Texas 2025 - 89th Regular

Texas Senate Bill SB1026 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, Creighton, Kolkhorst S.B. No. 1026
2		-	(In the Senate - Filed January 30, 2025; February 24, 2025,
3		-	read first time and referred to Committee on State Affairs;
4		-	March 24, 2025, reported favorably by the following vote: Yeas 9,
5		-	Nays 0; March 24, 2025, sent to printer.)
6		-	Click here to see the committee vote
	1	+	89R11679 AMF-D
	2	+	By: Hughes S.B. No. 1026
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	4	+
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9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the duty of the attorney general to prosecute criminal
12	10		offenses prescribed by the election laws of this state.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Chapter 402, Government Code, is amended by
15	13		adding Subchapter D to read as follows:
16	14		SUBCHAPTER D. PROSECUTION OF CRIMINAL OFFENSES PRESCRIBED BY STATE
17	15		ELECTION LAWS
18	16		Sec. 402.101. APPLICABILITY. This subchapter applies to a
19	17		criminal offense under the Election Code.
20	18		Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL.
21	19		(a) A law enforcement agency that submits to a local prosecuting
22	20		attorney a report stating there is probable cause to believe an
23	21		identified person has committed a criminal offense described by
24	22		Section 402.101 shall simultaneously submit a copy of that report
25	23		to the attorney general.
26	24		(b) On request of the attorney general, a local prosecuting
27	25		attorney or law enforcement agency shall provide information
28	26		regarding investigations of criminal offenses described by Section
29	27		402.101 to assist the attorney general in performing duties
30	28		required under this subchapter.
31	29		Sec. 402.103. PROSECUTION. Notwithstanding any other law,
32	30		the attorney general has jurisdiction to prosecute and shall
33	31		prosecute a criminal offense described by Section 402.101 if:
34	32		(1) a law enforcement agency submits a report
35	33		described by Section 402.102(a) to the local prosecuting attorney
36	34		and the attorney general; and
37	35		(2) six months have elapsed from the date the report
38	36		was submitted and the local prosecuting attorney has not initiated
39	37		proceedings to prosecute the offense.
40	38		SECTION 2. Sections 273.021(a) and (b), Election Code, are
41	39		amended to read as follows:
42	40		(a) The attorney general shall [may] prosecute a criminal
43	41		offense prescribed by the election laws of this state as provided by
44	42		Subchapter D, Chapter 402, Government Code.
45	43		(b) The attorney general may appear before a grand jury in
46	44		connection with a criminal [an] offense the attorney general is
47	45		required [authorized] to prosecute under Subsection (a).
48	46		SECTION 3. Section 273.022, Election Code, is amended to
49	47		read as follows:
50	48		Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The
51	49		attorney general may direct the county or district attorney serving
52	50		the county in which the offense is to be prosecuted to prosecute a
53	51		criminal [an] offense that the attorney general is required
54	52		[authorized] to prosecute under Section 273.021 or to assist the
55	53		attorney general in the prosecution.
56	54		SECTION 4. The changes in law made by this Act apply only to
57	55		an offense committed on or after the effective date of this Act. An
58	56		offense committed before the effective date of this Act is governed
59	57		by the law in effect on the date the offense was committed, and the
60	58		former law is continued in effect for that purpose. For purposes of
61	59		this section, an offense was committed before the effective date of
62	60		this Act if any element of the offense occurred before that date.
63	61		SECTION 5. This Act takes effect September 1, 2025.
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