(Texas Scorecard) – New legislation has been filed in the Texas Senate to give the attorney general additional prosecutorial powers in certain cases.
Senate Bill 846 by State Sen. Bryan Hughes (R-Mineloa) amends the government code to grant the attorney general prosecutorial powers in crimes related to elections, abortion, and abuse of office when local prosecutors fail to act.
It also amends the election code by changing the attorney general’s role from discretionary, “may prosecute,” to mandatory, “shall prosecute,” for election-related offenses.
Other crimes the attorney general would be able to prosecute include offenses against public administration, including bribery and corrupt influence, as well as human trafficking.
The attorney general would have jurisdiction to prosecute these offenses if a law enforcement agency submits a report to the local prosecuting attorney and the attorney general and if six months have passed from the date “the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense.”
If passed, the measure will only apply to offenses committed on or after the effective date of September 1, 2025, when the measure would take effect.
The 89th Legislative Session ends on June 2.