S.B. No. 11 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. A new Subchapter E is added to Chapter 402, establishing that the Attorney General has jurisdiction to prosecute such offenses and must represent the state in these cases. Law enforcement agencies are required to report any probable cause findings to the Attorney General and provide requested information to assist in investigations.
Additionally, the bill modifies existing provisions in the Election Code to affirm the Attorney General's prosecutorial authority and the ability to cooperate with local prosecutors. Specifically, it replaces the phrase "may prosecute" with "has jurisdiction to prosecute and shall represent the state" in relation to election law offenses. The changes apply only to offenses committed on or after the effective date of the Act, ensuring that prior offenses are governed by the law in effect at the time they were committed. The Act is set to take effect 91 days after the end of the legislative session.
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)