Texas § GV.402.103 - PROSECUTION
Full text of Texas The Texas Constitution § GV.402.103 — PROSECUTION, with citation guidance and answers to common questions.
§ GV.402.103. PROSECUTION
PROSECUTION. (a) Notwithstanding any other law, the attorney general has jurisdiction to prosecute and shall represent the state in the prosecution of a criminal offense described by Section 402.101 if: (1) a law enforcement agency submits a report described by Section 402.102 (a) to the local prosecuting attorney and the attorney general; (2) 180 days have elapsed from the date the report was submitted; and (3) the local prosecuting attorney has not taken prosecutorial action to prosecute the offense. (b) If the prosecution of a criminal offense described by Section 402.101 is pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall file with the court in which the prosecution is pending a notice of appearance to represent the state and provide to the local prosecuting attorney a copy of the notice. (c) If the prosecution of a criminal offense described by Section 402.101 is not pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall notify the local prosecuting attorney of the attorney general's intent to represent the state in the prosecution of the offense under Subsection (a). (d) A local prosecuting attorney may file a motion in the court in which the prosecution of a criminal offense described by Section 402.101 is pending objecting to the attorney general's representation of the state in the prosecution of the offense. The court shall hold a hearing on the motion filed under this subsection not later than the 30th day after the date the motion is filed. In response to a motion filed under this subsection, the court shall: (1) make a finding as to whether the local prosecuting attorney has taken prosecutorial action to prosecute the offense; and (2) if the court finds the local prosecuting attorney has not taken prosecutorial action to prosecute the offense, issue an order stating the attorney general shall represent the state in the prosecution of the offense. Added by Acts 2025, 89th Leg., R.S., Ch. 364 (H.B. 45 ), Sec. 2, eff. September 1, 2025. SUBCHAPTER E. PROSECUTION OF CRIMINAL OFFENSES PRESCRIBED BY STATE ELECTION LAWS
Frequently Asked Questions About Texas § GV.402.103
What does The Texas Constitution § GV.402.103 cover?
Section GV.402.103 ("PROSECUTION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § GV.402.103?
A common citation format is "The Texas Constitution § GV.402.103" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § GV.402.103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.