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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution by the attorney general of campaign |
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finance offenses alleged to have been committed in connection with |
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a state office or an election on a constitutional amendment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 402, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PROSECUTION OF CERTAIN CAMPAIGN FINANCE OFFENSES |
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Sec. 402.101. DEFINITIONS. In this subchapter: |
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(1) "Offense" means a prohibited act for which state |
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law imposes a criminal or civil penalty. |
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(2) "Prosecute" means represent the state to impose a |
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criminal or civil penalty. |
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(3) "Prosecuting attorney" means a district attorney, |
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criminal district attorney, or county attorney. |
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(4) "State office" means: |
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(A) a statewide elected office; |
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(B) the office of secretary of state; |
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(C) the office of state senator; |
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(D) the office of state representative; |
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(E) the office of member, State Board of |
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Education; |
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(F) the office of justice, court of appeals; |
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(G) the office of district judge; or |
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(H) the office of district attorney or criminal |
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district attorney. |
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Sec. 402.102. PROSECUTION BY ATTORNEY GENERAL. (a) In any |
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district or county court of appropriate jurisdiction and venue, the |
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attorney general may prosecute a person for an offense that: |
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(1) arises under Title 15, Election Code; and |
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(2) is alleged to have been committed in connection |
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with: |
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(A) a campaign for or the holding of state |
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office; or |
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(B) an election on a proposed constitutional |
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amendment. |
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(b) The attorney general must assert the right to prosecute |
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under this section in writing to the appropriate prosecuting |
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attorney. If the attorney general asserts the right to prosecute |
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under this section: |
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(1) the attorney general has all the powers of the |
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prosecuting attorney, including the power to represent the state |
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before a grand jury; and |
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(2) the prosecuting attorney may not prosecute the |
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same person for the same act, but on request of the attorney general |
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shall assist in the prosecution. |
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Sec. 402.103. COOPERATION OF STATE AGENCIES AND LOCAL LAW |
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ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state |
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agency or local law enforcement agency shall cooperate with the |
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attorney general by providing information requested by the attorney |
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general as necessary to carry out the purposes of this subchapter. |
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(b) Information disclosed under this section is |
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confidential and not subject to disclosure under Chapter 552. |
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Sec. 402.104. VENUE. Notwithstanding Chapter 13, Code of |
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Criminal Procedure, or other law, if the defendant is a natural |
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person, venue for a prosecution by the attorney general is in the |
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county in which the defendant resides. |
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SECTION 2. Section 402.009, Government Code, is amended to |
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read as follows: |
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Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE |
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OFFICERS. The attorney general may employ and commission peace |
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officers as investigators for: |
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(1) the limited purpose of assisting the attorney |
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general in carrying out the duties of that office relating to |
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prosecution assistance and crime prevention; or |
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(2) the purpose of investigating campaign finance |
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offenses that may be prosecuted under Subchapter D. |
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SECTION 3. (a) Subchapter D, Chapter 402, Government Code, |
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as added by this Act, applies only to the prosecution of a campaign |
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finance offense committed on or after April 1, 2010. For purposes |
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of this section, an offense is committed before April 1, 2010, if |
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any element of the offense occurs before that date. |
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(b) The prosecution of a campaign finance offense committed |
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before April 1, 2010, is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose, except that a county attorney, district attorney, or |
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criminal district attorney may, on the request of the attorney |
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general, permit the attorney general to assume the prosecution of |
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such an offense. |
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SECTION 4. This Act takes effect January 1, 2010, but only |
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if the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, to permit the attorney general to prosecute |
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offenses that arise under the campaign finance laws of this state |
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and that are alleged to have been committed in connection with a |
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state office or an election on a constitutional amendment, takes |
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effect. If the proposed amendment is not approved by the voters, |
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this Act has no effect. |