H.B. No. 5138 aims to enhance the authority of the Texas Attorney General in prosecuting criminal offenses related to election laws. The bill introduces a new Subchapter D to Chapter 402 of the Government Code, which establishes that the Attorney General has jurisdiction to prosecute such offenses and mandates law enforcement agencies to report any probable cause findings to the Attorney General. Additionally, local prosecuting attorneys are required to provide information to assist the Attorney General in these prosecutions.

The bill also amends existing provisions in the Election Code, clarifying that the Attorney General "has jurisdiction to prosecute and shall represent the state" in election-related criminal offenses, as outlined in the new subchapter. It further allows the Attorney General to direct local prosecutors in handling 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, 2026.

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