HB 5138 Texas House · 89th Legislature (2025)

Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

HB 5138 shifts responsibility for prosecuting election-related crimes from local prosecutors to the Texas Attorney General's office. It requires law enforcement agencies to report election law violations to the Attorney General and mandates that local prosecutors cooperate with the AG’s office. The bill creates new provisions in the Government Code (Subchapter D) and amends the Election Code to give the Attorney General sole authority to prosecute such offenses, effective September 1, 2026. This directly affects local law enforcement, county prosecutors, and the Attorney General’s office by centralizing prosecution authority for election crimes.
Bill status passed both 3 of 5 stages cleared
Introduction
Apr 2025
Committee Review
May 2025
House Passage
May 2025
Senate Failed
May 2025
Governor
Introduced Apr 7, 2025 Last action May 29, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 5 edits · May 28, 2025
MODERATE
This bill establishes new procedures for the Texas Attorney General to prosecute election law violations when local prosecutors fail to act within six months. It adds a new subchapter to the Government Code requiring law enforcement to notify the Attorney General when probable cause exists, and grants the Attorney General authority to take over prosecutions if local officials don't act. The effective date was changed from 2025 to 2026.
Scope change
The bill expands the Attorney General's authority to intervene in election offense prosecutions by adding new procedural requirements for local prosecutors and establishing a six-month waiting period before state intervention.
REQUIREMENT

New requirement that law enforcement must simultaneously submit copies of probable cause reports to both local prosecutors and the Attorney General

Updated language to clarify Attorney General's authority to prosecute and represent the state in election offense cases

ENFORCEMENT

New authority for the Attorney General to prosecute election offenses if local prosecutors haven't taken action within six months

New provision allowing local prosecutors to file motions objecting to Attorney General representation in prosecutions

TIMELINE

Effective date changed from September 1, 2025 to September 1, 2026

Floor votes · Senate May 27, 2025 · House May 9, 2025

How they voted

1020
Failed
Total votes 30
May 27, 2025
D Democratic10
10 Yea
100% Yea
R Republican20
20 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
62
Key actions
17
Committee
14
Amendments
8
May 29, 2025
Upper · Passed
House requests conference committee-reported
upper
May 29, 2025
Lower · Passed
House requests conference committee
lower
May 29, 2025
Introduced
House refuses to concur in Senate amendments
lower
May 28, 2025
Introduced
Senate Amendments Analysis distributed
lower
May 28, 2025
Introduced
Senate Amendments distributed
lower
May 28, 2025
Lower · Passed
Senate passage as amended reported
lower
May 28, 2025
Upper · Passed
Passed
upper
May 27, 2025
Amended
Amendment fails of adoption
upper
May 27, 2025
Introduced
Amendment(s) offered
upper
May 27, 2025
Vote failed
Senate Vote: fail (10-20)
senate
May 25, 2025
Upper · Passed
Committee report printed and distributed
upper
May 25, 2025
Upper · Passed
Reported favorably as substituted
upper
May 22, 2025
Upper · Passed
Vote taken in committee
upper
May 15, 2025
Upper · Passed
Left pending in committee
upper
May 15, 2025
Upper · Passed
Testimony taken in committee
upper
May 13, 2025
Committee
Referred to State Affairs
upper
May 13, 2025
Introduced
Read first time
upper
May 12, 2025
Introduced
Received from the House
upper
May 9, 2025
Lower · Passed
Passed
lower
May 8, 2025
Lower · Passed
Passed to engrossment as amended
lower
May 8, 2025
Lower · Passed
Amended
lower
May 6, 2025
Lower · Passed
Committee report sent to Calendars
lower
May 6, 2025
Lower · Passed
Committee report distributed
lower
Apr 30, 2025
Lower · Passed
Reported favorably as substituted
lower
Apr 23, 2025
Lower · Passed
Left pending in committee
lower
Apr 23, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Apr 7, 2025
Committee
Referred to State Affairs
lower
Apr 7, 2025
Introduced
Read first time
lower
6 primary · 31 co-sponsors

Sponsors