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Bill

HB 1004

Relating to the duty of the attorney general to prosecute certain criminal offenses.

89th Legislature (2025) Introduced by Cody Harris and 9 co-sponsors

HB 1004 mandates the Texas Attorney General to prosecute specific criminal offenses rather than making prosecution discretionary, potentially expanding state-level enforcement authority.

Referred to State Affairs
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Bill Summary · HB 1004

Legislative bill overview

HB 1004 would establish a mandatory duty for the Texas Attorney General to prosecute certain criminal offenses, rather than leaving prosecution discretionary. The bill aims to clarify and expand the Attorney General's role in handling specific categories of crimes that currently may fall outside standard prosecutorial jurisdiction or receive inconsistent enforcement.

Why is this important

This bill affects the structure of criminal justice in Texas by potentially shifting enforcement priorities and resources. It could impact how certain crimes are investigated and prosecuted, depending on which offenses are designated as mandatory for AG prosecution, and may address gaps in current prosecution authority.

Potential points of contention

  • Prosecutorial discretion concerns: Some argue mandatory prosecution requirements limit the AG's ability to prioritize cases and allocate limited resources efficiently
  • Undefined scope: The bill's language doesn't publicly specify which crimes would trigger mandatory prosecution, making it unclear how broadly or narrowly it would apply
  • Local vs. state authority: Questions about whether expanding AG duties could interfere with district attorneys' traditional local prosecution responsibilities

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

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