Relating to the prosecution of certain election offenses.

89(R) SB 2743 - Engrossed version - Bill Text

By: Hagenbuch, Creighton

S.B. No. 2743

Hinojosa of Nueces

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.