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.