84R9092 MK-D

By: King of Parker H.B. No. 1690

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.

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, 305, 571, 572, or 2004;

(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. SPECIAL PROSECUTOR FOR PUBLIC INTEGRITY OFFENSES. (a) The chief justice of the supreme court shall appoint a special prosecutor for public integrity offenses.

(b) In any district or county court of appropriate jurisdiction and venue, the special prosecutor for public integrity offenses has the authority to prosecute a person for an offense against public administration.

(c) The supreme court shall provide funds for use by the special prosecutor for public integrity offenses to pay costs incurred as a result of the prosecution of an offense under this subchapter.

(d) The special prosecutor for public integrity offenses serves for a two-year term.

(e) The supreme court may adopt rules governing the operations of the special prosecutor for public integrity offenses.

Sec. 41.354. 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 special prosecutor for public integrity offenses prosecuting an offense against public administration by providing information requested by the special 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. 41.355. CONFLICT OF INTEREST. In the event of an investigation of an offense against public administration involving a person who is a member of the executive branch, the special prosecutor for public integrity offenses may use investigators other than officers of the Texas Rangers if the special prosecutor believes that an investigation conducted by the officers of the Texas Rangers would be a conflict of interest.

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 special prosecutor for public integrity offenses under Subchapter F, Chapter 41, [Travis County district attorney] under the seal of the senate or house of representatives, as appropriate.

(c) The special prosecutor for public integrity offenses [Travis County district attorney] shall bring the matter before the grand jury for action. If the grand jury returns an indictment, the special prosecutor [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. This Act takes effect September 1, 2015.