S.B. No. 1026 amends the Government Code and the Election Code to clarify the responsibilities of the Texas Attorney General regarding the prosecution of criminal offenses related to election laws. The bill introduces a new Subchapter D in Chapter 402, which establishes that the Attorney General is required to prosecute such offenses if a local prosecuting attorney has not initiated proceedings within six months of a law enforcement agency submitting a report indicating probable cause for a violation. Additionally, law enforcement agencies are mandated to provide copies of these reports to the Attorney General simultaneously with their submission to local prosecutors.

The bill also modifies existing provisions in the Election Code, specifying that the Attorney General shall prosecute election law offenses as outlined in the new subchapter, replacing the previous language that allowed for discretion. Furthermore, it allows the Attorney General to direct local prosecutors to assist in these cases. 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)