Texas 2009 - 81st Regular

Texas House Bill HB1400 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6429 ESH-D
2	2	By: Christian H.B. No. 1400
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a public integrity unit in the office of
8	8	the attorney general to prosecute offenses against public
9	9	administration, including ethics offenses, and offenses involving
10	10	insurance fraud.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 402, Government Code, is amended by
13	13	adding Subchapter D to read as follows:
14	14	SUBCHAPTER D. PUBLIC INTEGRITY UNIT
15	15	Sec. 402.101. DEFINITIONS. In this subchapter:
16	16	(1) "Offense" means a prohibited act for which state
17	17	law imposes a criminal or civil penalty.
18	18	(2) "Prosecute" means represent the state to impose a
19	19	criminal or civil penalty.
20	20	(3) "Prosecuting attorney" means a district attorney,
21	21	criminal district attorney, or county attorney.
22	22	Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
23	23	purposes of this subchapter, the following are offenses against
24	24	public administration:
25	25	(1) an offense under Title 8, Penal Code, committed by
26	26	a state officer or a state employee in connection with the powers
27	27	and duties of the state office or state employment;
28	28	(2) an offense under Chapter 301, 302, 305, 571, 572,
29	29	or 2004;
30	30	(3) an offense under Chapter 573 committed by a state
31	31	officer in connection with the powers and duties of the state
32	32	office;
33	33	(4) an offense under Title 15, Election Code,
34	34	committed in connection with:
35	35	(A) a campaign for or the holding of state
36	36	office; or
37	37	(B) an election on a proposed constitutional
38	38	amendment; and
39	39	(5) an offense involving compliance with the
40	40	requirements relating to the imposition of the motor fuels tax
41	41	imposed under Chapter 162, Tax Code, including an offense described
42	42	by Section 162.403, Tax Code.
43	43	Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For
44	44	purposes of this subchapter, the following are offenses involving
45	45	insurance fraud:
46	46	(1) an offense under Chapter 35, Penal Code, including
47	47	an offense under that chapter that involves workers' compensation
48	48	insurance under Title 5, Labor Code; or
49	49	(2) a fraudulent insurance act as defined by Section
50	50	701.001, Insurance Code, including an act that involves workers'
51	51	compensation insurance under Title 5, Labor Code.
52	52	Sec. 402.104. PUBLIC INTEGRITY UNIT. The public integrity
53	53	unit is in the office of the attorney general.
54	54	Sec. 402.105. PROSECUTION BY PUBLIC INTEGRITY UNIT. (a) In
55	55	any district or county court of appropriate jurisdiction and venue,
56	56	the public integrity unit may prosecute a person for:
57	57	(1) an offense against public administration; or
58	58	(2) an offense involving insurance fraud.
59	59	(b) The public integrity unit must assert the right to
60	60	prosecute under this section in writing to the appropriate
61	61	prosecuting attorney. If the unit asserts the right to prosecute
62	62	under this section:
63	63	(1) the unit has all the powers of the prosecuting
64	64	attorney, including the power to represent the state before a grand
65	65	jury; and
66	66	(2) the prosecuting attorney may not prosecute the
67	67	same person for the same act, but on request of the unit shall
68	68	assist in the prosecution.
69	69	Sec. 402.106. COOPERATION OF STATE AGENCIES AND LOCAL LAW
70	70	ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
71	71	agency or local law enforcement agency shall cooperate with the
72	72	public integrity unit by providing information requested by the
73	73	unit as necessary to carry out the purposes of this subchapter.
74	74	(b) Information disclosed under this section is
75	75	confidential and not subject to disclosure under Chapter 552.
76	76	Sec. 402.107. VENUE. Notwithstanding Chapter 13, Code of
77	77	Criminal Procedure, or other law, if the defendant is a natural
78	78	person, venue for a prosecution by the public integrity unit is in
79	79	the county in which the defendant resides.
80	80	SECTION 2. Sections 301.027(b) and (c), Government Code,
81	81	are amended to read as follows:
82	82	(b) If the president of the senate or speaker receives a
83	83	report or statement of facts as provided by Subsection (a), the
84	84	president of the senate or speaker shall certify the statement of
85	85	facts to the public integrity unit of the office of the attorney
86	86	general [Travis County district attorney] under the seal of the
87	87	senate or house of representatives, as appropriate.
88	88	(c) The public integrity unit [Travis County district
89	89	attorney] shall bring the matter before the grand jury for action.
90	90	If the grand jury returns an indictment, the public integrity unit
91	91	[district attorney] shall prosecute the indictment.
92	92	SECTION 3. Section 402.009, Government Code, is amended to
93	93	read as follows:
94	94	Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
95	95	OFFICERS. The attorney general may employ and commission peace
96	96	officers as investigators for:
97	97	(1) the limited purpose of assisting the attorney
98	98	general in carrying out the duties of that office relating to
99	99	prosecution assistance and crime prevention; or
100	100	(2) the purpose of investigating offenses against
101	101	public administration and offenses involving insurance fraud that
102	102	may be prosecuted under Subchapter D.
103	103	SECTION 4. Section 35.04, Penal Code, is amended to read as
104	104	follows:
105	105	Sec. 35.04. JURISDICTION OF ATTORNEY GENERAL. (a) As
106	106	provided by Section 402.105, Government Code, the public integrity
107	107	unit of the office of the attorney general may prosecute an offense
108	108	under Section 35.02.
109	109	(b) If the public integrity unit does not assert its right
110	110	as provided by Section 402.105, Government Code, to prosecute an
111	111	offense under Section 35.02, the [The] attorney general may:
112	112	(1) offer to an attorney representing the state in the
113	113	prosecution of the [an] offense [under Section 35.02] the
114	114	investigative, technical, and litigation assistance of the
115	115	attorney general's office; or
116	116	(2) [.
117	117	[(b) The attorney general may prosecute or] assist in the
118	118	prosecution of the [an] offense [under Section 35.02] on the
119	119	request of the attorney representing the state [described by
120	120	Subsection (a)].
121	121	SECTION 5. (a) Not later than March 1, 2010, the attorney
122	122	general shall establish the public integrity unit under Subchapter
123	123	D, Chapter 402, Government Code, as added by this Act.
124	124	(b) Subchapter D, Chapter 402, Government Code, applies
125	125	only to the prosecution of an offense against public administration
126	126	or an offense involving insurance fraud committed on or after April
127	127	1, 2010. For purposes of this section, an offense is committed
128	128	before April 1, 2010, if any element of the offense occurs before
129	129	that date.
130	130	(c) The prosecution of an offense committed before April 1,
131	131	2010, is covered by the law in effect when the offense was
132	132	committed, and the former law is continued in effect for that
133	133	purpose, except that a county attorney, district attorney, or
134	134	criminal district attorney may, on the request of the attorney
135	135	general, permit the public integrity unit established under
136	136	Subchapter D, Chapter 402, Government Code, as added by this Act, to
137	137	assume the prosecution of such an offense.
138	138	SECTION 6. This Act takes effect January 1, 2010, but only
139	139	if the constitutional amendment proposed by the 81st Legislature,
140	140	Regular Session, 2009, to permit the attorney general to prosecute
141	141	offenses against public administration, including ethics offenses,
142	142	and offenses involving insurance fraud, takes effect. If that
143	143	amendment is not approved by the voters, this Act has no effect.