By: Carona S.B. No. 388
(In the Senate - Filed December 23, 2008; February 17, 2009,
read first time and referred to Committee on Criminal Justice;
April 15, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 15, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 388 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a law enforcement integrity unit in the
Department of Public Safety of the State of Texas.
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. PUBLIC CORRUPTION UNIT. (a) In this
section, "organized criminal activity" means conduct that
constitutes an offense under Section 71.02, Penal Code.
(b) A law enforcement integrity unit is created within the
department to investigate and assist in the management of
allegations of participation in organized criminal activity 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 while performing
duties in this state.
(c) The unit shall:
(1) assist district attorneys and county attorneys in
the investigation and prosecution of allegations described by
Subsection (b);
(2) if requested by the agency, assist a state or local
law enforcement agency with the investigation of such allegations
against law enforcement officers in the agency;
(3) assist the United States Department of Justice or
any other appropriate federal department or agency in the
investigation and prosecution of allegations described by
Subsection (b);
(4) if requested by the agency, assist a federal law
enforcement agency with the investigation of such allegations
against law enforcement officers in the agency;
(5) serve as a clearinghouse for information relating
to the investigation and prosecution of allegations described by
Subsection (b); and
(6) report to the highest-ranking officer of the Texas
Rangers division of the department.
(d) On written approval of the director or of the chair of
the commission, the highest-ranking officer of the Texas Rangers
division of the department may initiate an investigation of an
allegation of participation in organized criminal activity by a law
enforcement officer described by Subsection (b)(1). Written
approval under this subsection must be based on cause.
(e) To the extent allowed by law, a state 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
described by this subsection is excepted from required disclosure
under Chapter 552 in the manner provided by Section 552.108.
SECTION 2. Not later than December 1, 2010, the Department
of Public Safety of the State of Texas 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.
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