Bill Text: TX HB1690 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to the investigation and prosecution of offenses against public administration, including ethics offenses.

Spectrum: Partisan Bill (Republican 73-0)

Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB1690 Detail]

Download: Texas-2015-HB1690-Enrolled.html
 
 
  H.B. No. 1690
 
 
 
 
AN ACT
  relating to the investigation and prosecution of offenses against
  public administration, including ethics offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1.  PUBLIC INTEGRITY UNIT
         Sec. 411.0251.  DEFINITIONS.  In this subchapter:
               (1)  "Offense" means a prohibited act for which state
  law imposes a criminal or civil penalty.
               (2)  "Prosecuting attorney" means a district attorney,
  criminal district attorney, or county attorney.
               (3)  "State agency" means a department, commission,
  board, office, council, authority, or other agency in the executive
  branch of state government that is created by the constitution or a
  statute of this state, including a university system or institution
  of higher education as defined by Section 61.003, Education Code.
               (4)  "State employee" means an individual, other than a
  state officer, who is employed by:
                     (A)  a state agency;
                     (B)  the Supreme Court of Texas, the Court of
  Criminal Appeals of Texas, a court of appeals, or the Texas Judicial
  Council; or
                     (C)  either house of the legislature or a
  legislative agency, council, or committee, including the
  Legislative Budget Board, the Texas Legislative Council, the State
  Auditor's Office, and the Legislative Reference Library.
               (5)  "State officer" means an elected officer, an
  appointed officer, a salaried appointed officer, an appointed
  officer of a major state agency, or the executive head of a state
  agency.
         Sec. 411.0252.  OFFENSES AGAINST PUBLIC ADMINISTRATION. For
  purposes of this subchapter, the following are offenses against
  public administration:
               (1)  an offense under Title 8, Penal Code, committed by
  a state officer or a state employee in connection with the powers
  and duties of the state office or state employment;
               (2)  an offense under Chapter 301, 302, 571, 572, or
  2004 committed by a state officer or a state employee in connection
  with the powers and duties of the state office or state employment
  or by a candidate for state office;
               (3)  an offense under Chapter 573 committed by a state
  officer in connection with the powers and duties of the state
  office; and
               (4)  an offense under Title 15, Election Code,
  committed in connection with:
                     (A)  a campaign for or the holding of state
  office; or
                     (B)  an election on a proposed constitutional
  amendment.
         Sec. 411.0253.  PUBLIC INTEGRITY UNIT. (a)  The Texas
  Rangers division of the department shall establish and support a
  public integrity unit.
         (b)  On receiving a formal or informal complaint regarding an
  offense against public administration or on request of a
  prosecuting attorney or law enforcement agency, the public
  integrity unit may perform an initial investigation into whether a
  person has committed an offense against public administration.
         (c)  The Texas Rangers have authority to investigate an
  offense against public administration, any lesser included
  offense, and any other offense arising from conduct that
  constitutes an offense against public administration.
         (d)  If an initial investigation by the public integrity unit
  demonstrates a reasonable suspicion that an offense against public
  administration occurred, the matter shall be referred to the
  prosecuting attorney of the county in which venue is proper under
  Section 411.0256 or Chapter 13, Code of Criminal Procedure, as
  applicable.
         (e)  The public integrity unit shall, on request of the
  prosecuting attorney described by Subsection (d), assist the
  attorney in the investigation of an offense against public
  administration.
         Sec. 411.0254.  NOTIFICATION REGARDING DISPOSITION OF CASE.
  The prosecuting attorney shall notify the public integrity unit of:
               (1)  the termination of a case investigated by the
  public integrity unit; or
               (2)  the results of the final disposition of a case
  investigated by the public integrity unit, including the final
  adjudication or entry of a plea.
         Sec. 411.0255.  RECUSAL OF PROSECUTING ATTORNEY; SELECTION
  OF PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE
  JUDICIAL REGION. (a)  In this section, "judges" means the presiding
  judges of the administrative judicial regions.
         (b)  A prosecuting attorney may request that the court with
  jurisdiction over the complaint permit the attorney to recuse
  himself or herself for good cause in a case investigated under this
  subchapter, and on submitting the notice of recusal, the attorney
  is disqualified.
         (c)  Following the recusal of a prosecuting attorney under
  Subsection (b), the judges shall appoint a prosecuting attorney
  from another county in that administrative judicial region by
  majority vote. A prosecuting attorney selected under this
  subsection has the authority to represent the state in the
  prosecution of the offense.
         (d)  The prosecutor selected under this section may pursue a
  waiver to extend the statute of limitations by no more than two
  years. If the waiver adds less than two years to limitations, the
  prosecutor may pursue a successive waiver for good cause shown to
  the court, providing that the total time of all waivers does not
  exceed two years.
         Sec. 411.0256.  VENUE. Notwithstanding Chapter 13, Code of
  Criminal Procedure, or other law, if the defendant is a natural
  person, venue for prosecution of an offense against public
  administration and lesser included offenses arising from the same
  transaction is the county in which the defendant resided at the time
  the offense was committed.
         Sec. 411.0257.  RESIDENCE. For the purposes of this
  subchapter, a person resides in the county where that person:
               (1)  claims a residence homestead under Chapter 41,
  Property Code, if that person is a member of the legislature;
               (2)  claimed to be a resident before being subject to
  residency requirements under Article IV, Texas Constitution, if
  that person is a member of the executive branch of this state;
               (3)  claims a residence homestead under Chapter 41,
  Property Code, if that person is a justice on the supreme court or
  judge on the court of criminal appeals; or
               (4)  otherwise claims residence if no other provision
  of this section applies.
         Sec. 411.0258.  COOPERATION OF STATE AGENCIES AND LOCAL LAW
  ENFORCEMENT AGENCIES. (a)  To the extent allowed by law, a state
  agency or local law enforcement agency shall cooperate with the
  public integrity unit and prosecuting attorney by providing
  resources and information requested by the unit as necessary to
  carry out the purposes of this subchapter.
         (b)  Information disclosed under this section is
  confidential and not subject to disclosure under Chapter 552.
         Sec. 411.0259.  SUBPOENAS. (a)  In connection with an
  investigation of an alleged offense against public administration,
  the public integrity unit may issue a subpoena to compel the
  production, for inspection or copying, of relevant evidence that is
  in this state.
         (b)  A subpoena may be served personally or by certified
  mail.
         (c)  If a person fails to comply with a subpoena, the public
  integrity unit, acting through the general counsel of the
  department, may file suit to enforce the subpoena in a district
  court in this state.  On finding that good cause exists for issuing
  the subpoena, the court shall order the person to comply with the
  subpoena. The court may punish a person who fails to obey the court
  order.
         SECTION 2.  Chapter 41, Government Code, is amended by
  adding Subchapter F to read as follows:
  SUBCHAPTER F. PAYMENTS FOR PUBLIC INTEGRITY PROSECUTIONS
         Sec. 41.351.  DEFINITIONS. In this subchapter:
               (1)  "Offense against public administration" means an
  offense described by Section 411.0252.
               (2)  "Prosecuting attorney" means a county attorney,
  district attorney, or criminal district attorney.
         Sec. 41.352.  PAYMENT FOR EXTRAORDINARY COSTS OF
  PROSECUTION. The comptroller shall pay from funds appropriated to
  the comptroller's judiciary section, from appropriations made
  specifically for enforcement of this section, reasonable amounts
  incurred by a prosecuting attorney for extraordinary costs of
  prosecution of an offense against public administration.
         SECTION 3.  Sections 301.027(b) and (c), Government Code,
  are amended to read as follows:
         (b)  If the president of the senate or speaker receives a
  report or statement of facts as provided by Subsection (a), the
  president of the senate or speaker shall certify the statement of
  facts to the appropriate prosecuting [Travis County district]
  attorney as provided under Section 411.0253(d) under the seal of
  the senate or house of representatives, as appropriate.
         (c)  The prosecuting [Travis County district] attorney to
  whom a statement of facts is certified under Subsection (a) or the
  prosecutor selected under Section 411.0255, if applicable, shall
  bring the matter before the grand jury for action. If the grand
  jury returns an indictment, the prosecuting [district] attorney
  shall prosecute the indictment.
         SECTION 4.  Section 411.022, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An officer of the Texas Rangers has the authority to
  investigate offenses against public administration prosecuted
  under Subchapter B-1.
         SECTION 5.  (a) Not later than three months after the
  effective date of this Act, the Department of Public Safety shall
  establish the public integrity unit under Subchapter B-1, Chapter
  411, Government Code, as added by this Act.
         (b)  Subchapter B-1, Chapter 411, Government Code, as added
  by this Act, applies only to the investigation and prosecution of an
  offense under Subchapter B-1, Chapter 411, Government Code,
  committed on or after the date that the Department of Public Safety
  establishes the public integrity unit. For purposes of this
  subsection, an offense is committed if any element of the offense
  occurs before the date described by this subsection.
         (c)  The prosecution of an offense committed before the date
  described in Subsection (b) of this section is covered by the law in
  effect when the offense was committed, and the former law is
  continued in effect for that purpose.
         SECTION 6.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this Act are severable.
         SECTION 7.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1690 was passed by the House on April
  21, 2015, by the following vote:  Yeas 95, Nays 49, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1690 on May 27, 2015, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1690 on May 30, 2015, by the following vote:  Yeas 96,
  Nays 51, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1690 was passed by the Senate, with
  amendments, on May 25, 2015, by the following vote:  Yeas 20, Nays
  11; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1690 on May 30, 2015, by the following vote:  Yeas 20, Nays 11.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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