The Texas House has passed legislation to restore the state attorney general’s authority to prosecute election-related crimes—an issue that has taken center stage in the wake of a court ruling and a high-stakes political fight within the Republican Party.
House Bill 5138, authored by State Rep. Matt Shaheen (R–Plano), would allow the attorney general to step in and prosecute election law violations if a local prosecutor fails to act within six months of receiving a law enforcement report. The measure passed the House this week and now awaits further action in the Senate.
The bill comes in response to the 2021 State v. Stephens decision by the Texas Court of Criminal Appeals, which held that the attorney general did not have independent authority to bring criminal charges under the Election Code.
The ruling was met with fierce opposition from Attorney General Ken Paxton, who made the issue a central theme in last year’s Republican primaries.
All three Court of Criminal Appeals judges who supported the decision and were up for re-election were defeated by Paxton-endorsed challengers.
