Bill Text: TX HB4549 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the duty of the attorney general to prosecute certain criminal offenses.

Spectrum: Partisan Bill (Republican 26-0)

Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [HB4549 Detail]

Download: Texas-2023-HB4549-Introduced.html
  88R2840 AMF/JSC-D
 
  By: Toth H.B. No. 4549
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duty of the attorney general to prosecute certain
  criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 402, Government Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D. PROSECUTION OF CERTAIN CRIMINAL OFFENSES
         Sec. 402.101.  APPLICABILITY. This subchapter applies to a
  criminal offense under:
               (1)  the Election Code;
               (2)  Chapter 170A or 171, Health and Safety Code; or
               (3)  Chapter 20A, 36, or 39, Penal Code.
         Sec. 402.102.  PROVISION OF INFORMATION TO ATTORNEY GENERAL.
  (a)  A law enforcement agency that submits to a local prosecuting
  attorney a report stating there is probable cause to believe an
  identified person has committed a criminal offense described by
  Section 402.101 shall simultaneously provide a copy of that report
  to the attorney general.
         (b)  On request of the attorney general, a local prosecuting
  attorney or law enforcement agency shall provide information
  regarding investigations of criminal offenses described by Section
  402.101 to assist the attorney general in performing duties
  required under this subchapter.
         Sec. 402.103.  PROSECUTION. Notwithstanding any other law,
  the attorney general has jurisdiction to prosecute and shall
  prosecute a criminal offense described by Section 402.101 if:
               (1)  a law enforcement agency submits a report
  described by Section 402.102(a) to the local prosecuting attorney
  and the attorney general; and
               (2)  six months have elapsed from the date the report
  was submitted and the local prosecuting attorney has not initiated
  proceedings to prosecute the offense.
         SECTION 2.  Sections 273.021(a) and (b), Election Code, are
  amended to read as follows:
         (a)  The attorney general shall [may] prosecute a criminal
  offense prescribed by the election laws of this state as provided by
  Subchapter D, Chapter 402, Government Code.
         (b)  The attorney general may appear before a grand jury in
  connection with a criminal [an] offense the attorney general is
  required [authorized] to prosecute under Subsection (a).
         SECTION 3.  Section 273.022, Election Code, is amended to
  read as follows:
         Sec. 273.022.  COOPERATION WITH LOCAL PROSECUTOR.  The
  attorney general may direct the county or district attorney serving
  the county in which the offense is to be prosecuted to prosecute a
  criminal [an] offense that the attorney general is required
  [authorized] to prosecute under Section 273.021 or to assist the
  attorney general in the prosecution.
         SECTION 4.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2023.
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