Two companion bills filed in the state legislature could expand the Office of the Attorney General’s powers regarding criminal prosecutions.
According to the Texas Constitution, the Office of the Attorney General’s (OAG) duties primarily revolve around public and civic law. These duties include defending the state’s laws and Constitution, representing the state in litigation, and approving public bond issues.
The OAG “serves as legal counsel to all boards and agencies of the state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes, sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State,” per Attorney General Ken Paxton’s website.
According to Deputy Attorney General for Criminal Justice Josh Reno, there are currently only two pathways by which the state OAG would become involved in a criminal prosecution.
On March 4, Reno explained to the House Committee on Criminal Jurisprudence that county or district prosecuting attorneys must formally request assistance from the OAG, or a federal judge may appoint a prosecuting attorney from the OAG when a county or district prosecutor recuses himself from a case.
However, the bills under consideration would grant the OAG the authority to bypass these two pathways and independently prosecute certain criminal cases.
House Bill 1004 and Senate Bill 846, both filed this legislative session, would give the AG the authority and the duty to prosecute criminal cases involving election misconduct, bribery and corruption, abortion, abuse of office, and human trafficking, even without the request for assistance from the local prosecutor.
Under the proposed law, law enforcement agencies reporting these crimes to the local prosecutor’s office would also be required to report them to the AG’s office. If the local prosecutor has not initiated proceedings in the case within six months, the OAG is required to prosecute these offenses. The AG may direct the local county or district attorney to prosecute the case or to assist the AG in the prosecution.
If passed, the law would take effect on September 1, 2025.