SRC-SLL S.B. 475 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 475
By: Ogden
Criminal Justice
2-21-97
As Filed


DIGEST 

Currently, Texas does not have a law enforcement unit dedicated to
investigations involving the theft or misappropriation of state funds or
property, or investigations involving a level of expertise that is not
readily available to local law enforcement agencies.  Much of the
investigative process needed to bring such a "white collar crime" to trial
requires extensive expertise and an established protocol. It requires a
team approach which brings together prosecutors, accountants, computer
network specialists and investigators.  When the Texas Department of
Public Safety is asked to assist in an investigation of such magnitude, it
must put together a task force which borrows expert personnel from other
agencies.  Once such an investigation is complete, the task force is
dismantled -- only to be recreated for the next investigation.  The task
force approach obligates the agency to waste valuable time organizing,
coordinating, and dismantling the task force.  This bill will create the
complex crime unit to assist in or conduct such investigations. 

PURPOSE

As proposed, S.B. 475 creates the complex crime unit to assist in or
conduct investigations involving the theft or misappropriation of state
funds or property or involving a level of expertise that is not readily
available to local law enforcement agencies. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411, Government Code, by adding Subchapter I, as
follows: 

SUBCHAPTER I.  COMPLEX CRIME UNIT

Sec.  411.251.  DEFINITIONS.  Defines "attorney representing the state"
and "complex crime." 

Sec.  411.252.  COMPLEX CRIME UNIT.  Provides that the complex crime unit
is an investigatory unit within the criminal law enforcement division of
the Department of Public Safety of the State of Texas (department).
Requires the public safety director (director) to employ commissioned
peace officers and non-commissioned employees to perform duties required
of the unit.  Sets forth requirements for peace officers to be eligible to
be employed under this subsection.  Requires a non-commissioned employee,
to be eligible for employment under this section, to meet the experience,
training, and educational qualifications set by the director as
requirements for investigating or assisting in the investigation of a
crime. 

Sec.  411.253.  ASSISTANCE ON REQUEST.    Authorizes the complex crime
unit of the department, on the request of an attorney representing the
state and with the approval of the director, to assist local law
enforcement in the investigation of crime.  Authorizes the complex crime
unit of the department, on the request of the governor and with the
approval of the director, to investigate a crime involving harm to the
interests of a state agency. 

 SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.