Bill > HB5138

This bill modifies Texas state law to expand the Attorney General's authority and responsibility in prosecuting election-related criminal offenses. Specifically, the bill creates a new subchapter in the Government Code that mandates law enforcement agencies to submit reports to the Attorney General when there is probable cause to believe an election law criminal offense has occurred. The bill also requires local prosecutors and law enforcement to provide any requested information to assist the Attorney General. Critically, the bill changes the Attorney General's prosecution power from discretionary (may prosecute) to mandatory (shall prosecute), giving the Attorney General explicit jurisdiction to prosecute and represent the state in criminal election law cases. Additionally, the bill allows the Attorney General to direct county or district attorneys to prosecute or assist in prosecuting such offenses. The changes will apply only to offenses committed on or after the bill's effective date of September 1, 2026, ensuring that existing cases are not retroactively affected. This legislation appears designed to centralize and strengthen election law enforcement at the state level by empowering the Attorney General's office.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5138