SRC-JBJ S.B. 194 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 194
76R3718 KEL-DBy: Ogden
Criminal Justice
2/17/1999
As Filed


DIGEST 

Currently, the Texas Department of Public Safety (department) assembles a
special task force when the agency investigates a "white collar crime."
Due to the high degree of expertise required to investigate such complex
crimes, the department forms the task force by borrowing personnel from
other state agencies, who provide the necessary cooperation between
prosecutors, accountants, computer network specialists, and investigators.
However, if state funds are not involved, the State Auditor's Office does
not participate in the investigation because of lack of statutory
authority, leaving the department without forensic accounting expertise.
After an investigation, the department dismantles the task force, but
recalls the experts to investigate another complex case.   

If the department retained a highly-specialized unit within its department,
the unit would provide a consistent, concentrated resource for forensic
expertise and could offer a prosecutor computer evidence analysis, exhibit
cataloging, and expert testimony.  S.B. 194 would create a complex crime
unit within the department, and provides authority to the State Auditor's
Office to assist the department in complex crimes. 

PURPOSE

As proposed, S.B. 194 creates a complex crime unit within the Texas
Department of Public Safety (department) and provides authority to the
State Auditor's Office to assist the department in complex crimes. 

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.  Establishes that the complex crime unit
(crime unit) is an investigative crime unit within the Department of Public
Safety (department). Requires the public safety director (director) to
employ peace officers and other employees to staff the unit.  Requires an
eligible peace officer to have at least  four years of experience as a
peace officer and a professional academic degree or at least two years of
experience in a complex criminal unit.  Requires a noncommissioned employee
of a crime unit to meet qualifications set by the director. 

Sec. 411.253.  ASSISTANCE ON REQUEST.  Authorizes the crime unit to assist
local law enforcement in the investigation of a crime or to investigate a
crime involving harm to the interests of a state agency, if an attorney
representing the state or the governor request the help of the crime unit
and the director concurs with the requesting attorney or governor. 

 Sec. 411.254.  COOPERATION.  Requires the director and the state auditor
to cooperate in investigating and enforcing complex crimes, and to adopt a
memorandum of understanding setting forth their duties.  Requires the
memorandum of understanding to facilitate information  between the agencies
and to specifically permit the office of the state auditor access criminal
justice information necessary for the auditor to carry out the duties
describe by the memorandum.   

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.