By: Hagenbuch S.B. No. 2743
(In the Senate - Filed March 13, 2025; April 3, 2025, read
first time and referred to Committee on State Affairs;
April 15, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; April 15, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2743 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain election offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2A.104, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), if [If] an
attorney representing the state is disqualified to act in any case
or proceeding, is absent from the county or district, or is
otherwise unable to perform the duties of the attorney's office, or
if there is no attorney representing the state, the judge of the
court in which the attorney represents the state may appoint to
perform the duties of the attorney's office during the attorney's
absence or disqualification:
(1) an attorney representing the state from any county
or district; or
(2) an assistant attorney general.
(b-1) If an attorney representing the state is disqualified
to act under Article 2A.105(d) or 2A.1051, the judge of the court in
which the attorney represents the state shall appoint an assistant
attorney general to perform the duties of the attorney's office
during the attorney's disqualification. The duties of the
assistant attorney general appointed under this subsection are
additional duties of the office of the attorney general, and the
office of the attorney general is not entitled to additional
compensation for performing those duties.
SECTION 2. Article 2A.105, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) A judge of a court in which a district or county attorney
represents the state shall declare the attorney disqualified for
purposes of Article 2A.104(b-1) 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 3. Subchapter C, Chapter 2A, Code of Criminal
Procedure, is amended by adding Article 2A.1051 to read as follows:
Art. 2A.1051. PETITION TO DISQUALIFY IN CERTAIN CASES. (a)
A person who has resided in the same county of this state for at
least six months may file, in any district or county court for that
county, a petition seeking the disqualification of a district or
county attorney who serves that county or an adjacent county if:
(1) the district or county attorney filed a criminal
case or proceeding involving the election laws of this state in a
court for the county in which the person resides or for a county
adjacent to the county in which the person resides; and
(2) the person has reason to believe the district or
county 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.
(b) The judge of the court in which a petition is filed under
Subsection (a) shall declare the attorney against whom the petition
is filed disqualified for purposes of Article 2A.104(b-1) on the
petitioner showing that the attorney has adopted or is following or
enforcing a policy or practice described by Subsection (a)(2). If
the judge disqualifies an attorney under this subsection, the judge
shall send notice to the judge of the court in which the case
described by Subsection (a)(1) is pending that the attorney is
disqualified and an appointment under Article 2A.104(b-1) is
required.
(c) Before a charging instrument in a criminal case is
filed, with respect to a violation of the election laws of this
state that a person has reason to believe occurred in the county in
which the person resides, a person described by Subsection (a) may
file a petition seeking to refer the investigation and prosecution
of the violation to the office of the attorney general with a court
described by that subsection in the same manner as if the violation
had been filed as a case or proceeding described by Subsection
(a)(1). A judge of a court in which a petition is filed under this
subsection shall refer the case to the office of the attorney
general if the petitioner makes the showing required by Subsection
(b) with respect to the district or county attorney serving the
petitioner's county of residence.
SECTION 4. Section 273.021, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) In accordance with an appointment made under Article
2A.104(b-1), Code of Criminal Procedure, the attorney general may
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) or 2A.1051, Code of Criminal Procedure, or
on the referral of the case under Article 2A.1051(c), Code of
Criminal Procedure.
SECTION 5. The changes in law made by this Act apply only to
the prosecution of an offense committed on or after the effective
date of this Act. The prosecution of an offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2025.
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