Bill Text: TX SB10 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prosecution of offenses against public administration, including ethics offenses.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2015-05-27 - Point of order sustained [SB10 Detail]
Download: Texas-2015-SB10-Comm_Sub.html
Bill Title: Relating to the prosecution of offenses against public administration, including ethics offenses.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2015-05-27 - Point of order sustained [SB10 Detail]
Download: Texas-2015-SB10-Comm_Sub.html
By: Huffman | S.B. No. 10 | |
(In the Senate - Filed March 4, 2015; March 4, 2015, read | ||
first time and referred to Committee on State Affairs; | ||
March 18, 2015, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 2; March 18, 2015, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 10 | By: Huffman |
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relating to the investigation and prosecution of 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) a campaign for or the holding of state | ||
office; or | ||
(B) an election on a proposed constitutional | ||
amendment. | ||
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 motor fuels tax | ||
means a felony offense under Section 162.403, Tax Code. | ||
Sec. 402.105. PUBLIC INTEGRITY UNIT. (a) The office of | ||
the attorney general shall establish and support a public integrity | ||
unit consisting of: | ||
(1) the attorneys and staff employed by the attorney | ||
general to investigate and support prosecution of offenses | ||
described by this subchapter; and | ||
(2) one commissioned officer of the Texas Rangers | ||
division of the Department of Public Safety, selected within the | ||
department, to assist with each investigation conducted by the | ||
attorney general and verify the resulting findings. | ||
(b) The prosecuting attorney described by Section | ||
402.106(c) or 402.107(b) serves as part of the public integrity | ||
unit from the date a matter is referred to the attorney under | ||
Section 402.106(c) or the attorney is appointed under Section | ||
402.107(b) until: | ||
(1) the date on which the investigation for an offense | ||
under this subchapter officially ceases; or | ||
(2) the date on which any prosecution of an offense | ||
under this subchapter is fully adjudicated. | ||
Sec. 402.106. INVESTIGATION AND PROSECUTION ASSISTANCE BY | ||
PUBLIC INTEGRITY UNIT. (a) On receiving a formal or informal | ||
complaint regarding an offense described by this subsection or on | ||
request of a prosecuting attorney, the public integrity unit may | ||
perform an initial investigation into whether a person has | ||
committed: | ||
(1) an offense against public administration; | ||
(2) an offense involving insurance fraud; or | ||
(3) an offense involving motor fuels tax. | ||
(b) The commissioned officer of the Texas Rangers division | ||
of the Department of Public Safety serving on the public integrity | ||
unit shall provide assistance for an initial investigation under | ||
Subsection (a) and verify the findings made by the unit. | ||
(c) If an initial investigation by the public integrity unit | ||
demonstrates a reasonable suspicion that an offense described by | ||
Subsection (a) occurred, the matter shall be referred to the | ||
prosecuting attorney of the county in which venue is proper under | ||
Section 402.109 or Chapter 13, Code of Criminal Procedure, as | ||
applicable. | ||
(d) The public integrity unit shall, on request of the | ||
prosecuting attorney described by Subsection (c), assist the | ||
attorney in the investigation and prosecution of an offense under | ||
this subchapter. | ||
(e) If the public integrity unit is assisting in a | ||
prosecution as provided by Subsection (d): | ||
(1) the public integrity unit may exercise the powers | ||
as necessary to accomplish the assistance; and | ||
(2) the prosecuting attorney described by Subsection | ||
(c) retains the authority to represent the state in the district and | ||
inferior courts in the prosecution of the offense. | ||
Sec. 402.107. RECUSAL OF PROSECUTING ATTORNEY; SELECTION OF | ||
PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL | ||
REGION. (a) A prosecuting attorney may request that the court | ||
permit the attorney to recuse himself or herself in a case for good | ||
cause, and on approval by the court, the attorney is disqualified. | ||
(b) On recusal of a prosecuting attorney under Subsection | ||
(a), the presiding judge of the administrative judicial region | ||
containing the county served by that attorney shall appoint a | ||
prosecuting attorney from another county in that administrative | ||
judicial region. | ||
Sec. 402.108. 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 for insufficient evidence; or | ||
(2) the results of the final adjudication of a case | ||
investigated by the public integrity unit. | ||
Sec. 402.109. VENUE. Notwithstanding Chapter 13, Code of | ||
Criminal Procedure, or other law, if the defendant is a natural | ||
person, venue for prosecution of an offense under Section | ||
402.106(a)(1) is the county in which the defendant resides. | ||
Sec. 402.110. 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. 402.111. 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. | ||
SECTION 2. 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 under | ||
Subchapter D. | ||
SECTION 3. (a) Not later than three months after the | ||
effective date of this Act, 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 under | ||
Subchapter D, Chapter 402, Government Code, committed on or after | ||
the date that the attorney general 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 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
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