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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation and prosecution of offenses against |
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public administration, including ethics offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. PUBLIC INTEGRITY UNIT |
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Sec. 411.0251. DEFINITIONS. In this subchapter: |
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(1) "Offense" means a prohibited act for which state |
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law imposes a criminal or civil penalty. |
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(2) "Prosecuting attorney" means a district attorney, |
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criminal district attorney, or county attorney. |
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Sec. 411.0252. OFFENSES AGAINST PUBLIC ADMINISTRATION. For |
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purposes of this subchapter, the following are offenses against |
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public administration: |
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(1) an offense under Title 8, Penal Code, committed by |
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a state officer or a state employee in connection with the powers |
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and duties of the state office or state employment; |
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(2) an offense under Chapter 301, 302, 305, 571, 572, |
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or 2004; |
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(3) an offense under Chapter 573 committed by a state |
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officer in connection with the powers and duties of the state |
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office; and |
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(4) an offense under Title 15, Election Code, |
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committed in connection with: |
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(A) a campaign for or the holding of state |
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office; or |
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(B) an election on a proposed constitutional |
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amendment. |
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Sec. 411.0253. PUBLIC INTEGRITY UNIT. (a) The Texas |
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Rangers division of the department shall establish and support a |
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public integrity unit. |
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(b) On receiving a formal or informal complaint regarding an |
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offense against public administration or on request of a |
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prosecuting attorney or law enforcement agency, the public |
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integrity unit may perform an initial investigation into whether a |
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person has committed an offense against public administration. |
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(c) The Texas Rangers have authority to investigate an |
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offense against public administration, any lesser included |
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offense, and any other offense arising from conduct that |
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constitutes an offense against public administration. |
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(d) If an initial investigation by the public integrity unit |
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demonstrates a reasonable suspicion that an offense against public |
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administration occurred, the matter shall be referred to the |
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prosecuting attorney of the county in which venue is proper under |
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Section 411.0256 or Chapter 13, Code of Criminal Procedure, as |
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applicable. |
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(e) The public integrity unit shall, on request of the |
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prosecuting attorney described by Subsection (d), assist the |
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attorney in the investigation of an offense against public |
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administration. |
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Sec. 411.0254. NOTIFICATION REGARDING DISPOSITION OF CASE. |
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The prosecuting attorney shall notify the public integrity unit of: |
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(1) the termination of a case investigated by the |
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public integrity unit; or |
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(2) the results of the final disposition of a case |
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investigated by the public integrity unit, including the final |
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adjudication or entry of a plea. |
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Sec. 411.0255. RECUSAL OF PROSECUTING ATTORNEY; SELECTION |
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OF PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE |
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JUDICIAL REGION. (a) A prosecuting attorney may request that the |
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presiding judge of the administrative judicial region containing |
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the county served by that attorney permit the attorney to recuse |
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himself or herself for good cause in a case investigated under this |
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subchapter, and on submitting the notice of recusal, the attorney |
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is disqualified. |
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(b) On recusal of a prosecuting attorney under Subsection |
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(a), the presiding judge of the administrative judicial region |
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containing the county served by that attorney shall appoint a |
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prosecuting attorney from another county in that administrative |
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judicial region. A prosecuting attorney appointed under this |
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subsection has the authority to represent the state in the |
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prosecution of the offense. |
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Sec. 411.0256. VENUE. Notwithstanding Chapter 13, Code of |
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Criminal Procedure, or other law, if the defendant is a natural |
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person, venue for prosecution of an offense against public |
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administration and lesser included offenses arising from the same |
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transaction is the county in which the defendant resides. |
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Sec. 411.0257. RESIDENCE. For the purposes of this |
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subchapter, a person resides in the county where that person: |
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(1) claims a residence homestead under Chapter 41, |
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Property Code, if that person is a member of the legislature; |
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(2) claimed to be a resident before being subject to |
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residency requirements under Article IV, Texas Constitution, if |
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that person is a member of the executive branch of this state; |
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(3) claims a residence homestead under Chapter 41, |
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Property Code, if that person is a justice on the supreme court or |
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judge on the court of criminal appeals; or |
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(4) otherwise claims residence if no other provision |
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of this section applies. |
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Sec. 411.0258. COOPERATION OF STATE AGENCIES AND LOCAL LAW |
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ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state |
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agency or local law enforcement agency shall cooperate with the |
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public integrity unit by providing resources and information |
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requested by the unit as necessary to carry out the purposes of this |
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subchapter. |
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(b) Information disclosed under this section is |
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confidential and not subject to disclosure under Chapter 552. |
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Sec. 411.0259. SUBPOENAS. (a) In connection with an |
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investigation of an alleged offense against public administration, |
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the public integrity unit may issue a subpoena to compel the |
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attendance of a relevant witness or the production, for inspection |
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or copying, of relevant evidence that is in this state. |
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(b) A subpoena may be served personally or by certified |
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mail. |
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(c) If a person fails to comply with a subpoena, the public |
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integrity unit, acting through the general counsel of the |
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department, may file suit to enforce the subpoena in a district |
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court in this state. On finding that good cause exists for issuing |
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the subpoena, the court shall order the person to comply with the |
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subpoena. The court may punish a person who fails to obey the court |
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order. |
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SECTION 2. Chapter 41, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. PAYMENTS FOR PUBLIC INTEGRITY PROSECUTIONS |
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Sec. 41.351. DEFINITIONS. In this subchapter: |
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(1) "Offense against public administration" means an |
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offense described by Section 411.0252. |
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(2) "Prosecuting attorney" means a county attorney, |
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district attorney, or criminal district attorney. |
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Sec. 41.352. PAYMENT FOR EXTRAORDINARY COSTS OF |
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PROSECUTION. The comptroller shall pay from funds appropriated to |
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the comptroller's judiciary section, from appropriations made |
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specifically for enforcement of this section, reasonable amounts |
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incurred by a prosecuting attorney for extraordinary costs of |
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prosecution of an offense against public administration. |
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SECTION 3. Sections 301.027(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) If the president of the senate or speaker receives a |
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report or statement of facts as provided by Subsection (a), the |
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president of the senate or speaker shall certify the statement of |
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facts to the appropriate prosecuting [Travis County district] |
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attorney as provided under Section 411.0253(d) under the seal of |
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the senate or house of representatives, as appropriate. |
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(c) The prosecuting [Travis County district] attorney to |
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whom a statement of facts is certified under Subsection (a) or the |
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prosecutor selected under Section 411.0255, if applicable, shall |
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bring the matter before the grand jury for action. If the grand |
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jury returns an indictment, the prosecuting [district] attorney |
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shall prosecute the indictment. |
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SECTION 4. Section 411.022, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An officer of the Texas Rangers has the authority to |
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investigate offenses against public administration prosecuted |
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under Subchapter B-1. |
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SECTION 5. (a) Not later than three months after the |
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effective date of this Act, the Department of Public Safety shall |
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establish the public integrity unit under Subchapter B-1, Chapter |
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411, Government Code, as added by this Act. |
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(b) Subchapter B-1, Chapter 411, Government Code, as added |
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by this Act, applies only to the investigation and prosecution of an |
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offense under Subchapter B-1, Chapter 411, Government Code, |
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committed on or after the date that the Department of Public Safety |
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establishes the public integrity unit. For purposes of this |
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subsection, an offense is committed if any element of the offense |
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occurs before the date described by this subsection. |
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(c) The prosecution of an offense committed before the date |
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described in Subsection (b) of this section is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |