By: Kolkhorst (Senate Sponsor - Hegar) H.B. No. 3099
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on State
Affairs; May 20, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3099 By: Shapiro
A BILL TO BE ENTITLED
AN ACT
relating to the office of inspector general of the Department of
Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter I-1, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER I-1. OFFICE OF INSPECTOR GENERAL
SECTION 2. Section 411.244, Government Code, is transferred
to Subchapter I-1, Chapter 411, Government Code, as added by this
Act, redesignated as Section 411.251, Government Code, and amended,
and Subchapter I-1, Chapter 411, Government Code, is amended by
adding Sections 411.252, 411.253, 411.254, 411.255, and 411.256 to
read as follows:
Sec. 411.251 [411.244]. ESTABLISHMENT AND PURPOSE [OFFICE
OF INSPECTOR GENERAL]. (a) The commission shall establish the
office of inspector general.
(b) The office of inspector general[, which] is responsible
for:
(1) acting to prevent and detect serious breaches of
departmental policy, fraud, and abuse of office, including any acts
of criminal conduct within the department; and
(2) independently and objectively reviewing,
investigating, delegating [an investigation], and overseeing the
investigation [of administrative and all other allegations] of:
(A) conduct described [referred to] in
Subdivision (1);
(B) [(a)(1) above and the following:
[(A)] criminal activity occurring in all
divisions of the department;
(C) [(B)] allegations of wrongdoing by
department employees;
(D) [(C)] crimes committed on department
property; and
(E) [(D)] serious breaches of department policy.
Sec. 411.252. OVERSIGHT OF INVESTIGATIONS. (a) [(b)] The
office of inspector general has departmental jurisdiction for
oversight and coordination over all investigations occurring on
department property or involving department employees.
(b) The office shall coordinate and provide oversight, but
is [need] not required to conduct[,] all investigations under this
subchapter [section].
(c) The inspector general shall delegate any investigation
considered potentially appropriate for criminal prosecution
[allegations arising under this section] to the Texas Ranger
division or the criminal investigations [Criminal Law Enforcement]
division of the department for investigation or referral back to
the inspector general for further action.
(d) The [However the] inspector general shall continually
monitor an investigation referred to another division of the
department under Subsection (c), [referred matters] and the
inspector general and the division shall report to the commission
[along with any other division investigating a matter] on the [its]
status of the investigation while pending.
Sec. 411.253. INITIATION OF INVESTIGATIONS. The office of
inspector general may only initiate an investigation based on:
(1) authorization from the commission;
(2) approval of the inspector general or deputy
inspector general;
(3) approval of the director, a deputy director, an
assistant director of the Texas Rangers, or an assistant director
of the criminal investigations division for criminal
investigations; or
(4) commission rules or approved commission policies
[(c) An investigation under this section may be initiated only by
the director or the commission].
Sec. 411.254. COMMISSION APPOINTMENT AND OVERSIGHT. (a)
The commission shall appoint the inspector general and may appoint
a deputy inspector general. The inspector general serves until
removed by the commission.
(b) The inspector general is not required to be a peace
officer as that term is defined by Article 2.12, Code of Criminal
Procedure. The commission or director may commission the inspector
general as a commissioned peace officer of the department if the
inspector general holds a permanent peace officer license issued
under Chapter 1701, Occupations Code.
(c) [(d)] The commission has direct oversight over the
office of inspector general, including decisions regarding budget
and staffing. The [commission shall appoint the] inspector general
shall coordinate with the director for administrative support as
provided by the commission.
(d) [The inspector general serves until removed by the
commission.] The commission shall establish policies to ensure
that the commission continues to oversee the office of inspector
general as required by this section [subsection] and to ensure that
the office of inspector general retains and exercises its original
jurisdiction under Section 411.252 [Subsection (b)].
Sec. 411.255. REPORTS. (a) [(e)] The inspector general
shall report directly to the commission regarding performance of
and activities related to investigations[, report to the director
for administrative purposes,] and provide the director with
information regarding investigations as appropriate.
(b) [(f)] The inspector general shall present at each
regularly scheduled commission meeting and at other appropriate
times:
(1) reports of investigations; and
(2) a summary of information relating to
investigations conducted under this subchapter [section] that
includes analysis of the number, type, and outcome of
investigations, trends in the investigations, and recommendations
to avoid future complaints.
Sec. 411.256. AUTHORITY OF STATE AUDITOR. [(g)] This
chapter or other law related to the operation of the department's
office of inspector general does not preempt the authority of the
state auditor to conduct an audit or investigation under Chapter
321 or other law.
SECTION 3. This Act takes effect September 1, 2011.
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