79(R) HB 913 - Introduced version


                                                                                

79R907 ATP-D

By:  Denny                                                        H.B. No. 913



A BILL TO BE ENTITLED

AN ACT

relating to a special office in the Texas Ethics Commission to 
investigate criminal conduct related to political funds and 
campaigns.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 571, Government Code, is amended by 
adding Subchapter G to read as follows:

SUBCHAPTER G.  SPECIAL OFFICE TO INVESTIGATE CRIMINAL CONDUCT 
RELATED TO POLITICAL FUNDS AND CAMPAIGNS
	Sec. 571.201.  DEFINITIONS.  In this subchapter:                        
		(1)  "Peace officer" means an individual described by 
Article 2.12, Code of Criminal Procedure.
		(2)  "Prosecuting attorney" means a district attorney, 
criminal district attorney, or county attorney.
		(3)  "Special office" means the special office created 
under Section 571.202.
	Sec. 571.202.  SPECIAL OFFICE TO INVESTIGATE CRIMINAL 
CONDUCT RELATED TO POLITICAL FUNDS AND CAMPAIGNS.  The commission 
shall establish a special office within the commission to 
investigate criminal offenses under Title 15, Election Code.
	Sec. 571.203.  INVESTIGATION OF CONDUCT BY SPECIAL OFFICE.  
(a)  The special office may on its own motion conduct an 
investigation of alleged or suspected criminal conduct that 
constitutes an offense prescribed by Title 15, Election Code, and 
shall conduct an investigation of a matter referred to the office 
under Subsection (b) or (c) or Section 273.001, Election Code.
	(b)  Before a peace officer may refer an alleged criminal 
violation of Title 15, Election Code, to a prosecuting attorney for 
criminal prosecution, the peace officer shall notify the special 
office in writing of the alleged violation and include with the 
notification a report describing the facts and circumstances of the 
alleged violation.  This section does not prohibit a peace officer 
from issuing a citation or making an arrest.
	(c)  Before a prosecuting attorney may take any action to 
prosecute an alleged criminal violation of Title 15, Election Code, 
the prosecuting attorney shall notify the special office in writing 
of the alleged violation and include with the notification a report 
describing the facts and circumstances of the alleged violation.
	(d)  As soon as practicable and not later than the 45th day 
after receiving a notice and report under Subsection (b) or (c), or 
a referral from a prosecuting attorney or the attorney general 
under Section 273.001, Election Code, the special office shall 
evaluate the report or information provided with the referral and 
determine whether an offense prescribed by Title 15, Election Code, 
has been committed.  If the special office does not make a 
determination within the period prescribed by this subsection, the 
appropriate prosecuting attorney may initiate a criminal 
prosecution.
	Sec. 571.204.  DETERMINATION OF CRIMINAL CONDUCT.  (a)  If 
the special office determines that an offense prescribed by Title 
15, Election Code, has been committed:
		(1)  the special office shall notify in writing the 
official who notified or referred the investigation to the office 
that the office recommends criminal prosecution; and
		(2)  the appropriate prosecuting attorney may proceed 
with the criminal prosecution of the alleged violation.
	(b)  If the special office determines that an offense 
prescribed by Title 15, Election Code, has not been committed:
		(1)  the special office shall notify in writing the 
official who notified or referred the investigation to the office 
that the office does not recommend criminal prosecution; and
		(2)  a prosecuting attorney may not prosecute a person 
for the alleged violation.
	SECTION 2.  Section 273.001, Election Code, is amended by 
amending Subsections (a) and (b) and adding Subsection (b-1) to 
read as follows:
	(a)  If two or more registered voters of the territory 
covered by an election present affidavits alleging criminal conduct 
in connection with the election to the county or district attorney 
having jurisdiction in that territory, the county or district 
attorney shall investigate the allegations or refer the allegations 
to the special office of the Texas Ethics Commission established 
under Subchapter G, Chapter 571, Government Code, if the alleged 
criminal conduct is an offense prescribed by Title 15.  If the 
election covers territory in more than one county, the voters may 
present the affidavits to the attorney general, and the attorney 
general shall investigate the allegations or refer the allegations 
to the special office of the Texas Ethics Commission established 
under Subchapter G, Chapter 571, Government Code, if the alleged 
criminal conduct is an offense prescribed by Title 15.
	(b)  Except as provided by Subsection (b-1), a [A] district 
or county attorney having jurisdiction or the attorney general may 
conduct an investigation on the officer's own initiative to 
determine if criminal conduct occurred in connection with an 
election.
	(b-1)  A district or county attorney having jurisdiction or 
the attorney general may not conduct an investigation on the 
officer's own initiative to determine if a person committed an 
offense prescribed by Title 15 but may refer a matter to the special 
office of the Texas Ethics Commission established under Subchapter 
G, Chapter 571, Government Code.
	SECTION 3.  (a)  The Texas Ethics Commission shall establish 
the special office to investigate criminal conduct related to 
political funds and campaigns as required by Subchapter G, Chapter 
571, Government Code, as added by this Act, not later than January 
1, 2006.
	(b)  Beginning on January 1, 2006, a peace officer, a 
district or county attorney, or the attorney general shall refer an 
alleged criminal violation of Title 15, Election Code, to the 
special office of the Texas Ethics Commission as required by 
Section 571.203, Government Code, as added by this Act, and Section 
273.001, Election Code, as amended by this Act.  An alleged criminal 
violation of Title 15, Election Code, presented to a district or 
county attorney or the attorney general under Section 273.001, 
Election Code, or prosecuted or referred to a prosecuting attorney 
before January 1, 2006, is governed by the law in effect immediately 
before the effective date of this Act, and the former law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.