By: Huffman S.B. No. 10
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the investigation and prosecution of offenses against
  public administration, including ethics offenses, and offenses
  involving insurance fraud or the imposition of the motor fuels tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 402, Government Code, is amended by
  adding Subchapter D to read as follows:
                     SUBCHAPTER D. PUBLIC INTEGRITY UNIT
         Sec. 402.101.  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.
               (3)  "Prosecuting attorney" means a district attorney,
  criminal district attorney, or county attorney.
         Sec. 402.102.  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. 402.103.  OFFENSES INVOLVING INSURANCE FRAUD.  For
  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. 402.104.  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. 402.105.  PUBLIC INTEGRITY UNIT.  (a)  The office of
  the attorney general shall establish and support a public integrity
  unit consisting of:
               (1)  the attorneys and staff employed by the attorney
  general to investigate and support prosecution of offenses
  described by this subchapter; and
               (2)  one commissioned officer of the Texas Rangers
  division of the Department of Public Safety to assist with each
  investigation by the attorney general and verify the resulting
  findings.
         (b)  The prosecuting attorney described by Subsection
  402.107(a) serves as part of the public integrity unit from the
  date a presiding judge selects that office under this
  subchapter until:
               (1)  the date that the investigation for an offense
  under this subchapter officially ceases; or
               (2)  the date any potential prosecution of an offense
  under this subchapter is fully adjudicated.
         Sec. 402.106.  INVESTIGATION AND PROSECUTION ASSISTANCE BY
  PUBLIC INTEGRITY UNIT.  (a)  Upon receiving a formal or informal
  complaint for an offense under this subchapter or on request of a
  county or district attorney, the public integrity unit has the
  authority to perform an initial investigation into whether a person
  has committed:
               (1)  an offense against public administration;
               (2)  an offense involving insurance fraud; or
               (3)  an offense involving motor fuels tax.
         (b)  while performing an initial investigation under
  Subsection (a), one commissioned officer of the Texas Rangers
  division of the Department of Public Safety shall provide
  assistance to and verify the findings made by the public integrity
  unit.
         (c)  If an initial investigation by the public integrity unit
  demonstrates a reasonable suspicion that:
               (1)  an offense under Subsection (a)(1) occurred, the
  matter shall be referred to the appropriate presiding judge of the
  administrative judicial region containing the county where a person
  accused of that offense resides; or
               (2)  an offense under Subsection (a)(2) or (a)(3)
  occurred, the matter shall be referred to the appropriate venue
  described in Chapter 13, Code of Criminal Procedure.
         (d)  the public integrity unit shall, on request of the
  prosecuting attorney described in Section 402.107(a) of this
  subchapter, assist in the investigation of an offense under this
  subchapter.
         (e)  If assisting in a prosecution as provided by Subsection
  (c)(1), the public integrity unit may exercise the powers as
  necessary to accomplish the assistance, and the prosecuting
  attorney described by Subsection 402.107(a) retains the authority
  to represent the state in the district an inferior courts in the
  prosecution of the offense.
         Sec. 402.107.  SELECTION OF PROSECUTING ATTORNEY BY
  PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL REGION.  (a)  Upon
  receipt of an initial investigation under Subsection
  402.106(c)(1), a presiding judge shall appoint a criminal district
  attorney, district attorney, or county attorney for counties in
  which there is not a resident criminal district attorney as
  provided by Section 21, Article V, Texas Constitution, from any
  judicial district comprised of a county within the borders of that
  particular administrative judicial region, unless that county is
  the county of residence for the person under investigation.
         (b)  Regardless of venue described in Section 402.108, the
  prosecuting attorney under this subchapter retains the sole
  authority to represent the state in the district and inferior
  courts for all offenses under this subchapter and lesser included
  offenses arising from the same transaction that lead to an initial
  investigation under Section 402.106(a)(1).
         (c)  Regardless of venue described in Section 402.108, the
  prosecuting attorney under this subchapter retains the sole
  discretion to terminate an investigation referred to that office
  under this subchapter for insufficient evidence or proceed with
  prosecution.
         (d)  The prosecuting attorney shall notify the public
  integrity unit of the termination of a case for insufficient
  evidence or the results of a case's final adjudication.
         (e)  All prosecution arising from the investigation
  described by Section 402.106(a)(1), including proceedings before a
  grand jury, shall be at the venue described in Section 402.108.
         Sec. 402.108.  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 Subsection
  402.106(a)(1) is the county in which the defendant resides.
         Sec. 402.109.  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;
               (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;
               (3)  claims a residence homestead under Chapter 41,
  Property Code if that person is a justice on the supreme court or
  judge on the court of criminal appeals; or
               (4)  otherwise claims residence if no other provision
  of this subsection applies.
         Sec. 402.110.  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
  public integrity unit by providing information requested by the
  unit 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.
         SECTION 2.  Section 402.009, Government Code, is amended to
  read as follows:
         Sec. 402.009.  AUTHORITY TO EMPLOY AND COMMISSION PEACE
  OFFICERS.  The attorney general may employ and commission peace
  officers as investigators for:
               (1)  the limited purpose of assisting the attorney
  general in carrying out the duties of that office relating to
  prosecution assistance and crime prevention; or
               (2)  the purpose of investigating offenses under
  Subchapter D.
         SECTION 3.  (a)  Not later than three months after the
  effective date of this Act, the attorney general shall establish
  the public integrity unit under Subchapter D, Chapter 402,
  Government Code, as added by this Act.
         (b)  Subchapter D, Chapter 402, Government Code, as added by
  this Act, applies only to the prosecution of an offense under
  Subchapter D, Chapter 402, Government Code committed on or after
  the date that the attorney general establishes the public integrity
  unit.  For purposes of this section, an offense is committed if any
  element of the offense occurs before the date described by this
  Section.
         (c)  The prosecution of an offense committed before the date
  described in Subsection (b) of this Section, is covered by the law
  in effect when the offense was committed, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.