By: Ogden S.B. No. 194
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of a complex crime unit within the
1-2 Department of Public Safety of the State of Texas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 411, Government Code, is amended by
1-5 adding Subchapter I to read as follows:
1-6 SUBCHAPTER I. COMPLEX CRIME UNIT
1-7 Sec. 411.251. DEFINITIONS. In this subchapter:
1-8 (1) "Attorney representing the state" means a district
1-9 attorney, criminal district attorney, or county attorney performing
1-10 the duties of a district attorney.
1-11 (2) "Complex crime" means a criminal offense:
1-12 (A) in which funds or property of any department
1-13 or agency of the state are stolen or misapplied; and
1-14 (B) the investigation of which requires a level
1-15 of expertise in disciplines such as accounting, computer
1-16 technology, or law that is not readily available to local law
1-17 enforcement agencies.
1-18 Sec. 411.252. COMPLEX CRIME UNIT. (a) The complex crime
1-19 unit is an investigatory unit within the department.
1-20 (b) The director shall employ commissioned peace officers
1-21 and noncommissioned employees to perform duties required of the
1-22 unit.
1-23 (c) To be eligible for employment under this section, a
1-24 peace officer must have not less than four years of experience as a
2-1 peace officer and:
2-2 (1) a degree from an accredited institution of higher
2-3 education in law, accounting, or computer science; or
2-4 (2) two or more years of experience in the
2-5 investigation of complex criminal offenses or similar offenses.
2-6 (d) To be eligible for employment under this section, a
2-7 noncommissioned employee must meet the experience, training, and
2-8 educational qualifications set by the director as requirements for
2-9 investigating or assisting in the investigation of a complex crime.
2-10 Sec. 411.253. ASSISTANCE ON REQUEST. (a) On the request of
2-11 an attorney representing the state and with the approval of the
2-12 director, the complex crime unit of the department may assist local
2-13 law enforcement in the investigation of crime.
2-14 (b) On the request of the governor and with the approval of
2-15 the director, the complex crime unit of the department may
2-16 investigate a crime involving harm to the interests of a state
2-17 agency.
2-18 Sec. 411.254. COOPERATION. (a) The director and the state
2-19 auditor shall cooperate in investigating complex crimes and
2-20 enforcing and administering laws involving complex crimes.
2-21 (b) The director and the state auditor shall adopt a
2-22 memorandum of understanding that establishes the responsibilities
2-23 of the department and the office of the state auditor in
2-24 investigating, enforcing, or administering laws involving complex
2-25 crimes.
2-26 (c) The memorandum of understanding must facilitate the
3-1 sharing of information involving complex crimes and permit the
3-2 office of the state auditor access to the criminal justice
3-3 information necessary for the auditor to carry out the duties
3-4 described by the memorandum.
3-5 SECTION 2. Except as provided by Section 3 of this Act, this
3-6 Act takes effect September 1, 1999.
3-7 SECTION 3. This Act takes effect only if a specific
3-8 appropriation for the implementation of this Act is provided in
3-9 H.B. No. 1 (General Appropriations Act), Acts of the 76th
3-10 Legislature, Regular Session, 1999. If no specific appropriation
3-11 is provided in H.B. No. 1, the General Appropriations Act, this Act
3-12 has no effect.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.