BILL ANALYSIS Senate Research Center S.B. 2743 89R19451 TYPED By: Hagenbuch State Affairs 4/8/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 2743 addresses the growing concern that certain district or county attorneys are declining to enforce Texas election laws, potentially allowing election-related crimes to go unprosecuted. This bill aims to close a perceived enforcement gap by enabling the attorney general to step in and prosecute election offenses when local prosecutors adopt a policy or practice of non-prosecution. Current Law Under existing law, the authority to prosecute criminal election law violations primarily rests with local district and county attorneys. While the attorney general may be involved in election law enforcement in certain civil contexts or under limited statutory circumstances, criminal prosecution remains largely decentralized. This structure can lead to uneven enforcement across jurisdictions, particularly when a local prosecutor refuses to pursue election-related cases. Problem Addressed Some local prosecutors have publicly stated or demonstrated through inaction that they will not pursue certain types of election law violations. This bill seeks to ensure consistent statewide enforcement by creating a process through which residents can petition for the disqualification of a local prosecutor who has adopted such a non-prosecution policy or practice. Upon a court's finding of disqualification, the attorney general would be empowered to prosecute the case. How the Bill Changes the Law S.B. 2743 amends Article 2A.105 of the Texas Code of Criminal Procedure to allow a judgeupon petition from a resident and proper evidentiary showingto disqualify a district or county attorney who refuses to prosecute election law violations. It further amends Section 273.021 of the Election Code to permit the attorney general to assume prosecutorial responsibility in such cases, following disqualification under the amended provision. This approach maintains local prosecutorial independence while providing a legal mechanism to override inaction in the interest of statewide election law enforcement. Importantly, this disqualification process can only be initiated by residents who have lived in the applicable or adjacent county for at least six months, ensuring that the petitioner has a relevant stake in the local administration of justice. Summary S.B. 2743 establishes a legal safeguard to address non-enforcement of election laws by allowing limited intervention by the attorney general. It seeks to balance the need for consistent statewide enforcement with the protection of local prosecutorial autonomy through a structured judicial review process. As proposed, S.B. 2743 amends current law relating to the prosecution of certain election offenses. 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 Article 2A.105, Code of Criminal Procedure, by adding Subsection (d), as follows: (d) Requires a judge of a court in which a district or county attorney represents the state, or a judge of a court in an adjacent county, upon petition for removal by any resident of this state who, at the time of the alleged cause of disqualification, lives and has lived for at least six months in the county or adjacent county, to declare the attorney disqualified and appoint the attorney general to represent the state in accordance with Article 2A.104(b)(2) (relating to authorizing the judge of the court in which the attorney represents the state to appoint to perform the duties of the attorney's office during the attorney's absence or disqualification) with respect to a criminal case or proceeding involving the election laws of this state, on a showing that the attorney has adopted a policy or practice, or is following or enforcing a policy or practice, under which the attorney consistently refuses or declines to prosecute a violation of the election laws of this state. SECTION 2. Amends Section 273.021, Election Code, by adding Subsection (d), as follows: (d) Authorizes the attorney general, in accordance with an appointment made under Article 2A.104(b)(2), to prosecute a criminal offense prescribed by the election laws of this state on the disqualification of a district or county attorney under Article 2A.105(d), Code of Criminal Procedure. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2743
89R19451 TYPED By: Hagenbuch
State Affairs
4/8/2025
As Filed
Senate Research Center
S.B. 2743
89R19451 TYPED
By: Hagenbuch
State Affairs
4/8/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 2743 addresses the growing concern that certain district or county attorneys are declining to enforce Texas election laws, potentially allowing election-related crimes to go unprosecuted. This bill aims to close a perceived enforcement gap by enabling the attorney general to step in and prosecute election offenses when local prosecutors adopt a policy or practice of non-prosecution.
Current Law
Under existing law, the authority to prosecute criminal election law violations primarily rests with local district and county attorneys. While the attorney general may be involved in election law enforcement in certain civil contexts or under limited statutory circumstances, criminal prosecution remains largely decentralized. This structure can lead to uneven enforcement across jurisdictions, particularly when a local prosecutor refuses to pursue election-related cases.
Problem Addressed
Some local prosecutors have publicly stated or demonstrated through inaction that they will not pursue certain types of election law violations. This bill seeks to ensure consistent statewide enforcement by creating a process through which residents can petition for the disqualification of a local prosecutor who has adopted such a non-prosecution policy or practice. Upon a court's finding of disqualification, the attorney general would be empowered to prosecute the case.
How the Bill Changes the Law
S.B. 2743 amends Article 2A.105 of the Texas Code of Criminal Procedure to allow a judgeupon petition from a resident and proper evidentiary showingto disqualify a district or county attorney who refuses to prosecute election law violations. It further amends Section 273.021 of the Election Code to permit the attorney general to assume prosecutorial responsibility in such cases, following disqualification under the amended provision.
This approach maintains local prosecutorial independence while providing a legal mechanism to override inaction in the interest of statewide election law enforcement. Importantly, this disqualification process can only be initiated by residents who have lived in the applicable or adjacent county for at least six months, ensuring that the petitioner has a relevant stake in the local administration of justice.
Summary
S.B. 2743 establishes a legal safeguard to address non-enforcement of election laws by allowing limited intervention by the attorney general. It seeks to balance the need for consistent statewide enforcement with the protection of local prosecutorial autonomy through a structured judicial review process.
As proposed, S.B. 2743 amends current law relating to the prosecution of certain election offenses.
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 Article 2A.105, Code of Criminal Procedure, by adding Subsection (d), as follows:
(d) Requires a judge of a court in which a district or county attorney represents the state, or a judge of a court in an adjacent county, upon petition for removal by any resident of this state who, at the time of the alleged cause of disqualification, lives and has lived for at least six months in the county or adjacent county, to declare the attorney disqualified and appoint the attorney general to represent the state in accordance with Article 2A.104(b)(2) (relating to authorizing the judge of the court in which the attorney represents the state to appoint to perform the duties of the attorney's office during the attorney's absence or disqualification) with respect to a criminal case or proceeding involving the election laws of this state, on a showing that the attorney has adopted a policy or practice, or is following or enforcing a policy or practice, under which the attorney consistently refuses or declines to prosecute a violation of the election laws of this state.
SECTION 2. Amends Section 273.021, Election Code, by adding Subsection (d), as follows:
(d) Authorizes the attorney general, in accordance with an appointment made under Article 2A.104(b)(2), to prosecute a criminal offense prescribed by the election laws of this state on the disqualification of a district or county attorney under Article 2A.105(d), Code of Criminal Procedure.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2025.