84R18318 MK-D
 
  By: King of Parker, Bonnen of Brazoria, H.B. No. 1690
      Davis of Harris, Sheets, Smithee, et al.
 
  Substitute the following for H.B. No. 1690:
 
  By:  Larson C.S.H.B. No. 1690
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
               (3)  "Public integrity prosecution" means the
  prosecution of an offense against public administration under
  Section 41.352.
         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.  INVESTIGATION OF PUBLIC INTEGRITY OFFENSES.
  (a) The investigation of a formal or informal complaint alleging an
  offense against public administration under this subchapter shall
  be conducted by an officer of the Texas Rangers. 
         (b)  If an investigation conducted by the Texas Rangers of a
  complaint alleging an offense against public administration
  demonstrates a reasonable suspicion that the offense alleged in the
  complaint occurred, the officer of the Texas Rangers conducting the
  investigation shall refer the complaint to the appropriate
  prosecutor of the county in which venue is proper under Section
  41.357.
         Sec. 41.354.  RECUSAL OF PROSECUTOR. (a) In this section,
  "judges" means the presiding judges of the administrative judicial
  regions.
         (b)  A prosecutor to whom a complaint has been referred under
  Section 41.353(b) may request that the court with jurisdiction over
  the complaint permit the prosecutor to be recused from the case for
  good cause. If the court approves the request, the prosecutor shall
  be considered disqualified.
         (c)  Following the recusal of a prosecutor under Subsection
  (b), the judges shall select the prosecutor for prosecution of the
  complaint by a majority vote. The prosecutor for an offense against
  public administration must represent another county within the same
  administrative judicial region as the county in which venue is
  proper under Section 41.357.
         (d)  In selecting a prosecutor under this section, the judges
  shall consider the proximity of the county or district represented
  by the prosecutor to the county in which venue is proper under
  Section 41.357.
         (e)  The prosecutor selected to prosecute the public
  integrity offense under this section may pursue a waiver to extend
  the statute of limitations for the offense only with the approval of
  a majority of the judges. 
         Sec. 41.355.  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
  prosecutor of a public integrity prosecution by providing
  information requested by the 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. 41.356.  CONFLICT OF INTEREST. (a) The Texas Rangers
  may refer the investigation of a complaint alleging an offense
  against public administration involving a person who is a member of
  the executive branch to the local law enforcement agency that would
  otherwise have authority to investigate the complaint, if a
  conflict of interest arises from the conduct of an investigation by
  the officers of the Texas Rangers.
         (b)  Local law enforcement must comply with all requirements
  of this subchapter in conducting an investigation of a complaint
  alleging an offense against public administration as provided by
  this section. 
         Sec. 41.357.  VENUE. (a) Notwithstanding Chapter 13, Code
  of Criminal Procedure, or any other law, and except as provided by
  Subsection (b), if the defendant is a natural person, venue for a
  prosecution under this subchapter is the county in which the
  defendant resides.
         (b)  If the defendant holds an office of the executive branch
  subject to a residency requirement under Article IV, Texas
  Constitution, venue for a prosecution under this subchapter is the
  county in which the defendant resided at the time the defendant was
  elected to that office or another office of the executive branch
  subject to that requirement that the defendant held immediately
  before being elected to the office being held by the defendant. 
         Sec. 41.358.  PROSECUTION OF CERTAIN OFFENSES BY ATTORNEY
  GENERAL. Nothing in this subchapter shall be construed as limiting
  the authority of the attorney general to prosecute offenses under
  Section 273.021, Election Code.
         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 appropriate prosecuting [Travis County district]
  attorney as provided under Section 41.353(b) 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 41.354(c), 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 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.