Bill Text: TX HB776 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of a public integrity unit in the office of the attorney general to prosecute offenses against public administration, including ethics offenses, and offenses involving insurance fraud or the imposition of the motor fuels tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-26 - Referred to General Investigating & Ethics [HB776 Detail]
Download: Texas-2015-HB776-Introduced.html
84R3032 ATP-D | ||
By: Riddle | H.B. No. 776 |
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relating to the creation of a public integrity unit in the office of | ||
the attorney general to prosecute offenses against public | ||
administration, including ethics offenses, and offenses involving | ||
insurance fraud or the imposition of the motor fuels tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 402, Government Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. PUBLIC INTEGRITY UNIT | ||
Sec. 402.101. 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. | ||
(3) "Prosecuting attorney" means a district attorney, | ||
criminal district attorney, or county attorney. | ||
Sec. 402.102. 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 campaign for or the holding of state | ||
office. | ||
Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For | ||
purposes of this subchapter, the following are offenses involving | ||
insurance fraud: | ||
(1) an offense under Chapter 35, Penal Code, including | ||
an offense under that chapter that involves workers' compensation | ||
insurance under Title 5, Labor Code; or | ||
(2) a fraudulent insurance act as defined by Section | ||
701.001, Insurance Code, including an act that involves workers' | ||
compensation insurance under Title 5, Labor Code. | ||
Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For | ||
purposes of this subchapter, an offense involving the motor fuels | ||
tax means an offense involving compliance with the requirements | ||
relating to the imposition of the motor fuels tax imposed under | ||
Chapter 162, Tax Code, including an offense described by Section | ||
162.403, Tax Code. | ||
Sec. 402.105. PUBLIC INTEGRITY UNIT. The public integrity | ||
unit is in the office of the attorney general. | ||
Sec. 402.106. PROSECUTION BY PUBLIC INTEGRITY UNIT. (a) In | ||
any district or county court of appropriate jurisdiction and venue, | ||
the public integrity unit may prosecute a person for: | ||
(1) an offense against public administration; | ||
(2) an offense involving insurance fraud; or | ||
(3) an offense involving the motor fuels tax. | ||
(b) The public integrity unit must assert the right to | ||
prosecute under this section in writing to the appropriate | ||
prosecuting attorney. If the unit asserts the right to prosecute | ||
under this section: | ||
(1) the unit has all the powers of the prosecuting | ||
attorney, including the power to represent the state before a grand | ||
jury; and | ||
(2) the prosecuting attorney may not prosecute the | ||
same person for the same act, but on request of the unit shall | ||
assist in the prosecution. | ||
Sec. 402.107. 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 by providing 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. 402.108. VENUE. Notwithstanding Chapter 13, Code of | ||
Criminal Procedure, or other law, if the defendant is a natural | ||
person, venue for a prosecution by the public integrity unit is in | ||
the county in which the defendant resides. | ||
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 public integrity unit of the office of the attorney | ||
general [ |
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senate or house of representatives, as appropriate. | ||
(c) The public integrity unit [ |
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If the grand jury returns an indictment, the public integrity unit | ||
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SECTION 3. Section 402.009, Government Code, is amended to | ||
read as follows: | ||
Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE | ||
OFFICERS. The attorney general may employ and commission peace | ||
officers as investigators for: | ||
(1) the limited purpose of assisting the attorney | ||
general in carrying out the duties of that office relating to | ||
prosecution assistance and crime prevention; or | ||
(2) the purpose of investigating offenses against | ||
public administration, offenses involving insurance fraud, and | ||
offenses involving the imposition of the motor fuels tax that may be | ||
prosecuted under Subchapter D. | ||
SECTION 4. Section 35.04, Penal Code, is amended to read as | ||
follows: | ||
Sec. 35.04. JURISDICTION OF ATTORNEY GENERAL. (a) As | ||
provided by Section 402.106, Government Code, the public integrity | ||
unit of the office of the attorney general may prosecute an offense | ||
under Section 35.02. | ||
(b) If the public integrity unit does not assert its right | ||
as provided by Section 402.106, Government Code, to prosecute an | ||
offense under Section 35.02, the [ |
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(1) offer to an attorney representing the state in the | ||
prosecution of the [ |
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investigative, technical, and litigation assistance of the | ||
attorney general's office; or | ||
(2) [ |
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[ |
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prosecution of the [ |
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request of the attorney representing the state [ |
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SECTION 5. (a) Not later than March 1, 2016, the attorney | ||
general shall establish the public integrity unit under Subchapter | ||
D, Chapter 402, Government Code, as added by this Act. | ||
(b) Subchapter D, Chapter 402, Government Code, as added by | ||
this Act, applies only to the prosecution of an offense against | ||
public administration, an offense involving insurance fraud, or an | ||
offense involving the imposition of the motor fuels tax committed | ||
on or after April 1, 2016. For purposes of this section, an offense | ||
is committed before April 1, 2016, if any element of the offense | ||
occurs before that date. | ||
(c) The prosecution of an offense committed before April 1, | ||
2016, is covered by the law in effect when the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose, except that a county attorney, district attorney, or | ||
criminal district attorney may, on the request of the attorney | ||
general, permit the public integrity unit established under | ||
Subchapter D, Chapter 402, Government Code, as added by this Act, to | ||
assume the prosecution of such an offense. | ||
SECTION 6. This Act takes effect January 1, 2016, but only | ||
if the constitutional amendment proposed by the 84th Legislature, | ||
Regular Session, 2015, to permit the attorney general to prosecute | ||
offenses against public administration, including ethics offenses, | ||
and offenses involving insurance fraud or the imposition of the | ||
motor fuels tax, takes effect. If that amendment is not approved by | ||
the voters, this Act has no effect. |