84R8441 MK-D

By: Taylor of Collin S.B. No. 634

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a task force on unethical and unlawful misconduct by public officials.

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

SECTION 1. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.0208 to read as follows:

Sec. 411.0208. ANTICORRUPTION TASK FORCE. (a) A task force is established under this section to examine the adequacy of state laws, rules, and procedures governing unethical and unlawful misconduct by public officials.

(b) The task force consists of three members, appointed as follows:

(1) not later than February 1 of each odd-numbered year, the governor, lieutenant governor, and speaker of the house of representatives shall each nominate three individuals for each vacancy on the task force to serve on the task force, subject to confirmation by the senate;

(2) if the senate does not confirm the nomination of an individual under Subdivision (1), the official who originally nominated the individual may make an additional nomination, subject to confirmation by the senate; and

(3) not later than April 1 of each odd-numbered year, the supreme court shall select the number of individuals required to fill the vacancies on the task force from the group of individuals who have been confirmed by the senate and appoint those individuals as members of the task force.

(c) Members of the task force shall serve staggered terms of six years, with one member's term expiring February 1 of each odd-numbered year.

(d) A vacancy on the task force must be filled not later than the 60th day after the date the vacancy occurs, using the process prescribed by Subsection (b), except that the nominations under Subsection (b)(1) shall be confirmed by the senate committee with jurisdiction over nominations.

(e) The task force shall meet at the times and places that the members of the task force determine are appropriate. The task force shall adopt rules necessary to fulfill the task force's duties under this section.

(f) Task force members serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.

(g) Chapter 2110 does not apply to the task force.

(h) The task force shall employ an executive director to perform any administrative or personnel management duties of the task force.

(i) The task force shall:

(1) examine the adequacy of existing criminal, campaign finance, and election laws that govern misconduct by public officials and determine whether the existing laws have been effectively enforced;

(2) investigate the compliance of organizations and other persons with existing lobbying laws; and

(3) review recent instances of reported misconduct by public officials in order to guide the task force's recommendations regarding statutory changes.

(j) If the task force discovers any evidence of a violation of existing criminal, campaign finance, or election laws while conducting its duties under Subsection (i), the task force shall promptly disclose all relevant evidence to the appropriate law enforcement agencies.

(k) The task force may investigate allegations of unethical or unlawful misconduct by public officials and may subpoena and examine witnesses and documents that directly relate to an investigation conducted by the task force. The task force may hire investigators as necessary to conduct its duties under this section.

(l) Not later than December 1 of each even-numbered year, the task force shall deliver a report to the legislature, the governor, and the attorney general that includes:

(1) a description of the activities of the task force;

(2) the findings and recommendations of the task force, including any proposed policy recommendations; and

(3) any proposals for legislation or other matters the task force considers appropriate.

SECTION 2. Notwithstanding Section 411.0208(b), Government Code, as added by this Act, the initial members of the task force shall be appointed as follows:

(1) not later than the 45th day after the effective date of this Act, the governor, lieutenant governor, and speaker of the house of representatives shall each nominate five individuals to serve on the task force;

(2) the senate committee with jurisdiction over nominations shall confirm the nominations to the task force not later than the 30th day after the committee receives the nominations from the governor, lieutenant governor, and speaker of the house of representatives;

(3) the supreme court shall appoint the three initial members of the task force from the group of individuals who have been confirmed by the senate committee with jurisdiction over nominations not later than the 30th day after the supreme court receives the list of individuals who have been confirmed by the senate committee; and

(4) the individuals appointed as members of the task force shall hire an executive director not later than the 60th day after the individuals were appointed.

SECTION 3. In appointing the initial members to the task force established under Section 411.0208, Government Code, as added by this Act, the supreme court shall appoint one person to a term expiring February 1, 2017, one person to a term expiring February 1, 2019, and one person to a term expiring February 1, 2021.

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.