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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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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. SPECIAL PROSECUTOR FOR PUBLIC INTEGRITY |
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OFFENSES. (a) The chief justice of the supreme court shall appoint |
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a special prosecutor for public integrity offenses. |
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(b) In any district or county court of appropriate |
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jurisdiction and venue, the special prosecutor for public integrity |
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offenses has the authority to prosecute a person for an offense |
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against public administration. |
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(c) The supreme court shall provide funds for use by the |
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special prosecutor for public integrity offenses to pay costs |
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incurred as a result of the prosecution of an offense under this |
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subchapter. |
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(d) The special prosecutor for public integrity offenses |
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serves for a two-year term. |
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(e) The supreme court may adopt rules governing the |
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operations of the special prosecutor for public integrity offenses. |
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Sec. 41.354. 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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special prosecutor for public integrity offenses prosecuting an |
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offense against public administration by providing information |
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requested by the special prosecutor as necessary to carry out the |
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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. 41.355. CONFLICT OF INTEREST. In the event of an |
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investigation of an offense against public administration |
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involving a person who is a member of the executive branch, the |
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special prosecutor for public integrity offenses may use |
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investigators other than officers of the Texas Rangers if the |
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special prosecutor believes that an investigation conducted by the |
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officers of the Texas Rangers would be a conflict of interest. |
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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 special prosecutor for public integrity offenses under |
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Subchapter F, Chapter 41, [Travis County district attorney] under |
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the seal of the senate or house of representatives, as appropriate. |
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(c) The special prosecutor for public integrity offenses |
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[Travis County district attorney] shall bring the matter before the |
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grand jury for action. If the grand jury returns an indictment, the |
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special prosecutor [district attorney] shall prosecute the |
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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. |