H.B. No. 3099
  relating to the office of inspector general of the Department of
  Public Safety.
         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:
         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
               (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].
  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
               (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
  Secretary of the Senate   
  APPROVED: __________________