Bill Text: TX HB910 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the venue for the prosecution of an election offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB910 Detail]
Download: Texas-2025-HB910-Introduced.html
By: DeAyala | H.B. No. 910 |
|
||
|
||
relating to the venue for the prosecution of an election offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 13, Code of Criminal Procedure, is | ||
amended by adding Article 13.41 to read as follows: | ||
Art. 13.41. ELECTION OFFENSES. (a) An offense classified | ||
as a felony under the Election Code, or a felony offense otherwise | ||
related to an election conducted in this state, may be prosecuted in | ||
a judicial district adjoining the judicial district in which the | ||
offense occurred. | ||
(b) An offense classified as a misdemeanor under the | ||
Election Code, or a misdemeanor offense otherwise related to an | ||
election conducted in this state, may be prosecuted in a county | ||
adjoining the county in which the offense occurred. | ||
(c) A county has exclusive jurisdiction over offenses | ||
within its jurisdiction until 90 days after the Governor's | ||
certification of election under Section 67.016, Election Code for | ||
the election during which the offense occurred. | ||
(d) If an offense did not occur during an election, the | ||
county where an offense took place has exclusive jurisdiction over | ||
offenses within its jurisdiction for 90 days after the offense is | ||
discovered. | ||
(e) If a prosecution under this section would be foreclosed | ||
under Section 12.02, Code of Criminal Procedure, a prosecution may | ||
be brought earlier than provided in subsections (c) and (d). | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a violation of law that occurs on or after the effective date of | ||
this Act. A violation that occurs before the effective date of this | ||
Act is governed by the law in effect on the date the violation | ||
occurred, and the former law is continued in effect for that | ||
purpose. For purposes of this section, a violation of law occurred | ||
before the effective date of this Act if any element of the | ||
violation occurred before that date. | ||
SECTION 3. This Act takes effect September 1, 2025. |