Texas 2025 - 89th Regular

Texas Senate Bill SB2743

Filed
3/13/25  
Out of Senate Committee
4/15/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution of certain election offenses.

Impact

If passed, SB2743 will have significant implications on state laws relating to election integrity and the accountability of prosecutorial authorities. It establishes a clearer process for disqualifying attorneys who refuse to prosecute violations of election laws. This could enhance the ability of the Texas Attorney General's office to step in and handle these cases, which may help to ensure that violations are adequately prosecuted and that election laws are more vigorously enforced.

Summary

Senate Bill 2743 aims to amend the Code of Criminal Procedure regarding the prosecution of certain election offenses in Texas. The bill introduces modifications that allow for the disqualification of district or county attorneys from prosecuting election law violations if they are found to have policies preventing them from doing so. This change provides a mechanism for citizens to petition for the removal of an attorney in such cases, thereby empowering the community to ensure accountability in the prosecution of election-related crimes.

Sentiment

The general sentiment surrounding SB2743 appears to be divided. Supporters argue that it promotes accountability and enforces stricter adherence to election laws, which is critical for maintaining public trust in electoral processes. Conversely, opponents raise concerns that the bill could lead to politicization of prosecutions, as disqualifications may be sought for non-political reasons, potentially undermining the independence of local prosecutors and leading to overreach by the state.

Contention

A notable point of contention among legislators and citizens involves the balance between ensuring fair election practices and preserving local prosecutorial autonomy. Critics argue that the bill may create pathways for misuse, allowing individuals to challenge attorney decisions for reasons unrelated to actual legal failures. Proponents counter that without such measures, election laws may remain unenforced in jurisdictions where local attorneys adopt lax enforcement policies.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Election Code

  • Chapter 2. Vote Required For Election To Office
    • Section: New Section

Companion Bills

TX HB4705

Similar Relating to the prosecution of certain election offenses.

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