81R5151 ESH-D
By: Miller of Erath H.B. No. 778
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution by the attorney general of campaign
finance offenses alleged to have been committed in connection with
a state office or an election on a constitutional amendment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 402, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PROSECUTION OF CERTAIN CAMPAIGN FINANCE OFFENSES
Sec. 402.101. DEFINITIONS. In this subchapter:
(1) "Offense" means a prohibited act for which state
law imposes a criminal or civil penalty.
(2) "Prosecute" means represent the state to impose a
criminal or civil penalty.
(3) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney.
(4) "State office" means:
(A) a statewide elected office;
(B) the office of secretary of state;
(C) the office of state senator;
(D) the office of state representative;
(E) the office of member, State Board of
Education;
(F) the office of justice, court of appeals;
(G) the office of district judge; or
(H) the office of district attorney or criminal
district attorney.
Sec. 402.102. PROSECUTION BY ATTORNEY GENERAL. (a) In any
district or county court of appropriate jurisdiction and venue, the
attorney general may prosecute a person for an offense that:
(1) arises under Title 15, Election Code; and
(2) is alleged to have been committed in connection
with:
(A) a campaign for or the holding of state
office; or
(B) an election on a proposed constitutional
amendment.
(b) The attorney general must assert the right to prosecute
under this section in writing to the appropriate prosecuting
attorney. If the attorney general asserts the right to prosecute
under this section:
(1) the attorney general has all the powers of the
prosecuting attorney, including the power to represent the state
before a grand jury; and
(2) the prosecuting attorney may not prosecute the
same person for the same act, but on request of the attorney general
shall assist in the prosecution.
Sec. 402.103. COOPERATION OF STATE AGENCIES AND LOCAL LAW
ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
agency or local law enforcement agency shall cooperate with the
attorney general by providing information requested by the attorney
general as necessary to carry out the purposes of this subchapter.
(b) Information disclosed under this section is
confidential and not subject to disclosure under Chapter 552.
Sec. 402.104. VENUE. Notwithstanding Chapter 13, Code of
Criminal Procedure, or other law, if the defendant is a natural
person, venue for a prosecution by the attorney general is in the
county in which the defendant resides.
SECTION 2. Section 402.009, Government Code, is amended to
read as follows:
Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
OFFICERS. The attorney general may employ and commission peace
officers as investigators for:
(1) the limited purpose of assisting the attorney
general in carrying out the duties of that office relating to
prosecution assistance and crime prevention; or
(2) the purpose of investigating campaign finance
offenses that may be prosecuted under Subchapter D.
SECTION 3. (a) Subchapter D, Chapter 402, Government Code,
as added by this Act, applies only to the prosecution of a campaign
finance offense committed on or after April 1, 2010. For purposes
of this section, an offense is committed before April 1, 2010, if
any element of the offense occurs before that date.
(b) The prosecution of a campaign finance offense committed
before April 1, 2010, is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose, except that a county attorney, district attorney, or
criminal district attorney may, on the request of the attorney
general, permit the attorney general to assume the prosecution of
such an offense.
SECTION 4. This Act takes effect January 1, 2010, but only
if the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, to permit the attorney general to prosecute
offenses that arise under the campaign finance laws of this state
and that are alleged to have been committed in connection with a
state office or an election on a constitutional amendment, takes
effect. If the proposed amendment is not approved by the voters,
this Act has no effect.