81R3467 SJM-F
By: Carona S.B. No. 388
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the law enforcement integrity unit in
the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0207 to read as follows:
Sec. 411.0207. LAW ENFORCEMENT INTEGRITY UNIT. (a) In
this section, "law enforcement corruption" means a violation of
state or federal criminal law committed in this state by:
(1) an individual elected, appointed, or employed to
serve as a peace officer for a governmental entity of this state
under Article 2.12, Code of Criminal Procedure; or
(2) a federal law enforcement officer performing
duties in this state.
(b) A law enforcement integrity unit is created within the
department to assist in the enforcement of laws relating to law
enforcement corruption. The unit shall:
(1) assist district attorneys and county attorneys in
the investigation and prosecution of law enforcement corruption;
(2) assist state agencies with the investigation of
complaints and administrative enforcement actions for law
enforcement corruption, including the assessment of an
administrative penalty or other administrative sanction;
(3) assist the United States Department of Justice or
any other appropriate federal department or agency in the
investigation and prosecution of law enforcement corruption;
(4) assist federal agencies with the investigation of
complaints and administrative enforcement actions for law
enforcement corruption, including the assessment of an
administrative penalty or other administrative sanction;
(5) serve as a clearinghouse for information relating
to the investigation and prosecution of law enforcement corruption
in this state; and
(6) report to the commission.
(c) To the extent allowed by law, a state agency or local law
enforcement agency shall cooperate with the law enforcement
integrity unit by providing information requested by the unit as
necessary to carry out the purposes of this section. Information
disclosed under this subsection is confidential and not subject to
disclosure under Chapter 552.
(d) The commission may transfer administration of the law
enforcement integrity unit from the department to the office of
inspector general if:
(1) an inspector general position is created; and
(2) the inspector general investigates the affairs of
two or more agencies, of which at least one agency is not an agency
administered by the Health and Human Services Commission.
(e) If the commission transfers the unit:
(1) unless modified by a memorandum of understanding,
the administration, including employees, records, and equipment,
of the law enforcement integrity unit shall be transferred from the
department to the office of inspector general;
(2) unless modified by a memorandum of understanding,
all rules, policies, procedures, and decisions of the department
relating to the administration of the law enforcement integrity
unit are continued in effect as rules, policies, procedures, and
decisions of the office of inspector general until superseded by a
rule or other appropriate action by the office;
(3) a reference in law or administrative rule to the
department relating to the administration of the law enforcement
integrity unit means the office of inspector general;
(4) the department shall transfer money specifically
appropriated by the legislature for the purpose of administering
the law enforcement integrity unit to the office of inspector
general;
(5) the department and the office of inspector general
shall enter into a memorandum of understanding relating to the
transfer of the law enforcement integrity unit from the department
to the office as provided by this section; and
(6) the law enforcement integrity unit shall continue
to report to the commission.
SECTION 2. Not later than December 1, 2010, the Department
of Public Safety shall establish the law enforcement integrity unit
under Section 411.0207, Government Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.