on these crimes after six months have passed. Under this bill, local law enforcement that would normally submit reports of probable cause of these crimes to a local prosecuting attorney must also submit these reports to the attorney general. In addition, upon request of the attorney general, the local prosecuting attorney or law enforcement must also turn over all information regarding their criminal investigations on these offenses. As proposed, S.B. 1026 amends current law relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 402, Government Code, by adding Subchapter D, as follows: SUBCHAPTER D. PROSECUTION OF CRIMINAL OFFENSES PRESCRIBED BY STATE ELECTION LAWS Sec. 402.101. APPLICABILITY. Provides that this subchapter applies to a criminal offense under the Election Code. Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. (a) Requires a law enforcement agency that submits to a local prosecuting attorney a report stating there is probable cause to believe an identified person has committed a criminal offense described by Section 402.101 to simultaneously submit a copy of that report to the attorney general. (b) Requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide information regarding investigations of criminal offenses described by Section 402.101 to assist the attorney general in performing duties required under this subchapter. Sec. 402.103. PROSECUTION. Provides that, notwithstanding any other law, the attorney general has jurisdiction to prosecute and is required to prosecute a criminal offense described by Section 402.101 if: (1) a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general; and (2) six months have elapsed from the date the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense. SECTION 2. Amends Sections 273.021(a) and (b), Election Code, as follows: (a) Requires, rather than authorizes, the attorney general to prosecute a criminal offense prescribed by the election laws of this state as provided by Subchapter D, Chapter 402 (Attorney General), Government Code. (b) Authorizes the attorney general to appear before a grand jury in connection with a criminal offense the attorney general is required, rather than authorized, to prosecute under Subsection (a). Makes a nonsubstantive change. SECTION 3. Amends Section 273.022, Election Code, as follows: Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. Authorizes the attorney general to direct the county or district attorney serving the county in which the offense is to be prosecuted to prosecute a criminal offense that the attorney general is required, rather than authorized, to prosecute under Section 273.021 (Prosecution by Attorney General Authorized) or to assist the attorney general in the prosecution. Makes a nonsubstantive change. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1026
89R11679 AMF-D By: Hughes
State Affairs
3/10/2025
As Filed
Senate Research Center
S.B. 1026
89R11679 AMF-D
By: Hughes
State Affairs
3/10/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Court of Criminal Appeals found in the Stephens case that the "attorney general is not required by law to prosecute election law violations." The court held that Article IV, Section 22, of the Texas Constitution states that the attorney general shall perform other duties "as may be required by law." But the Election Code does not require the attorney general to initiate prosecution for an election code violation. Therefore, the Stephens case held that while the attorney general can prosecute with the permission of the local prosecutor, he cannot initiate prosecution unilaterally.
S.B. 1026 would change this "may" to a "shall" and would give the attorney general the power to prosecute election crimes if no proceedings have begun on these crimes after six months have passed.
Under this bill, local law enforcement that would normally submit reports of probable cause of these crimes to a local prosecuting attorney must also submit these reports to the attorney general. In addition, upon request of the attorney general, the local prosecuting attorney or law enforcement must also turn over all information regarding their criminal investigations on these offenses.
As proposed, S.B. 1026 amends current law relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 402, Government Code, by adding Subchapter D, as follows:
SUBCHAPTER D. PROSECUTION OF CRIMINAL OFFENSES PRESCRIBED BY STATE ELECTION LAWS
Sec. 402.101. APPLICABILITY. Provides that this subchapter applies to a criminal offense under the Election Code.
Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. (a) Requires a law enforcement agency that submits to a local prosecuting attorney a report stating there is probable cause to believe an identified person has committed a criminal offense described by Section 402.101 to simultaneously submit a copy of that report to the attorney general.
(b) Requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide information regarding investigations of criminal offenses described by Section 402.101 to assist the attorney general in performing duties required under this subchapter.
Sec. 402.103. PROSECUTION. Provides that, notwithstanding any other law, the attorney general has jurisdiction to prosecute and is required to prosecute a criminal offense described by Section 402.101 if:
(1) a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general; and
(2) six months have elapsed from the date the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense.
SECTION 2. Amends Sections 273.021(a) and (b), Election Code, as follows:
(a) Requires, rather than authorizes, the attorney general to prosecute a criminal offense prescribed by the election laws of this state as provided by Subchapter D, Chapter 402 (Attorney General), Government Code.
(b) Authorizes the attorney general to appear before a grand jury in connection with a criminal offense the attorney general is required, rather than authorized, to prosecute under Subsection (a). Makes a nonsubstantive change.
SECTION 3. Amends Section 273.022, Election Code, as follows:
Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. Authorizes the attorney general to direct the county or district attorney serving the county in which the offense is to be prosecuted to prosecute a criminal offense that the attorney general is required, rather than authorized, to prosecute under Section 273.021 (Prosecution by Attorney General Authorized) or to assist the attorney general in the prosecution. Makes a nonsubstantive change.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Effective date: September 1, 2025.