House Bill No. 5318 amends the Government Code by adding a new Subchapter D, which grants the Texas Attorney General the authority to prosecute specific criminal offenses against public order. This includes offenses under Section 42.02 and Section 42.03 of the Penal Code, provided they occur on state-owned or maintained property. The bill outlines the process for law enforcement agencies to report these offenses, requiring them to submit a report to both the local prosecuting attorney and the Attorney General if there is probable cause to believe a crime has been committed.

Additionally, the bill stipulates that the Attorney General can take jurisdiction over these cases if six months have passed since the report was submitted and the local prosecuting attorney has not initiated prosecution. The changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will continue to be governed by the existing law.

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