82R6909 ATP-D

By: Zedler H.B. No. 1928

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of offenses against public administration, including ethics offenses, offenses involving insurance fraud, and offenses involving motor fuels tax.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 402, Government Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. PUBLIC INTEGRITY UNIT

Sec. 402.101. DEFINITIONS. In this subchapter:

(1) "Offense" means a prohibited act for which state law imposes a criminal or civil penalty.

(2) "Prosecute" means represent the state to impose a criminal or civil penalty.

(3) "Prosecuting attorney" means a district attorney, criminal district attorney, or county attorney.

Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For purposes of this subchapter, the following are offenses against public administration:

(1) an offense under Title 8, Penal Code, committed by a state officer or a state employee in connection with the powers and duties of the state office or state employment;

(2) an offense under Chapter 301, 302, 305, 571, 572, or 2004;

(3) an offense under Chapter 573 committed by a state officer in connection with the powers and duties of the state office; and

(4) an offense under Title 15, Election Code, committed in connection with:

(A) a campaign for or the holding of state office; or

(B) an election on a proposed constitutional amendment.

Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For purposes of this subchapter, the following are offenses involving insurance fraud:

(1) an offense under Chapter 35, Penal Code, including an offense under that chapter that involves workers' compensation insurance under Title 5, Labor Code; or

(2) a fraudulent insurance act as defined by Section 701.001, Insurance Code, including an act that involves workers' compensation insurance under Title 5, Labor Code.

Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For purposes of this subchapter, an offense involving motor fuels tax means a felony offense under Section 162.403, Tax Code.

Sec. 402.105. PUBLIC INTEGRITY UNIT. The public integrity unit is in the office of the attorney general.

Sec. 402.106. PROSECUTION BY PUBLIC INTEGRITY UNIT AUTHORIZED. (a) In any district or county court of appropriate jurisdiction and venue, the public integrity unit may prosecute a person for:

(1) an offense against public administration;

(2) an offense involving insurance fraud; or

(3) an offense involving motor fuels tax.

(b) The attorney general may appear before a grand jury in connection with an offense the public integrity unit is authorized to prosecute under Subsection (a).

(c) The authority to prosecute prescribed by this subchapter does not affect the authority derived from other law to prosecute the same offenses.

Sec. 402.107. COOPERATION WITH LOCAL PROSECUTOR. The attorney general may direct the county or district attorney serving the county in which the offense is to be prosecuted to prosecute an offense that the public integrity unit is authorized to prosecute under Section 402.106 or to assist the unit in the prosecution.

Sec. 402.108. COOPERATION OF STATE AGENCIES AND LOCAL LAW ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state agency or local law enforcement agency shall cooperate with the public integrity unit by providing information requested by the unit as necessary to carry out the purposes of this subchapter.

(b) Information disclosed under this section is confidential and not subject to disclosure under Chapter 552.

Sec. 402.109. VENUE. Notwithstanding Chapter 13, Code of Criminal Procedure, or other law, if the defendant is a natural person, venue for a prosecution by the public integrity unit for an offense against public administration or an offense involving insurance fraud is in the county in which the defendant resides.

SECTION 2. Section 273.024, Election Code, is amended to read as follows:

Sec. 273.024. VENUE. An offense under this subchapter may be prosecuted in the county in which the offense was committed or an adjoining county. [If the offense is committed in connection with a statewide election, the offense may be prosecuted in the county in which the offense was committed, an adjoining county, or Travis County.]

SECTION 3. Sections 301.027(b) and (c), Government Code, are amended to read as follows:

(b) If the president of the senate or speaker receives a report or statement of facts as provided by Subsection (a), the president of the senate or speaker shall certify the statement of facts to the public integrity unit of the office of the attorney general [Travis County district attorney] under the seal of the senate or house of representatives, as appropriate.

(c) The public integrity unit may [Travis County district attorney shall] bring the matter before the grand jury for action. If the grand jury returns an indictment, the public integrity unit may [district attorney shall] prosecute the indictment. The authority to prosecute prescribed by this section does not affect the authority derived from other law to prosecute the same offense.

SECTION 4. Section 402.009, Government Code, is amended to read as follows:

Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE OFFICERS. The attorney general may employ and commission peace officers as investigators for:

(1) the limited purpose of assisting the attorney general in carrying out the duties of that office relating to prosecution assistance and crime prevention; or

(2) the purpose of investigating offenses against public administration and offenses involving insurance fraud that may be prosecuted under Subchapter D.

SECTION 5. Section 35.04, Penal Code, is amended to read as follows:

Sec. 35.04. JURISDICTION OF ATTORNEY GENERAL. (a) As authorized by Section 402.106, Government Code, the public integrity unit of the office of the attorney general may prosecute an offense under Section 35.02.

(b) If the public integrity unit does not, as authorized by Section 402.106, Government Code, prosecute an offense under Section 35.02, the [The] attorney general may:

(1) offer to an attorney representing the state in the prosecution of the [an] offense [under Section 35.02] the investigative, technical, and litigation assistance of the attorney general's office; or [.]

(2) [(b) The attorney general may prosecute or] assist in the prosecution of the [an] offense [under Section 35.02] on the request of the attorney representing the state [described by Subsection (a)].

SECTION 6. Sections 305.036 and 572.008, Government Code, are repealed.

SECTION 7. (a) Not later than March 1, 2012, the attorney general shall establish the public integrity unit under Subchapter D, Chapter 402, Government Code, as added by this Act.

(b) Subchapter D, Chapter 402, Government Code, as added by this Act, applies only to the prosecution of an offense against public administration or an offense involving insurance fraud or motor fuels tax committed on or after April 1, 2012. For purposes of this section, an offense is committed before April 1, 2012, if any element of the offense occurs before that date.

(c) The prosecution of an offense committed before April 1, 2012, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose, except that a county attorney, district attorney, or criminal district attorney may, on the request of the attorney general, permit the public integrity unit established under Subchapter D, Chapter 402, Government Code, as added by this Act, to assume the prosecution of such an offense.

SECTION 8. This Act takes effect September 1, 2011.