The Senate Committee on State Affairs took public testimony on Senate Bill 12, which would expand the attorney general’s authority to prosecute criminal offenses under the election code.

Why it matters: The bill would shift prosecutorial authority from locally elected district or county attorneys to the Office of the Attorney General for election‑law violations in some circumstances. Proponents said a statewide office can ensure consistent enforcement; opponents warned of separation‑of‑powers concerns and noted prior court rulings limiting the AG’s prosecutorial role.

What witnesses said: Melody Tramalo testified in opposition and cited the Texas Court of Criminal Appeals’ earlier ruling (State v. Stevens) as precedent that limited the attorney general’s independent criminal‑prosecution authority; she urged that the proposal would trigger an expensive legal fight. Alicia Castillo, representing the Texas Civil Rights Project, told the committee that election fraud in Texas is rare and cautioned against vesting broad prosecutorial power in a single statewide official. Jessica Cohen, an election judge who said she contracted COVID while working at the polls, testified that election procedures already include strict chain‑of‑custody controls and questioned the need for expanded AG authority.

Action taken: The committee recorded a favorable vote to report SB 12 to the full Senate (committee roll recorded as 9 ayes, 0 nays). Witnesses recommended limiting duplicative prosecutions and preserving local prosecutorial discretion.

Next steps: The bill will go to the full Senate. Legal scholars said prior case law may shape litigation risk if the measure becomes law; municipal officials and election administrators asked for careful drafting to avoid chilling voter participation or duplicative enforcement.