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.
Election integrity has been one of the Texas GOP’s top legislative priorities this session, with the party supporting HB 5138. Christine Welborn, president of Advancing Integrity, praised the bill as a necessary step to ensure accountability.
“The relatively low number of convictions for election fraud is not due to a lack of fraud, but a lack of prosecutions by local district attorneys,” said Welborn. “HB 5138 would allow the attorney general to once again step in and protect voters when those DAs fail to act. Laws are meaningless unless they are enforced.”
While the Texas Senate passed a similar bill last month, the House did not take up that version. As a result, additional steps will be required to reconcile the two versions before the legislation can head to Gov. Greg Abbott’s desk.
The current House version includes a delayed effective date of September 1, 2026.
No ads. No paywalls. No government grants. No corporate masters.
Just real news for real Texans.
Support Texas Scorecard to keep it that way!
