By: Shaheen, Metcalf, Leach, Noble, Hull, H.B. No. 5138       et al.     A BILL TO BE ENTITLED   AN ACT   relating to the duty of the attorney general to prosecute criminal   offenses prescribed by the election laws of this state.          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 CRIMINAL OFFENSES PRESCRIBED BY STATE   ELECTION LAWS          Sec. 402.101.  APPLICABILITY. This subchapter applies to a   criminal offense under the Election 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 submit 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 all information   requested 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. (a)  Notwithstanding any other   law, the attorney general has jurisdiction to prosecute and shall   represent the state in the prosecution of 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 taken   prosecutorial action to prosecute the offense.          (b)  A local prosecuting attorney may file a motion in a   district court objecting to the attorney general's representation   of the state under Subsection (a) in the prosecution of a criminal   offense described by Section 402.101. In response to a motion filed   under this subsection, the court shall:                (1)  make a finding as to whether the local prosecuting   attorney has taken prosecutorial action to prosecute the offense;   and                (2)  if the court finds the local prosecuting attorney   has not taken prosecutorial action to prosecute the offense, issue   an order stating the attorney general shall represent the state in   the prosecution of the offense.          SECTION 2.  Sections 273.021(a) and (b), Election Code, are   amended to read as follows:          (a)  The attorney general has jurisdiction to [may]   prosecute and shall represent the state in the prosecution of 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   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 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, 2026.