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79R5956 ATP-D

By:  Ellis                                                        S.B. No. 1084



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the attorney general to investigate 
and prosecute certain violations of law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 402, Government Code, is 
amended by adding Section 402.031 to read as follows:
	Sec. 402.031.  PROSECUTION OF CERTAIN VIOLATIONS OF LAW.  
(a)  The attorney general may initiate an investigation or 
prosecution of a suspected violation of a statute, including a 
suspected criminal offense, relating to:
		(1)  consumer protection;                                              
		(2)  insurance;                                                        
		(3)  fraud; or                                                         
		(4)  any part of the financial industry that may be 
regulated by an agency of this state.
	(b)  A county or district attorney may not prosecute an 
offense for which the attorney general has begun an official 
investigation or a prosecution.  The attorney general may not 
prosecute an offense for which a county or district attorney having 
jurisdiction has begun an official investigation or a prosecution. 
Except as otherwise provided by this subsection, Subsection (a) 
does not limit the jurisdiction provided by law for a county or 
district attorney to investigate or prosecute an offense.
	SECTION 2.  Section 402.0231(b), Government Code, is amended 
to read as follows:
	(b)  A corporate integrity unit is created within the office 
of the attorney general to assist in the enforcement of the laws 
relating to corporate fraud or other similar illegal activities.  
The unit shall:
		(1)  assist [district attorneys and county attorneys] 
in the investigation and prosecution of corporate fraud or other 
similar illegal activities allegedly committed by corporations, 
limited liability companies, and registered limited liability 
partnerships;
		(2)  assist state agencies with investigation of 
complaints and administrative enforcement actions for corporate 
fraud violations, including the assessment of an administrative 
penalty or other administrative sanction; and
		(3)  serve as a clearinghouse for information relating 
to the investigation and prosecution of corporate fraud and other 
similar illegal activities in this state.
	SECTION 3.  This Act takes effect on the date on which the 
constitutional amendment proposed by the 79th Legislature, Regular 
Session, 2005, authorizing the attorney general to prosecute 
certain offenses takes effect.  If that amendment is not approved by 
the voters, this Act has no effect.