Section 1.09 is a jurisdictional provision. It does not define an offense — it determines who may prosecute certain ones.
What the Statute Provides
The section grants the Attorney General, with the consent of the appropriate local county attorney, district attorney, or criminal district attorney, concurrent jurisdiction with that consenting prosecutor to prosecute offenses under the Penal Code involving the state Medicaid program, state property, and related matters specified in the statute.
Two features matter:
- Concurrent, not exclusive. The local prosecutor retains authority; the Attorney General may prosecute alongside.
- Consent required. The Attorney General does not displace the local prosecutor unilaterally.
What It Means for a Defendant
The law does not change. The offense charged, its elements, and its punishment range are identical regardless of which office prosecutes. The case is heard in the same courts — in Harris County, the County Criminal Courts at Law or the District Courts at 1201 Franklin.
The practice does change. The Attorney General's specialized units — particularly the Medicaid Fraud Control Unit — approach cases differently from a county office handling a high-volume docket. They typically investigate longer before charging, use civil investigative demands and administrative subpoenas, and coordinate with federal agencies.
Parallel proceedings are the norm. A person facing prosecution under this heading is frequently also facing a civil recovery action, an administrative licensing proceeding, and possible exclusion from state and federal health care programs. Statements made in any of those forums are available in the criminal case, which is why they must be coordinated by one lawyer from the start.
Federal exposure. Medicaid is jointly funded, so the same conduct commonly supports federal health care fraud charges. See our federal criminal defense page.
If You Have Been Contacted
Investigations under this section usually surface first as a records request, an audit, or an interview request — not an arrest. That is the moment to involve counsel, before documents are produced or explanations are offered.
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Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.