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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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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, 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. 41.353. INVESTIGATION OF PUBLIC INTEGRITY OFFENSES. |
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(a) The investigation of a formal or informal complaint alleging an |
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offense against public administration under this subchapter shall |
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be conducted by an officer of the Texas Rangers. |
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(b) 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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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(b) may request that the court with jurisdiction over |
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the complaint permit the prosecutor to be recused from the case for |
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good cause. If the court approves the request, the prosecutor shall |
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be considered disqualified. |
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(c) Following the recusal of a prosecutor under Subsection |
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(b), the judges shall select the prosecutor for prosecution of the |
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complaint by a majority vote. The prosecutor for an offense against |
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public administration must represent another county within the same |
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administrative judicial region as the county in which venue is |
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proper under Section 41.357. |
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(d) 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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(e) 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 for the offense only with the approval of |
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a majority of the judges. |
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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) 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 (b), if the defendant is a natural person, venue for a |
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prosecution under this subchapter is the county in which the |
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defendant resides. |
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(b) 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 that office or another office of the executive branch |
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subject to that requirement that the defendant held immediately |
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before being elected to the office being held by the defendant. |
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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(b) 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(c), 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. This Act takes effect September 1, 2015. |