Honorable John Kuempel, Chair, House Committee on General Investigating & Ethics
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB10 by Huffman (Relating to the prosecution of offenses against public administration, including ethics offenses.), Committee Report 2nd House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code to direct an officer of the Texas Rangers to conduct an investigation of a complaint alleging an offense against public administration, including ethics offenses, as defined in the bill.
The bill would also:
1) Require state agencies and local law enforcement agencies to assist in the Texas Ranger's investigation;
2) Allow state agencies specifically designated as responsible for investigating particular complaints to continue to investigate such offenses with assistance from the Texas Rangers;
3) Specify referral procedures in cases of conflicts of interest;
4) Require the Texas Ranger to refer offenses to the appropriate prosecutor of the county in which venue is proper, as defined by the bill;
5) Require prosecutors to notify the Texas Rangers regarding status of referred cases;
6) Specify conditions upon which a local prosecutor can be recused;
7) Provide that investigations ongoing at the time of the effective date of the bill would remain with the entity conducting the investigation, unless the entity consents to transfer the investigation to the Texas Rangers.
It is assumed any costs associated with implementing the provisions of the bill could be absorbed within existing resources.
Local Government Impact
The Office of Court Administration indicates that while there may be some costs for travel associated with appointed prosecutors in cases where the local prosecutor is recused, no significant fiscal implication to local courts is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 454 Department of Insurance, 356 Texas Ethics Commission