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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Chapter 411,
Government Code, is amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. PUBLIC
INTEGRITY UNIT
Sec. 411.0251.
DEFINITIONS. In this subchapter:
(1) "Offense"
means a prohibited act for which state law imposes a criminal or civil
penalty.
(2) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney.
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SECTION 1. Chapter 41,
Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. PUBLIC
INTEGRITY PROSECUTIONS
Sec. 41.351. 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) "Public integrity prosecution" means the prosecution
of an offense against public administration under Section 41.352.
(4) "State agency" means a department, commission,
board, office, council, authority, or other agency in the executive branch
of state government that is created by the constitution or a statute of
this state, including a university system or institution of higher
education as defined by Section 61.003, Education Code.
(5) "State employee" means an individual, other than a
state officer, who is employed by:
(A) a state agency;
(B) the Supreme Court of Texas, the Court of Criminal Appeals of
Texas, a court of appeals, or the Texas Judicial Council; or
(C) either house of the legislature or a legislative agency,
council, or committee, including the Legislative Budget Board, the Texas
Legislative Council, the State Auditor's Office, and the Legislative
Reference Library.
(6) "State officer" means an elected officer, an
appointed officer, a salaried appointed officer, an appointed officer of a
major state agency, or the executive head of a state agency.
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Sec. 411.0252. 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.
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Sec. 41.352. 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, 571, 572, or 2004 committed
by a state officer or a state employee in connection with the powers and
duties of the state office or state employment or by a candidate for state
office;
(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.
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Sec. 411.0253. PUBLIC
INTEGRITY UNIT. (a) The Texas Rangers division of the department shall
establish and support a public integrity unit.
(b) On receiving a formal
or informal complaint regarding an offense against public administration or
on request of a prosecuting attorney or law enforcement agency, the public
integrity unit may perform an initial investigation into whether a person
has committed an offense against public administration.
(c) The Texas Rangers
have authority to investigate an offense against public administration, any
lesser included offense, and any other offense arising from conduct that
constitutes an offense against public administration.
(d) If an initial
investigation by the public integrity unit demonstrates a reasonable
suspicion that an offense against public administration occurred, the
matter shall be referred to the prosecuting attorney of the county in which
venue is proper under Section 411.0256 or Chapter 13, Code of Criminal
Procedure, as applicable.
(e) The public integrity
unit shall, on request of the prosecuting attorney described by Subsection
(d), assist the attorney in the investigation of an offense against public
administration.
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No
equivalent provision. (But see Sec. 41.353, below.)
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No
equivalent provision. (But see Sec. 411.0253, above.)
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Sec. 41.353.
INVESTIGATION OF PUBLIC INTEGRITY OFFENSES. (a) Unless another state
agency is designated as having primary responsibility for an investigation
of a complaint alleging an offense against public administration, an
investigation of a formal or informal complaint alleging an offense against
public administration under this subchapter shall be conducted by an
officer of the Texas Rangers. If a state agency other than the Texas
Rangers has primary responsibility for an investigation of a complaint
alleging an offense against public administration, the Texas Rangers shall
provide assistance if assistance is requested by that state agency.
(b) Nothing in this
subchapter shall prevent the state auditor from conducting an investigation
under Chapter 321, including an investigation of a formal or informal
complaint alleging an offense against public administration.
(c) If an investigation
conducted by the Texas Rangers of a complaint alleging an offense against
public administration demonstrates a reasonable suspicion that the offense
alleged in the complaint occurred, the officer of the Texas Rangers
conducting the investigation shall refer the complaint to the appropriate
prosecutor of the county in which venue is proper under Section 41.357.
(d) Not later than the
90th day before the expiration of the statute of limitations for the
prosecution of an offense against public administration alleged in a
complaint referred by the Texas Rangers under Subsection (c), the
prosecutor to whom the complaint was referred shall notify the Texas
Rangers of the status of the case. The Texas Rangers shall immediately
notify the legislature if a prosecutor does not provide the status
notification to the Texas Rangers within the time provided in this
subsection.
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Sec. 411.0254.
NOTIFICATION REGARDING DISPOSITION OF CASE. The prosecuting attorney shall
notify the public integrity unit of:
(1) the termination of a
case investigated by the public integrity unit; or
(2) the results of the
final disposition of a case investigated by the public integrity unit,
including the final adjudication or entry of a plea.
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No
equivalent provision.
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Sec. 411.0255. RECUSAL OF
PROSECUTING ATTORNEY; SELECTION OF PROSECUTING ATTORNEY BY PRESIDING JUDGE
OF ADMINISTRATIVE JUDICIAL REGION. (a) A prosecuting attorney may request
that the presiding judge of the
administrative judicial region containing the county served by that
attorney permit the attorney to recuse himself
or herself for good cause in a case investigated under this
subchapter, and on submitting the notice of
recusal, the attorney is disqualified.
No
equivalent provision.
No
equivalent provision.
(b) On recusal of a prosecuting attorney under
Subsection (a), the presiding judge of the
administrative judicial region containing the county served by that
attorney shall appoint a
prosecuting attorney from another county in that administrative judicial
region. A prosecuting attorney appointed
under this subsection has the authority to represent the state in the
prosecution of the offense.
No
equivalent provision.
No
equivalent provision.
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Sec. 41.354. RECUSAL OF
PROSECUTOR. (a) In this section, "judges" means the presiding
judges of the administrative judicial regions.
(b) A prosecutor to whom
a complaint has been referred under Section 41.353(c) or the defendant may request that the court with jurisdiction over the
complaint order the prosecutor to be recused from the case for good
cause. If the court approves the request,
the prosecutor shall be considered disqualified.
(c) A prosecutor to whom
a complaint has been referred under Section 41.353(c) and who has, either
currently or in the past, a financial or other business relationship with
the defendant must request that the court with jurisdiction over the
complaint permit the prosecutor to be recused from the case for good
cause. If the court approves the request, the prosecutor shall be
considered disqualified.
(d) A prosecutor to whom
a complaint has been referred under Section 41.353(c) shall disclose to the
court if the prosecutor, in either a personal or professional capacity, has
ever made a campaign contribution to or received a campaign contribution
from the person against whom the complaint was made or a political
committee organized for the benefit of the person against whom the
complaint was made. The court shall consider a disclosure made under this
subsection in determining whether good cause exists for recusal.
(e) Following the recusal of a prosecutor
under Subsection (b) or (c), the judges shall select
the prosecutor for prosecution of the complaint by a majority vote. The prosecutor for an offense against
public administration must represent another county within the same
administrative judicial region as the
county in which venue is proper under Section 41.357. A prosecutor may be
selected under this section only with the prosecutor's consent to the
appointment.
(f) In selecting a prosecutor
under this section, the judges shall consider the proximity of the county
or district represented by the prosecutor to the county in which venue is
proper under Section 41.357.
(g) The prosecutor
selected to prosecute the public integrity offense under this section may
pursue a waiver to extend the statute of limitations by no more than two
years. If the waiver adds less than two years to limitations, the
prosecutor may pursue a successive waiver for good cause shown to the
court, providing that the total time of all waivers does not exceed two
years.
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Sec. 411.0256. VENUE.
Notwithstanding Chapter 13, Code of Criminal Procedure, or other law, if
the defendant is a natural person,
venue for prosecution of an offense against
public administration and lesser included offenses arising from the same
transaction is the county in which the defendant resides.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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Sec. 41.357. VENUE. (a)
Notwithstanding Chapter 13, Code of Criminal Procedure, or any other law, and except as provided by Subsection (c) or (d),
if the defendant is a state officer,
venue for a prosecution under this
subchapter is the county in which the defendant resided at the time the offense was committed.
(b) Notwithstanding any
other law, if the defendant is a state employee who is not a state officer,
venue for a prosecution under this subchapter is the county in which the
conduct constituting the offense against public administration occurred.
(c) If the defendant
holds an office of the executive branch subject to a residency requirement
under Article IV, Texas Constitution, venue for a prosecution under this
subchapter is the county in which the defendant resided at the time the
defendant was elected to the term of that office during which the offense
was committed.
(d) If a complaint
alleging an offense against public administration under this subchapter
alleges that an offense was committed by two or more defendants, venue for
the prosecution of all defendants under this subchapter is any county in
which the conduct constituting the offense against public administration
occurred.
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Sec. 411.0257.
RESIDENCE. For the purposes of this subchapter, a person resides in the
county where that person:
(1) claims a residence
homestead under Chapter 41, Property Code, if that person is a member of
the legislature;
(2) claimed to be a
resident before being subject to residency requirements under Article IV,
Texas Constitution, if that person is a member of the executive branch of
this state;
(3) claims a residence
homestead under Chapter 41, Property Code, if that person is a justice on
the supreme court or judge on the court of criminal appeals; or
(4) otherwise claims
residence if no other provision of this section applies.
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No
equivalent provision.
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Sec. 411.0258.
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 resources and
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.
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Sec. 41.355. 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 prosecutor of a public
integrity prosecution by providing information requested by the prosecutor 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.
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Sec. 411.0259.
SUBPOENAS. (a) In connection with an investigation of an alleged offense
against public administration, the public integrity unit may issue a
subpoena to compel the attendance of a relevant witness or the production,
for inspection or copying, of relevant evidence that is in this state.
(b) A subpoena may be
served personally or by certified mail.
(c) If a person fails to
comply with a subpoena, the public integrity unit, acting through the
general counsel of the department, may file suit to enforce the subpoena in
a district court in this state. On finding that good cause exists for
issuing the subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court order.
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No
equivalent provision.
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No
equivalent provision.
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Sec. 41.356. CONFLICT OF
INTEREST. (a) The Texas Rangers may refer the investigation of a
complaint alleging an offense against public administration involving a
person who is a member of the executive branch to the local law enforcement
agency that would otherwise have authority to investigate the complaint, if
a conflict of interest arises from the conduct of an investigation by the
officers of the Texas Rangers.
(b) If, in the course of
conducting an investigation of a complaint, the Texas Rangers determine
that an individual who is assigned to the security detail of a state
official is a fact witness or has knowledge of the facts underlying the
complaint, the Texas Rangers shall refer the investigation of the complaint
to another law enforcement agency. The public safety director shall notify
the chair of the Public Safety Commission of the referral of a complaint to
another law enforcement agency within 24 hours after the referral is made.
(c) If a formal or
informal complaint alleges that the public safety director or a deputy or
assistant director of the Department of Public Safety has committed an
offense against public administration, the Texas Rangers shall refer the
investigation of the complaint to another law enforcement agency. The public
safety director shall notify the chair of the Public Safety Commission of
the referral of a complaint to another law enforcement agency within 24
hours after the referral is made.
(d) Local law enforcement
must comply with all requirements of this subchapter in conducting an
investigation of a complaint alleging an offense against public
administration as provided by this section.
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No
equivalent provision.
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Sec. 41.358. PROSECUTION
OF CERTAIN OFFENSES BY ATTORNEY GENERAL. Nothing in this subchapter shall
be construed as limiting the authority of the attorney general to prosecute
offenses under Section 273.021, Election Code.
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SECTION 2. Chapter 41,
Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. PAYMENTS
FOR PUBLIC INTEGRITY PROSECUTIONS
Sec. 41.351.
DEFINITIONS. In this subchapter:
(1) "Offense against
public administration" means an offense described by Section 411.0252.
(2) "Prosecuting
attorney" means a county attorney, district attorney, or criminal
district attorney.
Sec. 41.352. PAYMENT FOR
EXTRAORDINARY COSTS OF PROSECUTION. The comptroller shall pay from funds
appropriated to the comptroller's judiciary section, from appropriations
made specifically for enforcement of this section, reasonable amounts
incurred by a prosecuting attorney for extraordinary costs of prosecution
of an offense against public administration.
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No
equivalent provision.
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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 appropriate prosecuting [Travis County
district] attorney as provided under Section 411.0253(d) under the seal of the senate or house of
representatives, as appropriate.
(c) The prosecuting [Travis
County district] attorney to whom a statement of facts is certified
under Subsection (a) or the prosecutor selected under Section 411.0255, if applicable, shall bring
the matter before the grand jury for action. If the grand jury returns an
indictment, the prosecuting [district] attorney shall
prosecute the indictment.
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SECTION 2. 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 appropriate prosecuting [Travis County
district] attorney as provided under Section 41.353(c) under the seal of the senate or house of
representatives, as appropriate.
(c) The prosecuting [Travis
County district] attorney to whom a statement of facts is certified
under Subsection (a) or the prosecutor selected under Section 41.354(e), if applicable, shall bring
the matter before the grand jury for action. If the grand jury returns an
indictment, the prosecuting [district] attorney shall
prosecute the indictment.
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SECTION 4. Section 411.022,
Government Code, is amended by adding Subsection (c) to read as follows:
(c) An officer of the
Texas Rangers has the authority to investigate offenses against public
administration prosecuted under Subchapter
B-1.
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SECTION 3. Section 411.022,
Government Code, is amended by adding Subsection (c) to read as follows:
(c) An officer of the
Texas Rangers has the authority to investigate offenses against public
administration prosecuted under Subchapter
F, Chapter 41.
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SECTION 5. (a) Not later than three months after the
effective date of this Act, the Department of Public Safety shall establish
the public integrity unit under Subchapter B-1, Chapter 411, Government
Code, as added by this Act.
(b) Subchapter B-1, Chapter 411, Government Code, as added by
this Act, applies only to the investigation
and prosecution of an offense under
Subchapter B-1, Chapter 411, Government Code, committed on or after the date that the Department of Public Safety
establishes the public integrity unit. For purposes of this subsection,
an offense is committed if any element of the offense occurs before the date described by this subsection.
(c)
The prosecution of an offense committed before the date described in
Subsection (b) of this section is covered by the law in effect when the
offense was committed, and the former law is continued in effect for that
purpose.
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SECTION 4.
Subchapter
F, Chapter 41, Government Code, as added by this Act, applies only
to the prosecution of an offense against
public administration committed on or after September 1, 2015.
For purposes of this section,
an offense is committed before September 1,
2015, if any element of the offense occurs before that date.
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No
equivalent provision.
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SECTION 5. The investigation
of an offense against public administration that is classified as ongoing
or pending on the effective date of this Act shall remain with the entity
that is conducting the investigation, unless the entity consents to
transfer the investigation to the Texas Rangers.
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No
equivalent provision.
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SECTION 6. If any provision
of this Act or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of
this Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are severable.
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SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2015.
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SECTION 7. This Act takes
effect September 1, 2015.
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