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Bill

Bill

HJR 160

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

89th Legislature (2025) Introduced by Richard Hayes and 7 co-sponsors

Texas constitutional amendment grants attorney general explicit criminal prosecution authority over state election law violations, centralizing enforcement power.

Referred to State Affairs
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Bill Summary · HJR 160

Legislative bill overview

HJR 160 proposes a Texas constitutional amendment that would explicitly grant the state attorney general authority to prosecute criminal violations of state election laws. Currently, this prosecutorial power may be ambiguous or limited under existing constitutional provisions. The amendment would clarify and expand the AG's role in enforcing election statutes through criminal prosecution.

Why is this important

Election law enforcement mechanisms directly affect how violations are investigated and prosecuted, influencing public confidence in electoral integrity. Clarifying the attorney general's prosecutorial authority could streamline enforcement but also raises questions about centralization of election-related criminal power and potential political implications of AG discretion in election prosecutions.

Potential points of contention

  • Separation of powers concerns: Concentrating election law prosecution authority in the AG's office (a statewide elected position) could blur lines between local district attorneys' traditional prosecutorial roles and create accountability questions
  • Political polarization: Election law enforcement is increasingly contentious; opponents may worry this grants disproportionate power to a partisan elected official, while supporters argue it ensures consistent statewide enforcement
  • Scope ambiguity: The amendment's language ("election laws of this state") is broad and undefined, potentially expanding AG authority beyond current criminal election statutes to cover new or expansive interpretations

Compiled from official sources — confirm details with the bill’s official record.

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