H.B. No. 98 proposes amendments to the Texas Code of Criminal Procedure and the Election Code to enhance the prosecution of election-related offenses. The bill introduces a new provision in Article 2A.105, which mandates that a judge must disqualify a district or county attorney from prosecuting election law violations if it is shown that the attorney has a policy or practice of consistently refusing to prosecute such violations. Additionally, the bill adds a provision in Section 273.021 of the Election Code, allowing the attorney general to prosecute election law offenses when a district or county attorney is disqualified under the new criteria.

The changes outlined in this bill will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses committed prior to this date will continue to be governed by the existing laws in effect at the time of the offense. This legislation aims to ensure that election laws are enforced more rigorously by providing a mechanism to address potential conflicts of interest among local prosecutors.

Statutes affected:
Introduced: Election Code 273.021 (Election Code 273)