Texas House Bill HJR103

Texas 2025 - 89th Regular

• Filed: 12/5/24

Caption

Proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state.

Summary

HJR 103 proposes a constitutional amendment to clarify and expand the Texas Attorney General’s authority in election-related criminal cases. Specifically, it would add language to Article IV, Section 22 of the Texas Constitution stating that the Attorney General has concurrent jurisdiction with each county or district attorney to represent the state in prosecuting criminal offenses under the state’s election laws. The resolution does not itself create a new election offense or change the substantive election code; instead, it addresses who may prosecute existing election-law crimes. If approved by voters, it would constitutionally authorize the Attorney General to act alongside local prosecutors in these cases, rather than relying solely on county or district attorneys.

Impact

If adopted, the amendment would alter the Texas Constitution by expressly granting the Attorney General concurrent prosecutorial authority over criminal offenses defined by election laws. This would affect the division of enforcement power between the state’s chief legal officer and local prosecutors, potentially increasing state-level involvement in election crime enforcement while leaving existing election statutes in place. The measure would be submitted to voters at the November 4, 2025 election.

Sentiment

Based on the bill text and available legislative context, the measure appears to be framed as an election-integrity and enforcement proposal, with no recorded committee testimony or vote history provided here to indicate formal opposition or support. The referral to the State Affairs Committee suggests it is being treated as a significant constitutional and election-administration issue. Overall sentiment cannot be measured from transcripts, but the proposal is presented in a straightforward, enforcement-oriented manner.

Contention

The main point of contention is likely the allocation of prosecutorial authority: whether the Attorney General should have concurrent power with county and district attorneys in election-crime cases. Supporters would likely view the amendment as strengthening statewide enforcement and consistency, while critics may see it as centralizing power in the Attorney General’s office and potentially encroaching on local prosecutorial discretion. Because no committee debate or votes are included, specific arguments from legislators are not available.