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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the law enforcement integrity unit in |
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the Department of Public Safety. |
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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. LAW ENFORCEMENT INTEGRITY UNIT. (a) In |
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this section, "law enforcement corruption" means a violation of |
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state or federal criminal law committed in this state 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 performing |
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duties in this state. |
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(b) A law enforcement integrity unit is created within the |
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department to assist in the enforcement of laws relating to law |
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enforcement corruption. The unit shall: |
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(1) assist district attorneys and county attorneys in |
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the investigation and prosecution of law enforcement corruption; |
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(2) assist state agencies with the investigation of |
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complaints and administrative enforcement actions for law |
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enforcement corruption, including the assessment of an |
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administrative penalty or other administrative sanction; |
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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 law enforcement corruption; |
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(4) assist federal agencies with the investigation of |
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complaints and administrative enforcement actions for law |
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enforcement corruption, including the assessment of an |
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administrative penalty or other administrative sanction; |
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(5) serve as a clearinghouse for information relating |
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to the investigation and prosecution of law enforcement corruption |
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in this state; and |
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(6) report to the commission. |
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(c) To the extent allowed by law, a state agency or local law |
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enforcement agency shall cooperate with the law enforcement |
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integrity unit by providing information requested by the unit as |
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necessary to carry out the purposes of this section. Information |
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disclosed under this subsection is confidential and not subject to |
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disclosure under Chapter 552. |
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(d) The commission may transfer administration of the law |
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enforcement integrity unit from the department to the office of |
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inspector general if: |
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(1) an inspector general position is created; and |
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(2) the inspector general investigates the affairs of |
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two or more agencies, of which at least one agency is not an agency |
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administered by the Health and Human Services Commission. |
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(e) If the commission transfers the unit: |
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(1) unless modified by a memorandum of understanding, |
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the administration, including employees, records, and equipment, |
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of the law enforcement integrity unit shall be transferred from the |
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department to the office of inspector general; |
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(2) unless modified by a memorandum of understanding, |
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all rules, policies, procedures, and decisions of the department |
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relating to the administration of the law enforcement integrity |
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unit are continued in effect as rules, policies, procedures, and |
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decisions of the office of inspector general until superseded by a |
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rule or other appropriate action by the office; |
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(3) a reference in law or administrative rule to the |
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department relating to the administration of the law enforcement |
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integrity unit means the office of inspector general; |
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(4) the department shall transfer money specifically |
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appropriated by the legislature for the purpose of administering |
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the law enforcement integrity unit to the office of inspector |
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general; |
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(5) the department and the office of inspector general |
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shall enter into a memorandum of understanding relating to the |
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transfer of the law enforcement integrity unit from the department |
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to the office as provided by this section; and |
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(6) the law enforcement integrity unit shall continue |
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to report to the commission. |
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SECTION 2. Not later than December 1, 2010, the Department |
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of Public Safety shall establish the law enforcement integrity unit |
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under Section 411.0207, Government Code, as added 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. |