BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.J.R. 26

80R5015 ESH-D                                                                                                      By: Patrick, Dan

                                                                                                                                       State Affairs

                                                                                                                                                3/12/07

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, the Travis County district attorney is appropriated funds to investigate and prosecute public integrity issues including ethics of elected officials, motor vehicle fuels tax fraud, and insurance fraud.  While all district attorneys have jurisdiction over crimes of public integrity, only the Travis County district attorney receives state funding to prosecute these crimes.  Furthermore, crimes involving public integrity are of concern to the entire populace of Texas, not just the county where the crimes occurred.  Recent developments within the Texas Youth Commission suggest the need for a change in this area.

 

S.J.R. 26 proposes a constitutional amendment to authorize the attorney general to represent the state in the district and inferior courts in the prosecution of criminal and civil offenses involving public integrity issues including ethics of elected officials, motor vehicle fuels tax fraud, and insurance fraud.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article IV, Texas Constitution, by adding Section 22a, as follows:

 

Sec. 22a.  Authorizes the attorney general, to the extent provided by general law, to represent the state in the district and inferior courts in the prosecution of criminal and civil offenses classified by law as offenses against public administration, including ethics offenses, or as offenses involving insurance fraud.

 

SECTION 2.  Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 6, 2007. Sets forth the required language for the ballot.