The bill amends the Code of Criminal Procedure to enhance the prosecution of election offenses in Texas. It introduces new provisions that allow a judge to declare a district or county attorney disqualified from handling cases involving election laws if the attorney has a policy or practice of refusing to prosecute such violations. Specifically, Article 2A.104 is amended to include a new subsection (b-1), which mandates that if an attorney is disqualified under certain conditions, the judge must appoint an assistant attorney general to take over the case. Additionally, a new Article 2A.1051 is added, allowing residents to petition for the disqualification of an attorney based on similar grounds.

Furthermore, the bill allows the attorney general to prosecute election law violations when a district or county attorney is disqualified or when a case is referred to them. This is outlined in the new subsection (d) added to Section 273.021 of the Election Code. The changes made by this Act will only apply to offenses committed on or after its effective date, ensuring that any offenses committed prior will still be governed by the previous law. 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)