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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, and offenses |
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involving insurance fraud or the imposition of the motor fuels tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 402, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PUBLIC INTEGRITY UNIT |
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Sec. 402.101. 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) "Prosecute" means represent the state to impose a |
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criminal or civil penalty. |
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(3) "Prosecuting attorney" means a district attorney, |
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criminal district attorney, or county attorney. |
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Sec. 402.102. 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. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For |
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purposes of this subchapter, the following are offenses involving |
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insurance fraud: |
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(1) an offense under Chapter 35, Penal Code, including |
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an offense under that chapter that involves workers' compensation |
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insurance under Title 5, Labor Code; or |
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(2) a fraudulent insurance act as defined by Section |
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701.001, Insurance Code, including an act that involves workers' |
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compensation insurance under Title 5, Labor Code. |
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Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For |
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purposes of this subchapter, an offense involving motor fuels tax |
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means a felony offense under Section 162.403, Tax Code. |
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Sec. 402.105. PUBLIC INTEGRITY UNIT. (a) The office of |
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the attorney general shall establish and support a public integrity |
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unit consisting of: |
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(1) the attorneys and staff employed by the attorney |
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general to investigate and support prosecution of offenses |
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described by this subchapter; and |
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(2) one commissioned officer of the Texas Rangers |
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division of the Department of Public Safety, selected within the |
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department, to assist with each investigation conducted by the |
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attorney general and verify the resulting findings. |
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(b) The prosecuting attorney described by Section |
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402.106(c) or 402.107(b) serves as part of the public integrity |
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unit from the date a matter is referred to the attorney under |
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Section 402.106(c) or the attorney is appointed under Section |
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402.107(b) until: |
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(1) the date on which the investigation for an offense |
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under this subchapter officially ceases; or |
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(2) the date on which any prosecution of an offense |
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under this subchapter is fully adjudicated. |
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Sec. 402.106. INVESTIGATION AND PROSECUTION ASSISTANCE BY |
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PUBLIC INTEGRITY UNIT. (a) On receiving a formal or informal |
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complaint regarding an offense described by this subsection or on |
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request of a prosecuting attorney, the public integrity unit may |
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perform an initial investigation into whether a person has |
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committed: |
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(1) an offense against public administration; |
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(2) an offense involving insurance fraud; or |
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(3) an offense involving motor fuels tax. |
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(b) The commissioned officer of the Texas Rangers division |
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of the Department of Public Safety serving on the public integrity |
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unit shall provide assistance for an initial investigation under |
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Subsection (a) and verify the findings made by the unit. |
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(c) If an initial investigation by the public integrity unit |
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demonstrates a reasonable suspicion that an offense described by |
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Subsection (a) 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 402.109 or Chapter 13, Code of Criminal Procedure, as |
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applicable. |
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(d) The public integrity unit shall, on request of the |
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prosecuting attorney described by Subsection (c), assist the |
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attorney in the investigation and prosecution of an offense under |
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this subchapter. |
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(e) If the public integrity unit is assisting in a |
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prosecution as provided by Subsection (d): |
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(1) the public integrity unit may exercise the powers |
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as necessary to accomplish the assistance; and |
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(2) the prosecuting attorney described by Subsection |
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(c) retains the authority to represent the state in the district and |
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inferior courts in the prosecution of the offense. |
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Sec. 402.107. RECUSAL OF PROSECUTING ATTORNEY; SELECTION OF |
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PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL |
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REGION. (a) A prosecuting attorney may request that the court |
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permit the attorney to recuse himself or herself in a case for good |
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cause, and on approval by the court, the attorney 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. |
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Sec. 402.108. 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 for insufficient evidence; or |
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(2) the results of the final adjudication of a case |
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investigated by the public integrity unit. |
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Sec. 402.109. 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 under Section |
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402.106(a)(1) is the county in which the defendant resides. |
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Sec. 402.110. 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. 402.111. 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 information requested by the |
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unit as necessary to carry out the purposes of this 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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SECTION 2. Section 402.009, Government Code, is amended to |
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read as follows: |
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Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE |
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OFFICERS. The attorney general may employ and commission peace |
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officers as investigators for: |
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(1) the limited purpose of assisting the attorney |
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general in carrying out the duties of that office relating to |
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prosecution assistance and crime prevention; or |
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(2) the purpose of investigating offenses under |
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Subchapter D. |
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SECTION 3. (a) Not later than three months after the |
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effective date of this Act, the attorney general shall establish |
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the public integrity unit under Subchapter D, Chapter 402, |
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Government Code, as added by this Act. |
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(b) Subchapter D, Chapter 402, Government Code, as added by |
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this Act, applies only to the prosecution of an offense under |
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Subchapter D, Chapter 402, Government Code, committed on or after |
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the date that the attorney general establishes the public integrity |
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unit. For purposes of this subsection, an offense is committed if |
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any element of the offense occurs before the date described by this |
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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 4. 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. |
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