S.B. No. 1026 amends the Government Code and the Election Code to enhance the authority of the Texas Attorney General in prosecuting criminal offenses related to election laws. A new Subchapter D is added to Chapter 402, which establishes that law enforcement agencies must report to both local prosecuting attorneys and the Attorney General when there is probable cause to believe a criminal offense under the Election Code has occurred. The Attorney General is granted jurisdiction to prosecute these offenses if six months have passed without action from the local prosecuting attorney after the report is submitted.

Additionally, the bill modifies existing provisions in the Election Code to clarify the Attorney General's role in prosecuting election-related offenses. It specifies that the Attorney General "has jurisdiction to prosecute and shall represent the state" in these cases, replacing the previous language that allowed for discretion. The bill also allows the Attorney General to direct local prosecutors to assist in these prosecutions. The changes will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Election Code 273.021, Election Code 273.022 (Election Code 273)
Senate Committee Report: Election Code 273.021, Election Code 273.022 (Election Code 273)
Engrossed: Election Code 273.021, Election Code 273.022 (Election Code 273)