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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of offenses against public |
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administration, including ethics offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 41, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. PUBLIC INTEGRITY PROSECUTIONS |
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Sec. 41.351. 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) "Public integrity prosecution" means the |
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prosecution of an offense against public administration under |
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Section 41.352. |
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(4) "State agency" means a department, commission, |
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board, office, council, authority, or other agency in the executive |
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branch of state government that is created by the constitution or a |
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statute of this state, including a university system or institution |
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of higher education as defined by Section 61.003, Education Code. |
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(5) "State employee" means an individual, other than a |
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state officer, who is employed by: |
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(A) a state agency; |
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(B) the Supreme Court of Texas, the Court of |
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Criminal Appeals of Texas, a court of appeals, or the Texas Judicial |
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Council; or |
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(C) either house of the legislature or a |
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legislative agency, council, or committee, including the |
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Legislative Budget Board, the Texas Legislative Council, the State |
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Auditor's Office, and the Legislative Reference Library. |
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(6) "State officer" means an elected officer, an |
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appointed officer, a salaried appointed officer, an appointed |
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officer of a major state agency, or the executive head of a state |
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agency. |
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Sec. 41.352. 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, 571, 572, or |
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2004 committed by a state officer or a state employee in connection |
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with the powers and duties of the state office or state employment |
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or by a candidate for state office; |
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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. 41.353. INVESTIGATION OF PUBLIC INTEGRITY OFFENSES. |
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(a) Unless another state agency is designated as having primary |
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responsibility for an investigation of a complaint alleging an |
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offense against public administration, an investigation of a formal |
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or informal complaint alleging an offense against public |
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administration under this subchapter shall be conducted by an |
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officer of the Texas Rangers. If a state agency other than the Texas |
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Rangers has primary responsibility for an investigation of a |
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complaint alleging an offense against public administration, the |
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Texas Rangers shall provide assistance if assistance is requested |
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by that state agency. |
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(b) Nothing in this subchapter shall prevent the state |
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auditor from conducting an investigation under Chapter 321, |
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including an investigation of a formal or informal complaint |
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alleging an offense against public administration. |
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(c) If an investigation conducted by the Texas Rangers of a |
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complaint alleging an offense against public administration |
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demonstrates a reasonable suspicion that the offense alleged in the |
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complaint occurred, the officer of the Texas Rangers conducting the |
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investigation shall refer the complaint to the appropriate |
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prosecutor of the county in which venue is proper under Section |
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41.357. |
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(d) Not later than the 90th day before the expiration of the |
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statute of limitations for the prosecution of an offense against |
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public administration alleged in a complaint referred by the Texas |
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Rangers under Subsection (c), the prosecutor to whom the complaint |
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was referred shall notify the Texas Rangers of the status of the |
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case. The Texas Rangers shall immediately notify the legislature |
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if a prosecutor does not provide the status notification to the |
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Texas Rangers within the time provided in this subsection. |
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Sec. 41.354. RECUSAL OF PROSECUTOR. (a) In this section, |
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"judges" means the presiding judges of the administrative judicial |
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regions. |
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(b) A prosecutor to whom a complaint has been referred under |
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Section 41.353(c) or the defendant may request that the court with |
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jurisdiction over the complaint order the prosecutor to be recused |
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from the case for good cause. If the court approves the request, the |
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prosecutor shall be considered disqualified. |
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(c) A prosecutor to whom a complaint has been referred under |
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Section 41.353(c) and who has, either currently or in the past, a |
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financial or other business relationship with the defendant must |
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request that the court with jurisdiction over the complaint permit |
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the prosecutor to be recused from the case for good cause. If the |
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court approves the request, the prosecutor shall be considered |
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disqualified. |
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(d) A prosecutor to whom a complaint has been referred under |
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Section 41.353(c) shall disclose to the court if the prosecutor, in |
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either a personal or professional capacity, has ever made a |
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campaign contribution to or received a campaign contribution from |
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the person against whom the complaint was made or a political |
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committee organized for the benefit of the person against whom the |
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complaint was made. The court shall consider a disclosure made |
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under this subsection in determining whether good cause exists for |
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recusal. |
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(e) Following the recusal of a prosecutor under Subsection |
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(b) or (c), the judges shall select the prosecutor for prosecution |
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of the complaint by a majority vote. The prosecutor for an offense |
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against public administration must represent another county within |
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the same administrative judicial region as the county in which |
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venue is proper under Section 41.357. A prosecutor may be selected |
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under this section only with the prosecutor's consent to the |
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appointment. |
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(f) In selecting a prosecutor under this section, the judges |
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shall consider the proximity of the county or district represented |
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by the prosecutor to the county in which venue is proper under |
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Section 41.357. |
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(g) The prosecutor selected to prosecute the public |
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integrity offense under this section may pursue a waiver to extend |
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the statute of limitations by no more than two years. If the waiver |
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adds less than two years to limitations, the prosecutor may pursue a |
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successive waiver for good cause shown to the court, providing that |
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the total time of all waivers does not exceed two years. |
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Sec. 41.355. 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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prosecutor of a public integrity prosecution by providing |
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information requested by the prosecutor as necessary to carry out |
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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. 41.356. CONFLICT OF INTEREST. (a) The Texas Rangers |
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may refer the investigation of a complaint alleging an offense |
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against public administration involving a person who is a member of |
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the executive branch to the local law enforcement agency that would |
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otherwise have authority to investigate the complaint, if a |
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conflict of interest arises from the conduct of an investigation by |
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the officers of the Texas Rangers. |
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(b) If, in the course of conducting an investigation of a |
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complaint, the Texas Rangers determine that an individual who is |
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assigned to the security detail of a state official is a fact |
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witness or has knowledge of the facts underlying the complaint, the |
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Texas Rangers shall refer the investigation of the complaint to |
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another law enforcement agency. The public safety director shall |
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notify the chair of the Public Safety Commission of the referral of |
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a complaint to another law enforcement agency within 24 hours after |
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the referral is made. |
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(c) If a formal or informal complaint alleges that the |
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public safety director or a deputy or assistant director of the |
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Department of Public Safety has committed an offense against public |
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administration, the Texas Rangers shall refer the investigation of |
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the complaint to another law enforcement agency. The public safety |
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director shall notify the chair of the Public Safety Commission of |
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the referral of a complaint to another law enforcement agency |
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within 24 hours after the referral is made. |
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(d) Local law enforcement must comply with all requirements |
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of this subchapter in conducting an investigation of a complaint |
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alleging an offense against public administration as provided by |
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this section. |
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Sec. 41.357. VENUE. (a) Notwithstanding Chapter 13, Code |
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of Criminal Procedure, or any other law, and except as provided by |
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Subsection (c) or (d), if the defendant is a state officer, venue |
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for a prosecution under this subchapter is the county in which the |
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defendant resided at the time the offense was committed. |
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(b) Notwithstanding any other law, if the defendant is a |
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state employee who is not a state officer, venue for a prosecution |
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under this subchapter is the county in which the conduct |
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constituting the offense against public administration occurred. |
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(c) If the defendant holds an office of the executive branch |
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subject to a residency requirement under Article IV, Texas |
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Constitution, venue for a prosecution under this subchapter is the |
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county in which the defendant resided at the time the defendant was |
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elected to the term of that office during which the offense was |
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committed. |
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(d) If a complaint alleging an offense against public |
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administration under this subchapter alleges that an offense was |
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committed by two or more defendants, venue for the prosecution of |
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all defendants under this subchapter is any county in which the |
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conduct constituting the offense against public administration |
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occurred. |
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Sec. 41.358. PROSECUTION OF CERTAIN OFFENSES BY ATTORNEY |
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GENERAL. Nothing in this subchapter shall be construed as limiting |
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the authority of the attorney general to prosecute offenses under |
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Section 273.021, Election Code. |
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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 appropriate prosecuting [Travis County district] |
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attorney as provided under Section 41.353(c) under the seal of the |
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senate or house of representatives, as appropriate. |
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(c) The prosecuting [Travis County district] attorney to |
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whom a statement of facts is certified under Subsection (a) or the |
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prosecutor selected under Section 41.354(e), if applicable, shall |
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bring the matter before the grand jury for action. If the grand |
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jury returns an indictment, the prosecuting [district] attorney |
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shall prosecute the indictment. |
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SECTION 3. Section 411.022, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An officer of the Texas Rangers has the authority to |
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investigate offenses against public administration prosecuted |
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under Subchapter F, Chapter 41. |
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SECTION 4. Subchapter F, Chapter 41, Government Code, as |
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added by this Act, applies only to the prosecution of an offense |
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against public administration committed on or after September 1, |
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2015. For purposes of this section, an offense is committed before |
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September 1, 2015, if any element of the offense occurs before that |
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date. |
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SECTION 5. The investigation of an offense against public |
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administration that is classified as ongoing or pending on the |
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effective date of this Act shall remain with the entity that is |
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conducting the investigation, unless the entity consents to |
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transfer the investigation to the Texas Rangers. |
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SECTION 6. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the |
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invalid provision or application, and to |
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this end the provisions of this Act are severable. |
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SECTION 7. This Act takes effect September 1, 2015. |