BILL ANALYSIS Senate Research Center S.B. 1650 89R13472 AMF-D By: Flores Jurisprudence 3/25/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT This bill is related to the authority of the attorney general to prosecute certain criminal offenses against public order. The purpose of the bill is to amend Chapter 402 of the Government Code by adding a new subchapter that grants the attorney general jurisdiction to prosecute specific criminal offenses. These offenses are described under Sections 42.02 and 42.03 of the Penal Code, particularly if they occur on state-owned or leased property, or on highways or areas maintained by the state. SECTION 1: This section amends Chapter 402 of the Government Code by adding Subchapter D, which is titled "Prosecution of Certain Criminal Offenses Against Public Order." Section 402.101: This section specifies that this subchapter applies to criminal offenses under Section 42.02 of the Penal Code if they occur on state-owned or leased property, and under Section 42.03 if they occur on highways or areas maintained by the state. Section 402.102: This section requires that a law enforcement agency submitting a report to a local prosecuting attorney, which states there is probable cause to believe a person has committed a criminal offense described by Section 402.101, must also submit a copy of that report to the attorney general. Section 402.103: This section grants the attorney general jurisdiction to prosecute certain criminal offenses against public order. The attorney general may prosecute these offenses if a law enforcement agency submits a report to both the local prosecuting attorney and the attorney general, and if six months have elapsed without the local prosecuting attorney initiating proceedings. SECTION 2: This section states that the changes in law made by this Act apply only to offenses committed on or after the effective date of the Act. Offenses committed before this date are governed by the law in effect at the time of the offense. As proposed, S.B. 1650 amends current law relating to the authority of the attorney general to prosecute certain criminal offenses against public order. 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 CERTAIN CRIMINAL OFFENSES AGAINST PUBLIC ORDER Sec. 402.101. APPLICABILITY. Provides that this subchapter applies to a criminal offense under Section 42.02 (Riot), Penal Code, if the offense occurs on real property owned or leased by this state or Section 42.03 (Obstructing Highway or Other Passageway), Penal Code, if the offense occurs on a highway or other area described by Section 42.03(a)(1) (relating to providing that a person commits an offense if he intentionally, knowingly, or recklessly obstructs certain public passageways), Penal Code, owned or maintained by this state. 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 authorized to prosecute a criminal offense described by Section 402.101 if a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general and 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. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1650
89R13472 AMF-D By: Flores
Jurisprudence
3/25/2025
As Filed
Senate Research Center
S.B. 1650
89R13472 AMF-D
By: Flores
Jurisprudence
3/25/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
This bill is related to the authority of the attorney general to prosecute certain criminal offenses against public order. The purpose of the bill is to amend Chapter 402 of the Government Code by adding a new subchapter that grants the attorney general jurisdiction to prosecute specific criminal offenses. These offenses are described under Sections 42.02 and 42.03 of the Penal Code, particularly if they occur on state-owned or leased property, or on highways or areas maintained by the state.
SECTION 1: This section amends Chapter 402 of the Government Code by adding Subchapter D, which is titled "Prosecution of Certain Criminal Offenses Against Public Order."
Section 402.101: This section specifies that this subchapter applies to criminal offenses under Section 42.02 of the Penal Code if they occur on state-owned or leased property, and under Section 42.03 if they occur on highways or areas maintained by the state.
Section 402.102: This section requires that a law enforcement agency submitting a report to a local prosecuting attorney, which states there is probable cause to believe a person has committed a criminal offense described by Section 402.101, must also submit a copy of that report to the attorney general.
Section 402.103: This section grants the attorney general jurisdiction to prosecute certain criminal offenses against public order. The attorney general may prosecute these offenses if a law enforcement agency submits a report to both the local prosecuting attorney and the attorney general, and if six months have elapsed without the local prosecuting attorney initiating proceedings.
SECTION 2: This section states that the changes in law made by this Act apply only to offenses committed on or after the effective date of the Act. Offenses committed before this date are governed by the law in effect at the time of the offense.
As proposed, S.B. 1650 amends current law relating to the authority of the attorney general to prosecute certain criminal offenses against public order.
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 CERTAIN CRIMINAL OFFENSES AGAINST PUBLIC ORDER
Sec. 402.101. APPLICABILITY. Provides that this subchapter applies to a criminal offense under Section 42.02 (Riot), Penal Code, if the offense occurs on real property owned or leased by this state or Section 42.03 (Obstructing Highway or Other Passageway), Penal Code, if the offense occurs on a highway or other area described by Section 42.03(a)(1) (relating to providing that a person commits an offense if he intentionally, knowingly, or recklessly obstructs certain public passageways), Penal Code, owned or maintained by this state.
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 authorized to prosecute a criminal offense described by Section 402.101 if a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general and 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. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.