| 1 | 1 | | 81R5151 ESH-D |
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| 2 | 2 | | By: Miller of Erath H.B. No. 778 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution by the attorney general of campaign |
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| 8 | 8 | | finance offenses alleged to have been committed in connection with |
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| 9 | 9 | | a state office or an election on a constitutional amendment. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 402, Government Code, is amended by |
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| 12 | 12 | | adding Subchapter D to read as follows: |
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| 13 | 13 | | SUBCHAPTER D. PROSECUTION OF CERTAIN CAMPAIGN FINANCE OFFENSES |
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| 14 | 14 | | Sec. 402.101. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Offense" means a prohibited act for which state |
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| 16 | 16 | | law imposes a criminal or civil penalty. |
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| 17 | 17 | | (2) "Prosecute" means represent the state to impose a |
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| 18 | 18 | | criminal or civil penalty. |
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| 19 | 19 | | (3) "Prosecuting attorney" means a district attorney, |
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| 20 | 20 | | criminal district attorney, or county attorney. |
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| 21 | 21 | | (4) "State office" means: |
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| 22 | 22 | | (A) a statewide elected office; |
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| 23 | 23 | | (B) the office of secretary of state; |
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| 24 | 24 | | (C) the office of state senator; |
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| 25 | 25 | | (D) the office of state representative; |
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| 26 | 26 | | (E) the office of member, State Board of |
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| 27 | 27 | | Education; |
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| 28 | 28 | | (F) the office of justice, court of appeals; |
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| 29 | 29 | | (G) the office of district judge; or |
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| 30 | 30 | | (H) the office of district attorney or criminal |
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| 31 | 31 | | district attorney. |
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| 32 | 32 | | Sec. 402.102. PROSECUTION BY ATTORNEY GENERAL. (a) In any |
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| 33 | 33 | | district or county court of appropriate jurisdiction and venue, the |
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| 34 | 34 | | attorney general may prosecute a person for an offense that: |
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| 35 | 35 | | (1) arises under Title 15, Election Code; and |
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| 36 | 36 | | (2) is alleged to have been committed in connection |
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| 37 | 37 | | with: |
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| 38 | 38 | | (A) a campaign for or the holding of state |
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| 39 | 39 | | office; or |
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| 40 | 40 | | (B) an election on a proposed constitutional |
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| 41 | 41 | | amendment. |
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| 42 | 42 | | (b) The attorney general must assert the right to prosecute |
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| 43 | 43 | | under this section in writing to the appropriate prosecuting |
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| 44 | 44 | | attorney. If the attorney general asserts the right to prosecute |
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| 45 | 45 | | under this section: |
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| 46 | 46 | | (1) the attorney general has all the powers of the |
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| 47 | 47 | | prosecuting attorney, including the power to represent the state |
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| 48 | 48 | | before a grand jury; and |
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| 49 | 49 | | (2) the prosecuting attorney may not prosecute the |
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| 50 | 50 | | same person for the same act, but on request of the attorney general |
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| 51 | 51 | | shall assist in the prosecution. |
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| 52 | 52 | | Sec. 402.103. COOPERATION OF STATE AGENCIES AND LOCAL LAW |
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| 53 | 53 | | ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state |
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| 54 | 54 | | agency or local law enforcement agency shall cooperate with the |
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| 55 | 55 | | attorney general by providing information requested by the attorney |
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| 56 | 56 | | general as necessary to carry out the purposes of this subchapter. |
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| 57 | 57 | | (b) Information disclosed under this section is |
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| 58 | 58 | | confidential and not subject to disclosure under Chapter 552. |
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| 59 | 59 | | Sec. 402.104. VENUE. Notwithstanding Chapter 13, Code of |
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| 60 | 60 | | Criminal Procedure, or other law, if the defendant is a natural |
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| 61 | 61 | | person, venue for a prosecution by the attorney general is in the |
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| 62 | 62 | | county in which the defendant resides. |
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| 63 | 63 | | SECTION 2. Section 402.009, Government Code, is amended to |
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| 64 | 64 | | read as follows: |
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| 65 | 65 | | Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE |
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| 66 | 66 | | OFFICERS. The attorney general may employ and commission peace |
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| 67 | 67 | | officers as investigators for: |
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| 68 | 68 | | (1) the limited purpose of assisting the attorney |
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| 69 | 69 | | general in carrying out the duties of that office relating to |
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| 70 | 70 | | prosecution assistance and crime prevention; or |
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| 71 | 71 | | (2) the purpose of investigating campaign finance |
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| 72 | 72 | | offenses that may be prosecuted under Subchapter D. |
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| 73 | 73 | | SECTION 3. (a) Subchapter D, Chapter 402, Government Code, |
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| 74 | 74 | | as added by this Act, applies only to the prosecution of a campaign |
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| 75 | 75 | | finance offense committed on or after April 1, 2010. For purposes |
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| 76 | 76 | | of this section, an offense is committed before April 1, 2010, if |
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| 77 | 77 | | any element of the offense occurs before that date. |
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| 78 | 78 | | (b) The prosecution of a campaign finance offense committed |
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| 79 | 79 | | before April 1, 2010, is covered by the law in effect when the |
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| 80 | 80 | | offense was committed, and the former law is continued in effect for |
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| 81 | 81 | | that purpose, except that a county attorney, district attorney, or |
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| 82 | 82 | | criminal district attorney may, on the request of the attorney |
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| 83 | 83 | | general, permit the attorney general to assume the prosecution of |
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| 84 | 84 | | such an offense. |
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| 85 | 85 | | SECTION 4. This Act takes effect January 1, 2010, but only |
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| 86 | 86 | | if the constitutional amendment proposed by the 81st Legislature, |
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| 87 | 87 | | Regular Session, 2009, to permit the attorney general to prosecute |
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| 88 | 88 | | offenses that arise under the campaign finance laws of this state |
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| 89 | 89 | | and that are alleged to have been committed in connection with a |
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| 90 | 90 | | state office or an election on a constitutional amendment, takes |
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| 91 | 91 | | effect. If the proposed amendment is not approved by the voters, |
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| 92 | 92 | | this Act has no effect. |
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