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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a public corruption unit in the |
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Department of Public Safety of the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0207 to read as follows: |
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Sec. 411.0207. PUBLIC CORRUPTION UNIT. (a) In this |
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section, "organized criminal activity" means conduct that |
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constitutes an offense under Section 71.02, Penal Code. |
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(b) A public corruption unit is created within the |
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department to investigate and assist in the management of |
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allegations of participation in organized criminal activity by: |
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(1) an individual elected, appointed, or employed to |
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serve as a peace officer for a governmental entity of this state |
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under Article 2.12, Code of Criminal Procedure; or |
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(2) a federal law enforcement officer while performing |
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duties in this state. |
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(c) The unit shall: |
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(1) assist district attorneys and county attorneys in |
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the investigation and prosecution of allegations described by |
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Subsection (b); |
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(2) if requested by the agency, assist a state or local |
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law enforcement agency with the investigation of such allegations |
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against law enforcement officers in the agency; |
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(3) assist the United States Department of Justice or |
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any other appropriate federal department or agency in the |
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investigation and prosecution of allegations described by |
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Subsection (b); |
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(4) if requested by the agency, assist a federal law |
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enforcement agency with the investigation of such allegations |
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against law enforcement officers in the agency; |
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(5) serve as a clearinghouse for information relating |
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to the investigation and prosecution of allegations described by |
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Subsection (b); and |
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(6) report to the highest-ranking officer of the Texas |
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Rangers division of the department. |
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(d) On written approval of the director or of the chair of |
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the commission, the highest-ranking officer of the Texas Rangers |
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division of the department may initiate an investigation of an |
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allegation of participation in organized criminal activity by a law |
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enforcement officer described by Subsection (b)(1). Written |
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approval under this subsection must be based on cause. |
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(e) To the extent allowed by law, a state or local law |
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enforcement agency shall cooperate with the public corruption unit |
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by providing information requested by the unit as necessary to |
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carry out the purposes of this section. Information described by |
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this subsection is excepted from required disclosure under Chapter |
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552 in the manner provided by Section 552.108. |
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SECTION 2. Not later than December 1, 2010, the Department |
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of Public Safety of the State of Texas shall establish the public |
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corruption unit under Section 411.0207, Government Code, as added |
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by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |