H.B. No. 126 amends the Government Code by adding Subchapter E, which establishes the attorney general's duty to prosecute criminal offenses related to election laws in Texas. The new provisions require law enforcement agencies to submit reports of probable cause to both local prosecuting attorneys and the attorney general. If six months pass without the local prosecutor initiating proceedings, the attorney general is granted jurisdiction to prosecute the offense. This subchapter aims to streamline the prosecution of election-related crimes and ensure timely legal action.

Additionally, the bill modifies existing language in the Election Code, specifying that the attorney general "shall" prosecute election law offenses as outlined in the new subchapter, replacing the previous wording that allowed for discretion. It also clarifies that the attorney general may direct local prosecutors to assist in these cases. The changes apply only to offenses committed after the bill's effective date, 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 legislative session concludes.

Statutes affected:
Introduced: Election Code 273.021, Election Code 273.022 (Election Code 273)