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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation and prosecution of offenses against |
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public administration, including ethics offenses, offenses |
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involving insurance fraud, and offenses involving motor fuels tax. |
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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. PUBLIC INTEGRITY UNIT |
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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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Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For |
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purposes of this subchapter, the following are offenses against |
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public administration: |
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(1) an offense under Title 8, Penal Code, committed by |
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a state officer or a state employee in connection with the powers |
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and duties of the state office or state employment; |
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(2) an offense under Chapter 301, 302, 305, 571, 572, |
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or 2004; |
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(3) an offense under Chapter 573 committed by a state |
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officer in connection with the powers and duties of the state |
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office; and |
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(4) an offense under Title 15, Election Code, |
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committed in connection 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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Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For |
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purposes of this subchapter, the following are offenses involving |
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insurance fraud: |
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(1) an offense under Chapter 35, Penal Code, including |
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an offense under that chapter that involves workers' compensation |
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insurance under Title 5, Labor Code; or |
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(2) a fraudulent insurance act as defined by Section |
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701.001, Insurance Code, including an act that involves workers' |
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compensation insurance under Title 5, Labor Code. |
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Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For |
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purposes of this subchapter, an offense involving motor fuels tax |
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means a felony offense under Section 162.403, Tax Code. |
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Sec. 402.105. PUBLIC INTEGRITY UNIT. The public integrity |
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unit is created in the office of the attorney general. |
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Sec. 402.106. INVESTIGATION AND PROSECUTION BY PUBLIC |
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INTEGRITY UNIT. (a) The public integrity unit has the authority to |
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investigate whether a person has committed: |
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(1) an offense against public administration; |
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(2) an offense involving insurance fraud; or |
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(3) an offense involving motor fuels tax. |
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(b) The public integrity unit shall, on request of the |
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appropriate prosecuting attorney, assist in the prosecution of or |
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prosecute an offense under this section. |
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(c) If assisting in a prosecution as provided by Subsection |
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(b), the public integrity unit may exercise the powers as necessary |
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to accomplish the assistance, and the prosecuting attorney retains |
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the authority to represent the state in the district and inferior |
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courts in the prosecution of the offense. |
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(d) If prosecuting an offense as provided by Subsection (b): |
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(1) the public integrity unit 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; |
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(2) the prosecuting attorney may not prosecute the |
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same person for the same act; and |
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(3) only the attorney general may represent the state |
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in the district and inferior courts in the prosecution of the |
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offense. |
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Sec. 402.107. 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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public integrity unit by providing information requested by the |
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unit 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. 402.108. 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 prosecution of an offense against public |
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administration, an offense involving insurance fraud, or an |
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offense involving motor fuels tax is in the county in which the |
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defendant resides. |
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SECTION 2. Sections 301.027(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) If the president of the senate or speaker receives a |
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report or statement of facts as provided by Subsection (a), the |
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president of the senate or speaker shall certify the statement of |
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facts to the public integrity unit of the office of the attorney |
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general [Travis County district attorney] under the seal of the |
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senate or house of representatives, as appropriate. The public |
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integrity unit shall conduct an investigation on receipt of the |
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statement of facts under this subsection. |
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(c) If after conducting an investigation under Subsection |
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(b), the public integrity unit accepts the statement of facts, the |
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unit shall provide the results of the investigation to the [The
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Travis County] district attorney or other prosecuting attorney of |
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the county in which the person resides, who shall bring the matter |
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before the grand jury for action. If the grand jury returns an |
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indictment, the prosecuting [district] attorney shall prosecute |
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the indictment or request that the attorney general prosecute the |
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indictment. |
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SECTION 3. 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 offenses against |
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public administration, offenses involving insurance fraud, and |
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offenses involving motor fuels tax prosecuted under Subchapter D. |
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SECTION 4. (a) Not later than March 1, 2016, the attorney |
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general shall establish the public integrity unit under Subchapter |
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D, Chapter 402, Government Code, as added by this Act. |
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(b) Subchapter D, Chapter 402, Government Code, as added by |
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this Act, applies only to the prosecution of an offense against |
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public administration or an offense involving insurance fraud or |
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motor fuels tax committed on or after April 1, 2016. For purposes of |
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this section, an offense is committed before April 1, 2016, if any |
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element of the offense occurs before that date. |
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(c) The prosecution of an offense committed before April 1, |
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2016, is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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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 public integrity unit established under |
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Subchapter D, Chapter 402, Government Code, as added by this Act, to |
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assume the prosecution of such an offense. |
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SECTION 5. This Act takes effect January 1, 2016. |