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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation and prosecution of certain open |
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meetings offenses as offenses against public administration and the |
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publication of certain information regarding the prosecution of |
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those offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0252, Government Code, is amended to |
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read as follows: |
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Sec. 411.0252. OFFENSES AGAINST PUBLIC ADMINISTRATION. For |
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purposes of this subchapter, the following are offenses against |
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public administration: |
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(1) an offense under Title 8, Penal Code, committed by |
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a state officer or a state employee in connection with the powers |
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and duties of the state office or state employment; |
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(2) an offense under Chapter 301, 302, 571, 572, or |
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2004 committed by a state officer or a state employee in connection |
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with the powers and duties of the state office or state employment |
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or by a candidate for state office; |
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(3) an offense under Chapter 573 committed by a state |
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officer in connection with the powers and duties of the state |
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office; [and] |
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(4) an offense under Title 15, Election Code, |
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committed in connection with: |
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(A) a campaign for or the holding of state |
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office; or |
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(B) an election on a proposed constitutional |
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amendment; and |
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(5) an offense under Chapter 551 committed by a county |
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or municipal officer or school district board of trustees member. |
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SECTION 2. Section 411.0253, Government Code, is amended by |
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adding Subsection (d-1) and amending Subsection (e) to read as |
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follows: |
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(d-1) A prosecuting attorney who receives a formal or |
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informal complaint regarding an offense against public |
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administration described by Section 411.0252(5) shall request the |
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assistance of the public integrity unit in the investigation of the |
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offense. |
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(e) The public integrity unit shall: |
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(1) [,] on request of the prosecuting attorney |
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described by Subsection (d) and for an offense against public |
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administration other than an offense described by Section |
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411.0252(5), assist the attorney in the investigation of the [an] |
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offense; or |
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(2) on request of the prosecuting attorney described |
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by Subsection (d) or (d-1) and for an offense against public |
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administration described by Section 411.0252(5): |
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(A) assist the attorney in the investigation of |
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the offense; or |
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(B) refer the investigation of the offense to |
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another law enforcement agency with jurisdiction to investigate the |
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offense [against public administration]. |
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SECTION 3. Section 411.0254, Government Code, is amended to |
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read as follows: |
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Sec. 411.0254. NOTIFICATION REGARDING DISPOSITION OF |
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CASE. (a) The prosecuting attorney shall notify the public |
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integrity unit of: |
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(1) the termination of a case investigated by the |
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public integrity unit; or |
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(2) the results of the final disposition of a case |
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investigated by the public integrity unit, including the final |
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adjudication or entry of a plea. |
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(b) If the prosecuting attorney decides to not prosecute or |
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to terminate the investigation of a case regarding an offense |
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against public administration described by Section 411.0252(5), |
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the attorney shall publish on the attorney's Internet website, if |
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any, for a period of not less than one year: |
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(1) notice of the attorney's decision to not prosecute |
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the case; and |
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(2) the attorney's reason for not prosecuting the |
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case. |
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SECTION 4. The changes in law made by this Act apply only to |
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the investigation or prosecution of an offense committed on or |
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after the effective date of this Act. The investigation or |
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prosecution of an offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |