August 3, 2025
NEWS DIGEST
by Brandon Waltens
Good morning,
The Texas Senate has passed Senate Bill 11, reviving a years-long push to restore the attorney general’s power to criminally prosecute violations of the state’s election laws—a power stripped away by the Texas Court of Criminal Appeals in a controversial 2021 ruling.
SB 11 passed by a vote of 17-12, with outgoing Republican State Sen. Robert Nichols (Jacksonville) voting alongside Democrats against the proposal.
Laying out the bill, State Sen. Bryan Hughes (R–Mineola) pointed to a key change made by the Texas Legislature nearly four decades ago, in 1985, when both chambers were controlled by Democrats.
“A Democratic-controlled legislature decided that the attorney general should have authority to prosecute election crimes,” said Hughes. “They recognized that many times a local prosecutor might have a conflict. Maybe there’s an illegal ballot harvesting scheme going on, and maybe the DA is afraid of those guys. Or maybe there’s a relationship there. Or maybe they just don’t have the resources.”
“That was the law. That was the status quo—for decades,” Hughes said. “Until 2021.”
That year, in State v. Stephens, the Texas Court of Criminal Appeals ruled that the state constitution does not permit the attorney general to independently prosecute criminal cases, declaring that such powers belong solely to local district and county attorneys. The ruling overturned decades of precedent and effectively stripped the attorney general—then and now Ken Paxton—of his authority to prosecute voter fraud and other election offenses.
Hughes was blunt in his assessment of the court’s reasoning: “In 2021, the Texas Court of Criminal Appeals “discovered”—and yes, I put that in quotes—that this long-standing practice was unconstitutional.”
SB 11 seeks to restore that authority by giving the attorney general concurrent jurisdiction to prosecute election crimes, meaning the AG could bring charges even if a local prosecutor declines to act.
The issue has been placed on the call for the current special session by Gov. Greg Abbott, who has specifically called for a constitutional amendment to respond to the court’s ruling. But that path would require two-thirds support in both the House and Senate—making Democrat support necessary and the odds steeper.
Christine Welborn, the president of the election security organization Advancing Integrity, told Texas Scorecard, “Whether through statute or constitutional amendment, it is imperative that the Attorney General is able to prosecute election fraud. These are crimes that threaten the very fabric of our Republic and Texans’ confidence that they are legitimately represented.”
The fight to restore the attorney general’s authority has already seen setbacks. During the regular session earlier this year, similar legislation died in conference committee after the House and Senate passed sharply different versions. The House version included a six-month delay before the AG could act, a provision the Senate and Paxton’s office rejected as unworkable.
State Rep. Matt Shaheen (R–Plano) insisted on the six-month delay. Now, he has filed legislation, House Bill 11, that more closely mirrors the Senate version and has been referred to the House State Affairs committee.
Attorney General Paxton has repeatedly called on the Legislature to act, warning that election crimes can go unpunished in counties where local DAs are unwilling to bring charges. While his office maintains a civil election integrity unit, Paxton has emphasized that criminal enforcement requires legislative restoration of his authority.
With SB 11 now advancing, it remains to be seen whether lawmakers in the House will embrace the Senate’s version, or whether the gridlock that doomed earlier efforts will resurface.
Featured
Republican lawmakers have proposed new district maps that could increase the number of GOP-held U.S. House seats in Texas by five.
House Bill 4, filed Wednesday by Republican State Rep. Todd Hunter of Corpus Christi, includes a map with five new districts that President Donald Trump would have carried by at least 10 points in the 2024 election—including two Hispanic-majority districts in South Texas.
Release of the new map comes on the heels of several often-raucous public hearings hosted by special House and Senate committees formed to consider congressional redistricting during the ongoing special legislative session.
Real Texans
In this week’s edition of REAL TEXANS, Michael visits with Aaron Reitz about his bid to be the 52nd Attorney General of Texas. They discuss his background, why the office matters, and how voters should judge the candidates.
New interviews with REAL TEXANS every Sunday!
State
University of North Texas Settles Free Speech Case
UNT will pay more than $700,000 to resolve accusations of racism.
Legislation to Ban Local Governments from Hiring Lobbyists Clears Senate Vote
Senate Bill 12 is designed to close loopholes and stop the flow of taxpayer funds to registered lobbyists.
Report: Texas Democrats Fundraising for Another Quorum Break
Democrats would need just over $1 million per month to sustain a walkout.
Local
Tarrant County Moves To Dismiss Democrats’ Challenge to Republican Redistricting
The county asserts that deliberately drawn racial coalition districts are no longer protected and can be eliminated.
Houston Polling Signals Tight Races Amid Voter Concerns on Crime, Taxes
Fifty-seven percent of residents said Harris County is heading in the wrong direction.
Austin Pride Reports Future Changes Due to ‘Current Political Climate’
Pro-family advocates say the decline in funding for LGBT causes is a sign of returning cultural sanity.
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