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.