Tex. Codes » Election Code · TITLE 3. ELECTION OFFICERS AND OBSERVERS · CHAPTER 31. OFFICERS TO ADMINISTER ELECTIONS
Texas Codes

Tex. Elec. Code § 31.006 (2026)

Referral To Attorney General

✓ current as of May 2026
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Sec. 31.006. REFERRAL TO ATTORNEY GENERAL. (a) If, after receiving or discovering information indicating that criminal conduct in connection with an election has occurred, the secretary of state determines that there is reasonable cause to suspect that criminal conduct occurred, the secretary shall promptly refer the information to the attorney general. The secretary shall deliver to the attorney general all pertinent documents and information in the secretary's possession.

(b) The documents and information submitted under Subsection (a) are not considered public information until:

(1) the secretary of state makes a determination that the information received does not warrant an investigation; or

(2) if referred to the attorney general, the attorney general has completed the investigation or has made a determination that the information referred does not warrant an investigation.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 4, eff. Sept. 1, 1993.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 7, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 5, eff. September 1, 2013.

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.08, eff. December 2, 2021.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Un del Pueblo Entero v. Nelson (5th Cir. 2025).
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Un del Pueblo Entero v. Nelson (5th Cir. 2025). · cites it 3× “08 (codified at Tex. Elec. Code § 31.006). 160 Tex. Elec.”
State of Texas v. Harris Cnty., Texas (Tex. App. 2025). “16 With respect to criminal violations, the Attorney General retains the authority to investigate violations of election laws, Tex. Elec. Code §§ 31.006(b), 273.001(a), and may assist a local prosecutor or be deputized by one to bring criminal charges, 16 That authority would…”
Tex. Elec. Code § 31.006(b): 1 case
State of Texas v. Harris Cnty., Texas (Tex. App. 2025). “16 With respect to criminal violations, the Attorney General retains the authority to investigate violations of election laws, Tex. Elec. Code §§ 31.006(b), 273.001(a), and may assist a local prosecutor or be deputized by one to bring criminal charges, 16 That authority would…”
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