By Brown S.B. No. 1075 74R7399 KLL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a probable cause ruling by the Texas Ethics Commission 1-3 concerning an offense involving a public servant's misuse of a 1-4 thing of value belonging to the government or violation of a law 1-5 relating to the public servant's office or employment; providing a 1-6 criminal penalty. 1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-8 SECTION 1. Chapter 39, Penal Code, is amended by adding 1-9 Section 39.021 to read as follows: 1-10 Sec. 39.021. PROBABLE CAUSE RULING BY TEXAS ETHICS 1-11 COMMISSION. (a) On the written request of a prosecuting attorney, 1-12 the Texas Ethics Commission by majority vote shall issue a ruling 1-13 as to whether the commission believes there is probable cause to 1-14 believe a public servant committed an offense under Section 39.02. 1-15 (b) The ruling must be issued as soon as possible, but not 1-16 later than the 14th day after the date the commission receives the 1-17 request. 1-18 (c) A grand jury may not consider an indictment against a 1-19 public servant for an offense under Section 39.02 unless the grand 1-20 jury first receives a ruling under this section. 1-21 (d) The grand jury shall consider the commission ruling but 1-22 is not bound by the ruling and may return an indictment or refuse 1-23 to return an indictment regardless of the conclusion in the 1-24 commission ruling. 2-1 (e) A request for a ruling under this section, proceedings 2-2 of the commission relating to the issuance of the ruling, the text 2-3 of the ruling, and the deliberations of the grand jury relating to 2-4 the ruling are confidential and may not be disclosed, except that 2-5 the text of the ruling may be disclosed if entered into evidence at 2-6 a criminal trial. 2-7 (f) A person commits an offense if the person discloses 2-8 information made confidential by this section. An offense under 2-9 this subsection is a Class A misdemeanor. 2-10 SECTION 2. The change in law made by this Act applies only 2-11 to an offense committed on or after the effective date of this Act. 2-12 An offense committed before the effective date of this Act is 2-13 covered by the law in effect when the offense was committed, and 2-14 the former law is continued in effect for that purpose. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.