Bill Text: TX HB209 | 2025 | 89th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the prosecution of certain election offenses.
Sponsorship: Partisan Bill (Republican 6)
Status: (Introduced - Dead) 2025-08-18 - Filed [HB209 Detail]
Download: Texas-2025-HB209-Introduced.html
| 89S20054 JCG-D | ||
| By: Hopper | H.B. No. 209 | |
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| 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 [ |
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| 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 on the 91st day after the | ||
| last day of the legislative session. | ||
