By Ogden S.B. No. 194
76R3718 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a complex crime unit within the
1-3 Department of Public Safety.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 411, Government Code, is amended by
1-6 adding Subchapter I to read as follows:
1-7 SUBCHAPTER I. COMPLEX CRIME UNIT
1-8 Sec. 411.251. DEFINITIONS. In this subchapter:
1-9 (1) "Attorney representing the state" means a district
1-10 attorney, criminal district attorney, or county attorney performing
1-11 the duties of a district attorney.
1-12 (2) "Complex crime" means a criminal offense:
1-13 (A) in which funds or property of any department
1-14 or agency of the state are stolen or misapplied; and
1-15 (B) the investigation of which requires a level
1-16 of expertise in disciplines such as accounting, computer
1-17 technology, or law that is not readily available to local law
1-18 enforcement agencies.
1-19 Sec. 411.252. COMPLEX CRIME UNIT. (a) The complex crime
1-20 unit is an investigatory unit within the department.
1-21 (b) The director shall employ commissioned peace officers
1-22 and noncommissioned employees to perform duties required of the
1-23 unit.
1-24 (c) To be eligible for employment under this section, a
2-1 peace officer must have not less than four years of experience as a
2-2 peace officer and:
2-3 (1) a degree from an accredited institution of higher
2-4 education in law, accounting, or computer science; or
2-5 (2) two or more years of experience in the
2-6 investigation of complex criminal offenses or similar offenses.
2-7 (d) To be eligible for employment under this section, a
2-8 noncommissioned employee must meet the experience, training, and
2-9 educational qualifications set by the director as requirements for
2-10 investigating or assisting in the investigation of a complex crime.
2-11 Sec. 411.253. ASSISTANCE ON REQUEST. (a) On the request of
2-12 an attorney representing the state and with the approval of the
2-13 director, the complex crime unit of the department may assist local
2-14 law enforcement in the investigation of crime.
2-15 (b) On the request of the governor and with the approval of
2-16 the director, the complex crime unit of the department may
2-17 investigate a crime involving harm to the interests of a state
2-18 agency.
2-19 Sec. 411.254. COOPERATION. (a) The director and the state
2-20 auditor shall cooperate in investigating complex crimes and
2-21 enforcing and administering laws involving complex crimes.
2-22 (b) The director and the state auditor shall adopt a
2-23 memorandum of understanding that establishes the responsibilities
2-24 of the department and the office of the state auditor in
2-25 investigating, enforcing, or administering laws involving complex
2-26 crimes.
2-27 (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. This Act takes effect September 1, 1999.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.