84R3032 ATP-D
 
  By: Riddle H.B. No. 776
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [Travis County district attorney] under the seal of the
  senate or house of representatives, as appropriate.
         (c)  The public integrity unit [Travis County district
  attorney] shall bring the matter before the grand jury for action.
  If the grand jury returns an indictment, the public integrity unit
  [district attorney] shall prosecute the indictment.
         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 [The] attorney general may:
               (1)  offer to an attorney representing the state in the
  prosecution of the [an] offense [under Section 35.02] the
  investigative, technical, and litigation assistance of the
  attorney general's office; or
               (2)  [.
         [(b)  The attorney general may prosecute or] assist in the
  prosecution of the [an] offense [under Section 35.02] on the
  request of the attorney representing the state [described by
  Subsection (a)].
         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.