By: Schofield H.B. No. 3543

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Public Integrity Prosecutions Committee and the Office of Public Integrity Prosecutions for the prosecution of offenses against public administration, including ethics offenses, offenses involving insurance fraud, and offenses involving motor fuels tax and to the appointment of committee members and the appointment and compensation of the prosecutor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The Government Code is amended by adding Chapter 47, to read as follows:

CHAPTER 47. PUBLIC INTEGRITY PROSECUTIONS COMMITTEE AND OFFICE OF

PUBLIC INTEGRITY PROSECUTIONS

SUBCHAPTER A. PUBLIC INTEGRITY PROSECUTIONS COMMITTEE

Sec. 47.001 DEFINITIONS. In this subchapter,

(1) "Committee" means the Public Integrity Prosecutions Committee established under this subchapter.

(2) "Office" means the Office of Public Integrity Prosecutions established under Subchapter B.

(3) "Public Integrity Prosecutor" means the chief prosecutor of the Office of Public Integrity Prosecutions.

Sec. 47.002 ESTABLISHMENT OF COMMITTEE; DUTIES. (a) The Public Integrity Prosecutions Committee is established.

(b) The chief justice of the supreme court shall appoint the committee, to consist of not fewer than 30 members, from a list of at least 60 attorneys with prosecution experience in the state submitted by the Texas District and County Attorneys Association or its successor. The chief justice shall appoint the committee in a manner that ensures that each administrative judicial region is represented.

(c) The members of the committee serve at the pleasure of the chief justice.

(d) The committee shall select a presiding officer from among its members and the committee meets at the call of the presiding officer.

(e) The chief justice shall ensure that there are at least 30 active members of the committee at any time when the term of the public integrity prosecutor is about to expire, a vacancy has occurred or is about to occur, or the committee is considering or may consider removing the public integrity prosecutor under Sec. 47.004.

Sec. 47.003. RECOMMENDATION AND APPOINTMENT OF PUBLIC INTEGRITY PROSECUTOR. (a) The committee shall establish a subcommittee from among its members to recommend candidates for the position of public integrity prosecutor. Persons recommended under this section must be licensed to practice law in this state.

(b) The committee shall appoint a person recommended under Subsection (a) as the public integrity prosecutor.

(c) The public integrity prosecutor serves in the position for a six-year term. At the end of said term, the committee shall appoint a person for the next six-year term, following the procedure in Sec 47.002 and this section. No person shall be eligible to reappointed more than once or to serve more than twelve years as public integrity prosecutor. Upon the end of a term, if the public integrity prosecutor has not been reappointed, he ceases to be public integrity prosecutor and does not hold over in office until a successor is qualified. The position will be considered vacant until a successor is qualified in the manner set out in Section 47.002 and this section.

(d) When a vacancy for the position exists, the committee shall appoint a public integrity prosecutor in the manner set out in Section 47.002 and this section.

Sec. 47.004 REMOVAL. The committee may remove the public integrity prosecutor for good cause shown, by a vote of sixty percent of the members of the committee who are then still serving on the committee. Upon removal, the committee shall appoint a new public integrity prosecutor in the manner set out in this section.

SUBCHAPTER B. OFFICE OF PUBLIC INTEGRITY PROSECUTIONS

Sec. 47.051 DEFINITIONS. In this subchapter,

(1) "Offense" means a prohibited act for which state law imposes a criminal or civil penalty.

(2) "Office" means the Office of Public Integrity Prosecutions established under this subchapter.

(3) "Public Integrity Prosecutor" means the chief prosecutor of the Office of Public Integrity Prosecutions.

(4) "Prosecute" means represent the state to impose a criminal or civil penalty.

Sec. 47.052. ESTABLISHMENT OF THE OFFICE OF PUBLIC INTEGRITY PROSECUTIONS; FUNDING. (a) The Office of Public Integrity Prosecutions is established, and operates under the direction and supervision of the public integrity prosecutor.

(b) The office shall have such duties as are set out in this subchapter and elsewhere in law.

(c) The office shall receive funds for personnel costs and expenses:

(1) as specified in the General Appropriations Act; and

(2) from any and all funds appropriated to the Judiciary Section, Comptroller's Department, for purposes of the Public Integrity Unit, Travis County.

Sec. 47.053 STAFF. (a) The public integrity prosecutor shall employ attorneys and employ or retain licensed investigators and other personnel necessary to perform the duties of the office.

(b) The public integrity prosecutor and any attorney employed by the office may not:

(1) engage in the private practice of criminal law; or

(2) accept anything of value not authorized by law for services rendered under this subchapter.

Sec. 47.054 COMPENSATION. The public integrity prosecutor shall be compensated by the Judiciary Section, Comptroller's Department, at the rate and on the payment schedule of the Travis County district attorney.

Sec. 47.055 OFFENSES AGAINST PUBLIC ADMINISTRATION. For the 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. 47.056. OFFENSES INVOLVING INSURANCE FRAUD. For the purposes of this subchapter, the following are offenses involving insurance fraud:

(1) an offense under Chapter 35, Penal Code, including an offense under that chapter that involves workers' compensation insurance under Title 5, Labor Code; or

(2) a fraudulent insurance act as defined by Section 701.001, Insurance Code, including an act that involves workers' compensation insurance under Title 5, Labor Code.

Sec. 47.057. OFFENSES INVOLVING MOTOR FUELS TAX. For purposes of this subchapter, an offense involving motor fuels tax means a felony offense under Section 162.403, Tax Code.

Sec. 47.058. AUTHORITY TO PROSECUTE. (a) In any district or county court of appropriate jurisdiction and venue, the office, under the direction of the public integrity prosecutor, has the authority to prosecute a person for an offense against public administration, an offense involving insurance fraud, or an offense involving motor fuels tax.

(b) The Judiciary Section, Comptroller's Department shall provide funds for use by the office to pay costs incurred as a result of the prosecution of an offense under this subchapter.

(c) The supreme court may adopt rules governing the operations of the office.

Sec. 47.059 COOPERATION OF STATE AGENCIES AND LOCAL LAW ENFORCEMENT AGENCIES AND PROSECUTORS. (a) To the extent allowed by law, a state agency or local law enforcement agency, or a district attorney, criminal district attorney, or county attorney, shall cooperate with the office prosecuting an offense against public administration, an offense involving insurance fraud, or an offense involving motor fuels tax by providing information requested by the office as necessary to carry out the purposes of this subchapter.

(b) A district attorney, criminal district attorney, or county attorney may not interfere with the office's authority to represent the state before a grand jury.

(c) Information disclosed under this section is confidential and not subject to disclosure under Chapter 552.

Sec 47.060 VENUE. Notwithstanding Chapter 13, Code of Criminal Procedure, or other law, if the defendant is a natural person, venue for prosecution of an offense under this Chapter is the county in which the defendant resides.

Sec. 47.061 RESIDENCE. For the purposes of this subchapter, a person resides in the county where that person:

(1) claims a residence homestead under Chapter 41, Property Code, if that person is a member of the Texas Legislature, a justice on the supreme court, or judge on the court of criminal appeals;

(2) claimed to be a resident before being subject to residency requirements under Article IV, Texas Constitution, if that person is a member of the Executive Department of the State; or

(3) otherwise claims residence if no other provision of this subsection applies.

Sec. 47.062 VENUE FOR GRAND JURY PROCEEDINGS. Venue for all grand jury proceedings in prosecutions arising under this Chapter shall be in the venue described in Sec. 47.060.

SECTION 2. Article 20.03, Code of Criminal Procedure, is amended to read as follows:

Art. 20.03. ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR. "The attorney representing the State" means Attorney General, district attorney, criminal district attorney, [or] county attorney, or public integrity prosecutor under Chapter 47, Government Code. The attorney representing the State is entitled to go before the grand jury and inform them of offenses liable to indictment at any time except when they are discussing the propriety of finding an indictment or voting upon the same.

SECTION 3. 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 office of public integrity prosecutions under Chapter 47, [Travis County district attorney] under the seal of the senate or house of representatives, as appropriate.

(c) The public integrity prosecutor [Travis County district attorney] shall bring the matter before the grand jury for action. If the grand jury returns an indictment, the public integrity prosecutor [district attorney] shall prosecute the indictment.

SECTION 4. (a) Not later than January 1, 2016, the chief justice of the supreme court shall appoint the public integrity prosecutions committee under Chapter 47, Government Code, as added by this Act. Not later than March 1, 2016, the public integrity prosecutions committee shall appoint a public integrity prosecutor.

(b) Chapter 47, Government Code, as added by this Act, applies only to the prosecution of an offense against public administration or an offense involving insurance fraud or motor fuels tax committed on or after April 1, 2016. For purposes of this section, an offense is committed before April 1, 2016 if any element of the offense occurs before that date.

(c) The prosecution of an offense committed before April 1, 2016, is covered by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose, except that a county attorney, district attorney, or criminal district attorney may, on the request of the public integrity prosecutor established under Chapter 47, Government Code, as added by this Act, permit the public integrity prosecutor to assume the prosecution of the offense.

(d) On January 1, 2016, appropriations made by the 84th Legislature to the Judiciary Section, Comptroller's Department, for purposes of the Public Integrity Unit, Travis County, are transferred to the Office of Public Integrity Prosecutions established under Chapter 47, Government Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2015.