Amend CSHB 2730 (Senate committee printing) by amending
SECTIONS 5.09 and 5.10 as follows:
SECTION 5.09. The heading to Section 411.244, Government
Code, is amended to read as follows:
Sec. 411.244. OFFICE OF INSPECTOR GENERAL [INTERNAL
AFFAIRS].
SECTION 5.10. Section 411.244, Government Code is amended
by amending Subsections (a), (b), (d), (e), and (f), and by adding
Subsection (g) to read as follows:
(a) The commission [director] shall establish the office of
inspector general, which is responsible for:
(1) acting to prevent and detect serious breaches of
departmental policy, fraud, and abuse of office, including any acts
of criminal conduct within the department; and
(2) independently and objectively reviewing,
investigating, delegating an investigation, and overseeing the
investigation of administrative and all other allegations of
conduct referred to in (a)(1) above and the following:
(A) criminal activity occurring in all divisions
of the department;
(B) allegations of wrongdoing by department
employees;
(C) crimes committed on department property; and
(D) serious breaches of department policy
[internal affairs].
(b) The office of inspector general [internal affairs] has
[original] departmental jurisdiction for oversight and
coordination over all investigations occurring on department
property or involving department employees. The office shall
coordinate and provide oversight, but need not conduct, all
investigations under this section. The inspector general shall
delegate criminal allegations arising under this section to the
Texas Ranger division or the Criminal Law Enforcement division of
the department for investigation or referral back to the inspector
general for further action. However the inspector general shall
continually monitor referred matters and report to the commission
along with any other division investigating a matter on its status
while pending.
(d) The commission has direct oversight over the office of
inspector general, including decisions regarding budget and
staffing. The commission [director] shall appoint the inspector
general [head of the office of internal affairs]. The inspector
general [head of the office of internal affairs] serves until
removed by the commission [director]. The commission shall
establish policies to ensure that the commission continues to
oversee the office of inspector general as required by this
subsection and to ensure that the office of inspector general
retains and exercises its original jurisdiction under Subsection
(b).
(e) The inspector general [head of the office of internal
affairs] shall report directly to the commission [director]
regarding performance of and activities related to investigations,
report to the director for administrative purposes, and provide the
director with information regarding investigations as appropriate.
(f) The inspector general [head of the office of internal
affairs] shall present at each regularly scheduled commission
meeting and at other appropriate times:
(1) reports of investigations; and
(2) a summary of information relating to
investigations conducted under this section that includes analysis
of the number, type, and outcome of investigations, trends in the
investigations, and recommendations to avoid future complaints.
(g) This chapter or other law related to the operation of
the department's office of inspector general does not preempt the
authority of the state auditor to conduct an audit or investigation
under Chapter 321 or other law.