H.B. No. 3099

	AN ACT
	relating to the office of inspector general of the Department of
	Public Safety.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 411, Government Code, is amended by
	adding Subchapter I-1, and a heading is added to that subchapter to
	read as follows:
	SUBCHAPTER I-1. OFFICE OF INSPECTOR GENERAL
	SECTION 2.  Section 411.244, Government Code, is transferred
	to Subchapter I-1, Chapter 411, Government Code, as added by this
	Act, redesignated as Section 411.251, Government Code, and amended,
	and Subchapter I-1, Chapter 411, Government Code, is amended by
	adding Sections 411.252, 411.253, 411.254, 411.255, and 411.256 to
	read as follows:
	Sec. 411.251  [411.244].  ESTABLISHMENT AND PURPOSE [OFFICE
	OF INSPECTOR GENERAL].  (a)  The commission shall establish the
	office of inspector general.
	(b)  The office of inspector general[, which] is responsible
	for:
	(1)  acting to prevent and detect serious breaches of
	departmental policy, fraud, and abuse of office, including any acts
	of criminal conduct within the department; and
	(2)  independently and objectively reviewing,
	investigating, delegating [an investigation], and overseeing the
	investigation [of administrative and all other allegations] of:
	(A)  conduct described [referred to] in
	Subdivision (1);
	(B)  [(a)(1) above and the following:
	[(A)]  criminal activity occurring in all
	divisions of the department;
	(C) [(B)]  allegations of wrongdoing by
	department employees;
	(D) [(C)]  crimes committed on department
	property; and
	(E) [(D)]  serious breaches of department policy.
	Sec. 411.252.  OVERSIGHT OF INVESTIGATIONS. (a)  [(b)] The
	office of inspector general has departmental jurisdiction for
	oversight and coordination over all investigations occurring on
	department property or involving department employees.
	(b)  The office shall coordinate and provide oversight, but
	is [need] not required to conduct[,] all investigations under this
	subchapter [section].
	(c)  The inspector general shall delegate any investigation
	considered potentially appropriate for criminal prosecution
	[allegations arising under this section] to the Texas Ranger
	division or the criminal investigations [Criminal Law Enforcement]
	division of the department for investigation or referral back to
	the inspector general for further action.
	(d)  The [However the] inspector general shall continually
	monitor an investigation referred to another division of the
	department under Subsection (c), [referred matters] and the
	inspector general and the division shall report to the commission
	[along with any other division investigating a matter] on the [its]
	status of the investigation while pending.
	Sec. 411.253.  INITIATION OF INVESTIGATIONS. The office of
	inspector general may only initiate an investigation based on:
	(1)  authorization from the commission;
	(2)  approval of the inspector general or deputy
	inspector general;
	(3)  approval of the director, a deputy director, an
	assistant director of the Texas Rangers, or an assistant director
	of the criminal investigations division for criminal
	investigations; or
	(4)  commission rules or approved commission policies
	[(c)     An investigation under this section may be initiated only by
	the director or the commission].
	Sec. 411.254.  COMMISSION APPOINTMENT AND OVERSIGHT. (a)
	The commission shall appoint the inspector general and may appoint
	a deputy inspector general. The inspector general serves until
	removed by the commission.
	(b)  The inspector general is not required to be a peace
	officer as that term is defined by Article 2.12, Code of Criminal
	Procedure. The commission or director may commission the inspector
	general as a commissioned peace officer of the department if the
	inspector general holds a permanent peace officer license issued
	under Chapter 1701, Occupations Code.
	(c) [(d)]  The commission has direct oversight over the
	office of inspector general, including decisions regarding budget
	and staffing.  The [commission shall appoint the] inspector general
	shall coordinate with the director for administrative support as
	provided by the commission.
	(d)  [The inspector general serves until removed by the
	commission.]  The commission shall establish policies to ensure
	that the commission continues to oversee the office of inspector
	general as required by this section [subsection] and to ensure that
	the office of inspector general retains and exercises its original
	jurisdiction under Section 411.252 [Subsection (b)].
	Sec. 411.255.  REPORTS. (a)  [(e)] The inspector general
	shall report directly to the commission regarding performance of
	and activities related to investigations[, report to the director
	for administrative purposes,] and provide the director with
	information regarding investigations as appropriate.
	(b) [(f)]  The inspector general shall present at each
	regularly scheduled commission meeting and at other appropriate
	times:
	(1)  reports of investigations; and
	(2)  a summary of information relating to
	investigations conducted under this subchapter [section] that
	includes analysis of the number, type, and outcome of
	investigations, trends in the investigations, and recommendations
	to avoid future complaints.
	Sec. 411.256.  AUTHORITY OF STATE AUDITOR.  [(g)]  This
	chapter or other law related to the operation of the department's
	office of inspector general does not preempt the authority of the
	state auditor to conduct an audit or investigation under Chapter
	321 or other law.
	SECTION 3.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3099 was passed by the House on May 3,
	2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3099 on May 27, 2011, by the following vote:  Yeas 140, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3099 was passed by the Senate, with
	amendments, on May 25, 2011, by the following vote:  Yeas 31, Nays
	0
	.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor