The Texas attorney general gets sweeping power to prosecute election crimes himself
The Texas attorney general would have a duty to prosecute alleged election-law crimes anywhere in the state, regardless of whether local district attorneys decline to act, under a measure Gov. Greg Abbott signed on September 18. The bill (SB 12) directs the attorney general to bring charges for criminal offenses prescribed by the state''s election code, restoring a prosecution authority the Texas Court of Criminal Appeals stripped away in its 2021 Stephens decision.
Sen. Hughes, who has spent multiple sessions trying to unwind that ruling, filed the bill. Critics argue the change centralizes prosecutorial discretion in a partisan statewide office and could bypass elected county prosecutors who decline to charge cases on the merits. Supporters say it ensures uniform enforcement across Texas''s 254 counties.
The Senate passed SB 12 on August 18, and the House cleared it on August 25. Both chambers signed the enrolled bill on August 27.