Texas 2009 - 81st Regular

Texas Senate Bill SB388 Compare Versions

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1	1	By: Carona S.B. No. 388
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of a public corruption unit in the
7	7	Department of Public Safety of the State of Texas.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 411, Government Code, is
10	10	amended by adding Section 411.0207 to read as follows:
11	11	Sec. 411.0207. PUBLIC CORRUPTION UNIT. (a) In this
12	12	section, "organized criminal activity" means conduct that
13	13	constitutes an offense under Section 71.02, Penal Code.
14	14	(b) A public corruption unit is created within the
15	15	department to investigate and assist in the management of
16	16	allegations of participation in organized criminal activity by:
17	17	(1) an individual elected, appointed, or employed to
18	18	serve as a peace officer for a governmental entity of this state
19	19	under Article 2.12, Code of Criminal Procedure; or
20	20	(2) a federal law enforcement officer while performing
21	21	duties in this state.
22	22	(c) The unit shall:
23	23	(1) assist district attorneys and county attorneys in
24	24	the investigation and prosecution of allegations described by
25	25	Subsection (b);
26	26	(2) if requested by the agency, assist a state or local
27	27	law enforcement agency with the investigation of such allegations
28	28	against law enforcement officers in the agency;
29	29	(3) assist the United States Department of Justice or
30	30	any other appropriate federal department or agency in the
31	31	investigation and prosecution of allegations described by
32	32	Subsection (b);
33	33	(4) if requested by the agency, assist a federal law
34	34	enforcement agency with the investigation of such allegations
35	35	against law enforcement officers in the agency;
36	36	(5) serve as a clearinghouse for information relating
37	37	to the investigation and prosecution of allegations described by
38	38	Subsection (b); and
39	39	(6) report to the highest-ranking officer of the Texas
40	40	Rangers division of the department.
41	41	(d) On written approval of the director or of the chair of
42	42	the commission, the highest-ranking officer of the Texas Rangers
43	43	division of the department may initiate an investigation of an
44	44	allegation of participation in organized criminal activity by a law
45	45	enforcement officer described by Subsection (b)(1). Written
46	46	approval under this subsection must be based on cause.
47	47	(e) To the extent allowed by law, a state or local law
48	48	enforcement agency shall cooperate with the public corruption unit
49	49	by providing information requested by the unit as necessary to
50	50	carry out the purposes of this section. Information described by
51	51	this subsection is excepted from required disclosure under Chapter
52	52	552 in the manner provided by Section 552.108.
53	53	SECTION 2. Not later than December 1, 2010, the Department
54	54	of Public Safety of the State of Texas shall establish the public
55	55	corruption unit under Section 411.0207, Government Code, as added
56	56	by this Act.
57	57	SECTION 3. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2009.