By: King of Parker, et al. H.B. No. 1690
        (Senate Sponsor - Huffman)
         (In the Senate - Received from the House April 22, 2015;
  May 6, 2015, read first time and referred to Committee on State
  Affairs; May 24, 2015, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 2;
  May 24, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1690 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the investigation and prosecution of offenses against
  public administration, including ethics offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. PUBLIC INTEGRITY UNIT
         Sec. 411.0251.  DEFINITIONS.  In this subchapter:
               (1)  "Offense" means a prohibited act for which state
  law imposes a criminal or civil penalty.
               (2)  "Prosecuting attorney" means a district attorney,
  criminal district attorney, or county attorney.
         Sec. 411.0252.  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. 411.0253.  PUBLIC INTEGRITY UNIT. (a)  The Texas
  Rangers division of the department shall establish and support a
  public integrity unit.
         (b)  On receiving a formal or informal complaint regarding an
  offense against public administration or on request of a
  prosecuting attorney or law enforcement agency, the public
  integrity unit may perform an initial investigation into whether a
  person has committed an offense against public administration.
         (c)  The Texas Rangers have authority to investigate an
  offense against public administration, any lesser included
  offense, and any other offense arising from conduct that
  constitutes an offense against public administration.
         (d)  If an initial investigation by the public integrity unit
  demonstrates a reasonable suspicion that an offense against public
  administration occurred, the matter shall be referred to the
  prosecuting attorney of the county in which venue is proper under
  Section 411.0256 or Chapter 13, Code of Criminal Procedure, as
  applicable.
         (e)  The public integrity unit shall, on request of the
  prosecuting attorney described by Subsection (d), assist the
  attorney in the investigation of an offense against public
  administration.
         Sec. 411.0254.  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; or
               (2)  the results of the final disposition of a case
  investigated by the public integrity unit, including the final
  adjudication or entry of a plea.
         Sec. 411.0255.  RECUSAL OF PROSECUTING ATTORNEY; SELECTION
  OF PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE
  JUDICIAL REGION. (a)  A prosecuting attorney may request that the
  presiding judge of the administrative judicial region containing
  the county served by that attorney permit the attorney to recuse
  himself or herself for good cause in a case investigated under this
  subchapter, and on submitting the notice of recusal, 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. A prosecuting attorney appointed under this
  subsection has the authority to represent the state in the
  prosecution of the offense.
         Sec. 411.0256.  VENUE. Notwithstanding Chapter 13, Code of
  Criminal Procedure, or other law, if the defendant is a natural
  person, venue for prosecution of an offense against public
  administration and lesser included offenses arising from the same
  transaction is the county in which the defendant resides.
         Sec. 411.0257.  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. 411.0258.  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 resources and 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. 411.0259.  SUBPOENAS. (a)  In connection with an
  investigation of an alleged offense against public administration,
  the public integrity unit may issue a subpoena to compel the
  attendance of a relevant witness or the production, for inspection
  or copying, of relevant evidence that is in this state.
         (b)  A subpoena may be served personally or by certified
  mail.
         (c)  If a person fails to comply with a subpoena, the public
  integrity unit, acting through the general counsel of the
  department, may file suit to enforce the subpoena in a district
  court in this state. On finding that good cause exists for issuing
  the subpoena, the court shall order the person to comply with the
  subpoena. The court may punish a person who fails to obey the court
  order.
         SECTION 2.  Chapter 41, Government Code, is amended by
  adding Subchapter F to read as follows:
  SUBCHAPTER F. PAYMENTS FOR PUBLIC INTEGRITY PROSECUTIONS
         Sec. 41.351.  DEFINITIONS. In this subchapter:
               (1)  "Offense against public administration" means an
  offense described by Section 411.0252.
               (2)  "Prosecuting attorney" means a county attorney,
  district attorney, or criminal district attorney.
         Sec. 41.352.  PAYMENT FOR EXTRAORDINARY COSTS OF
  PROSECUTION. The comptroller shall pay from funds appropriated to
  the comptroller's judiciary section, from appropriations made
  specifically for enforcement of this section, reasonable amounts
  incurred by a prosecuting attorney for extraordinary costs of
  prosecution of an offense against public administration.
         SECTION 3.  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 411.0253(d) 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 411.0255, 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 4.  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 B-1.
         SECTION 5.  (a) Not later than three months after the
  effective date of this Act, the Department of Public Safety shall
  establish the public integrity unit under Subchapter B-1, Chapter
  411, Government Code, as added by this Act.
         (b)  Subchapter B-1, Chapter 411, Government Code, as added
  by this Act, applies only to the investigation and prosecution of an
  offense under Subchapter B-1, Chapter 411, Government Code,
  committed on or after the date that the Department of Public Safety
  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 6.  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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