SB2743 - Relating to the prosecution of certain election offenses.

      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.