Texas 2025 - 89th Regular

Texas Senate Bill SB2743 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hagenbuch, Creighton S.B. No. 2743
2		-	Hinojosa of Nueces
	1	+	By: Hagenbuch S.B. No. 2743
	2	+	(In the Senate - Filed March 13, 2025; April 3, 2025, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 15, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 1; April 15, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2743 By: Hughes
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7	13		A BILL TO BE ENTITLED
8	14		AN ACT
9	15		relating to the prosecution of certain election offenses.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		SECTION 1. Article 2A.104, Code of Criminal Procedure, is
12	18		amended by amending Subsection (b) and adding Subsection (b-1) to
13	19		read as follows:
14	20		(b) Except as provided by Subsection (b-1), if [If] an
15	21		attorney representing the state is disqualified to act in any case
16	22		or proceeding, is absent from the county or district, or is
17	23		otherwise unable to perform the duties of the attorney's office, or
18	24		if there is no attorney representing the state, the judge of the
19	25		court in which the attorney represents the state may appoint to
20	26		perform the duties of the attorney's office during the attorney's
21	27		absence or disqualification:
22	28		(1) an attorney representing the state from any county
23	29		or district; or
24	30		(2) an assistant attorney general.
25	31		(b-1) If an attorney representing the state is disqualified
26	32		to act under Article 2A.105(d) or 2A.1051, the judge of the court in
27	33		which the attorney represents the state shall appoint an assistant
28	34		attorney general to perform the duties of the attorney's office
29	35		during the attorney's disqualification. The duties of the
30	36		assistant attorney general appointed under this subsection are
31	37		additional duties of the office of the attorney general, and the
32	38		office of the attorney general is not entitled to additional
33	39		compensation for performing those duties.
34	40		SECTION 2. Article 2A.105, Code of Criminal Procedure, is
35	41		amended by adding Subsection (d) to read as follows:
36	42		(d) A judge of a court in which a district or county attorney
37	43		represents the state shall declare the attorney disqualified for
38	44		purposes of Article 2A.104(b-1) with respect to a criminal case or
39	45		proceeding involving the election laws of this state, on a showing
40	46		that the attorney has adopted a policy or practice, or is following
41	47		or enforcing a policy or practice, under which the attorney
42	48		consistently refuses or declines to prosecute a violation of the
43	49		election laws of this state.
44	50		SECTION 3. Subchapter C, Chapter 2A, Code of Criminal
45	51		Procedure, is amended by adding Article 2A.1051 to read as follows:
46	52		Art. 2A.1051. PETITION TO DISQUALIFY IN CERTAIN CASES. (a)
47	53		A person who has resided in the same county of this state for at
48	54		least six months may file, in any district or county court for that
49	55		county, a petition seeking the disqualification of a district or
50	56		county attorney who serves that county or an adjacent county if:
51	57		(1) the district or county attorney filed a criminal
52	58		case or proceeding involving the election laws of this state in a
53	59		court for the county in which the person resides or for a county
54	60		adjacent to the county in which the person resides; and
55	61		(2) the person has reason to believe the district or
56	62		county attorney has adopted a policy or practice, or is following or
57	63		enforcing a policy or practice, under which the attorney
58	64		consistently refuses or declines to prosecute a violation of the
59	65		election laws of this state.
60	66		(b) The judge of the court in which a petition is filed under
61	67		Subsection (a) shall declare the attorney against whom the petition
62	68		is filed disqualified for purposes of Article 2A.104(b-1) on the
63	69		petitioner showing that the attorney has adopted or is following or
64	70		enforcing a policy or practice described by Subsection (a)(2). If
65	71		the judge disqualifies an attorney under this subsection, the judge
66	72		shall send notice to the judge of the court in which the case
67	73		described by Subsection (a)(1) is pending that the attorney is
68	74		disqualified and an appointment under Article 2A.104(b-1) is
69	75		required.
70	76		(c) Before a charging instrument in a criminal case is
71	77		filed, with respect to a violation of the election laws of this
72	78		state that a person has reason to believe occurred in the county in
73	79		which the person resides, a person described by Subsection (a) may
74	80		file a petition seeking to refer the investigation and prosecution
75	81		of the violation to the office of the attorney general with a court
76	82		described by that subsection in the same manner as if the violation
77	83		had been filed as a case or proceeding described by Subsection
78	84		(a)(1). A judge of a court in which a petition is filed under this
79	85		subsection shall refer the case to the office of the attorney
80	86		general if the petitioner makes the showing required by Subsection
81	87		(b) with respect to the district or county attorney serving the
82	88		petitioner's county of residence.
83	89		SECTION 4. Section 273.021, Election Code, is amended by
84	90		adding Subsection (d) to read as follows:
85	91		(d) In accordance with an appointment made under Article
86	92		2A.104(b-1), Code of Criminal Procedure, the attorney general may
87	93		prosecute a criminal offense prescribed by the election laws of
88	94		this state on the disqualification of a district or county attorney
89	95		under Article 2A.105(d) or 2A.1051, Code of Criminal Procedure, or
90	96		on the referral of the case under Article 2A.1051(c), Code of
91	97		Criminal Procedure.
92	98		SECTION 5. The changes in law made by this Act apply only to
93	99		the prosecution of an offense committed on or after the effective
94	100		date of this Act. The prosecution of an offense committed before
95	101		the effective date of this Act is governed by the law in effect on
96	102		the date the offense was committed, and the former law is continued
97	103		in effect for that purpose. For purposes of this section, an
98	104		offense was committed before the effective date of this Act if any
99	105		element of the offense occurred before that date.
100	106		SECTION 6. This Act takes effect September 1, 2025.
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