Bill Text: TX HB1690 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
84R9092 MK-D | ||
By: King of Parker | H.B. No. 1690 |
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relating to the prosecution of offenses against public | ||
administration, including ethics offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 41, Government Code, is amended by | ||
adding Subchapter F to read as follows: | ||
SUBCHAPTER F. PUBLIC INTEGRITY PROSECUTIONS | ||
Sec. 41.351. DEFINITIONS. In this subchapter: | ||
(1) "Offense" means a prohibited act for which state | ||
law imposes a criminal or civil penalty. | ||
(2) "Prosecute" means represent the state to impose a | ||
criminal or civil penalty. | ||
Sec. 41.352. 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, 305, 571, 572, | ||
or 2004; | ||
(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. 41.353. SPECIAL PROSECUTOR FOR PUBLIC INTEGRITY | ||
OFFENSES. (a) The chief justice of the supreme court shall appoint | ||
a special prosecutor for public integrity offenses. | ||
(b) In any district or county court of appropriate | ||
jurisdiction and venue, the special prosecutor for public integrity | ||
offenses has the authority to prosecute a person for an offense | ||
against public administration. | ||
(c) The supreme court shall provide funds for use by the | ||
special prosecutor for public integrity offenses to pay costs | ||
incurred as a result of the prosecution of an offense under this | ||
subchapter. | ||
(d) The special prosecutor for public integrity offenses | ||
serves for a two-year term. | ||
(e) The supreme court may adopt rules governing the | ||
operations of the special prosecutor for public integrity offenses. | ||
Sec. 41.354. 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 | ||
special prosecutor for public integrity offenses prosecuting an | ||
offense against public administration by providing information | ||
requested by the special prosecutor 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. 41.355. CONFLICT OF INTEREST. In the event of an | ||
investigation of an offense against public administration | ||
involving a person who is a member of the executive branch, the | ||
special prosecutor for public integrity offenses may use | ||
investigators other than officers of the Texas Rangers if the | ||
special prosecutor believes that an investigation conducted by the | ||
officers of the Texas Rangers would be a conflict of interest. | ||
SECTION 2. 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 special prosecutor for public integrity offenses under | ||
Subchapter F, Chapter 41, [ |
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the seal of the senate or house of representatives, as appropriate. | ||
(c) The special prosecutor for public integrity offenses | ||
[ |
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grand jury for action. If the grand jury returns an indictment, the | ||
special prosecutor [ |
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indictment. | ||
SECTION 3. 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 F, Chapter 41. | ||
SECTION 4. Subchapter F, Chapter 41, Government Code, as | ||
added by this Act, applies only to the prosecution of an offense | ||
against public administration committed on or after September 1, | ||
2015. For purposes of this section, an offense is committed before | ||
September 1, 2015, if any element of the offense occurs before that | ||
date. | ||
SECTION 5. This Act takes effect September 1, 2015. |