By: King of Parker, Bonnen of Brazoria, H.B. No. 1690

Davis of Harris, Sheets, Smithee, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of offenses against public administration, including ethics offenses.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

SECTION 7. This Act takes effect September 1, 2015.