Tex. Codes » Election Code · TITLE 16. MISCELLANEOUS PROVISIONS · CHAPTER 273. CRIMINAL INVESTIGATION AND OTHER ENFORCEMENT PROCEEDINGS
Texas Codes

Tex. Elec. Code § 273.021 (2026)

Prosecution By Attorney General Authorized

✓ laws through the 89th Legislature (2025)
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Sec. 273.021. PROSECUTION BY ATTORNEY GENERAL AUTHORIZED. (a) The attorney general has jurisdiction to prosecute and shall represent the state in the prosecution of a criminal offense prescribed by the election laws of this state as provided by Subchapter E, Chapter 402, Government Code.

(b) The attorney general may appear before a grand jury in connection with a criminal offense the attorney general is authorized to prosecute under Subsection (a).

(c) The authority to prosecute prescribed by this subchapter does not affect the authority derived from other law to prosecute the same offenses.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 79, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 864, Sec. 255, eff. Sept. 1, 1997.

Amended by:

Acts 2025, 89th Leg., 2nd C.S., Ch. 19 (S.B. 12), Sec. 2, eff. December 4, 2025.

Notes of Decisions
Cited in 9 cases (7 in the last 5 years), 2014–2026 · leading case: Medrano, Carlos v. State, 421 S.W.3d 869 (Tex. App.—Dallas 2014).
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Medrano, Carlos v. State, 421 S.W.3d 869 (Tex. App.—Dallas 2014). · cites it 2× “See Tex. Elec. Code Ann. § 273.021 . Further, that authority includes the ability to appear before the grand jury and to try the case in an adjoining county.”
Mi Familia Vota v. Ogg, 105 F.4th 313 (5th Cir. 2024). “The court held that Texas Election Code Section 273.021, which gave the Attorney General independent authority to bring criminal prosecutions, vio- lated the state constitution’s separation of powers.”
Stephens, Zena Collins, No. PD-1032-20 (Tex. Crim. App. Dec. 15, 2021). · cites it 7× “Because Texas Election Code section 273.021 delegates to the Attorney General a power more properly assigned to the judicial department, we conclude that the statute is unconstitutional.”
Stephens, Zena Collins, No. PD-1032-20 (Tex. Crim. App. Dec. 15, 2021). · cites it 2× “” TEX. ELECTION CODE § 273.021(a). 1 Subsection (b) of this provision likewise 1 As originally enacted in 1985, Section 273.”
Zachary Jabe Riley v. State of Texas, No. 13-23-00359-CR (Mar. 16, 2026). · cites it 2× “The JCDA declined to prosecute and referred 9 the Texas Rangers to the Attorney General, who presented the case to a grand jury pursuant to Texas Election Code Section 273.021. See id.”
Adrian Heath v. State, No. 14-14-00532-CR (Tex. App.—Houston [14th Dist.] May 10, 2016). “” Tex. Elec. Code Ann. § 273.001 (b) (West 2010).”
La Union Del Pueblo Entero v. Gregory W. Abbott, No. 5:21-cv-00844 (W.D. Tex. Aug. 2, 2022). “” TEX. ELEC. CODE § 273.021. The Private Plaintiffs also allege that Ogg can and will enforce the S.”
La Union Del Pueblo Entero v. Gregory W. Abbott, No. 5:21-cv-00844 (W.D. Tex. July 12, 2022). “To be sure, although the Election Code originally authorized the Attorney General to unilaterally “prosecute a criminal offense prescribed by the election laws of this state[,]” TEX. ELEC. CODE § 273.021(a), that is, for the time being, not the case.”
Un del Pueblo Entero v. Nelson, 163 F.4th 239 (5th Cir. 2025). “First, the district court relied on Texas Election Code § 273.021(a), which states that “[t]he attorney general may prosecute a criminal offense prescribed by the election laws of this state.”
Tex. Elec. Code § 273.021(a): 4 cases
Medrano, Carlos v. State, 421 S.W.3d 869 (Tex. App.—Dallas 2014). “See Tex. Elec. Code Ann. § 273.021 . Further, that authority includes the ability to appear before the grand jury and to try the case in an adjoining county.”
Stephens, Zena Collins, No. PD-1032-20 (Tex. Crim. App. Dec. 15, 2021). “” TEX. ELECTION CODE § 273.021(a). 1 Subsection (b) of this provision likewise 1 As originally enacted in 1985, Section 273.”
La Union Del Pueblo Entero v. Gregory W. Abbott, No. 5:21-cv-00844 (W.D. Tex. July 12, 2022). “To be sure, although the Election Code originally authorized the Attorney General to unilaterally “prosecute a criminal offense prescribed by the election laws of this state[,]” TEX. ELEC. CODE § 273.021(a), that is, for the time being, not the case.”
Un del Pueblo Entero v. Nelson, 163 F.4th 239 (5th Cir. 2025). “First, the district court relied on Texas Election Code § 273.021(a), which states that “[t]he attorney general may prosecute a criminal offense prescribed by the election laws of this state.”
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