| 1 | 1 | | By: Williams S.B. No. 1702 |
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| 2 | 2 | | (Gallego) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of a task force to enhance the |
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| 8 | 8 | | prosecution and tracking of money laundering in this state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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| 11 | 11 | | amended by adding Section 402.038 to read as follows: |
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| 12 | 12 | | Sec. 402.038. MONEY LAUNDERING TASK FORCE. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Money laundering" includes conduct prohibited |
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| 15 | 15 | | under Section 34.02, Penal Code. |
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| 16 | 16 | | (2) "Task force" means the money laundering task |
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| 17 | 17 | | force. |
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| 18 | 18 | | (b) The office of the attorney general shall establish the |
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| 19 | 19 | | task force to form a strategic partnership between state, federal, |
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| 20 | 20 | | and local law enforcement agencies to better enable law enforcement |
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| 21 | 21 | | and state agencies to take a proactive stance towards tracking and |
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| 22 | 22 | | prosecuting money laundering and the perpetrators of money |
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| 23 | 23 | | laundering statewide. |
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| 24 | 24 | | (c) The task force consists of the following persons or |
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| 25 | 25 | | their appointees: |
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| 26 | 26 | | (1) the attorney general; |
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| 27 | 27 | | (2) the public safety director of the Department of |
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| 28 | 28 | | Public Safety; |
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| 29 | 29 | | (3) the banking commissioner; |
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| 30 | 30 | | (4) the credit union commissioner; |
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| 31 | 31 | | (5) the securities commissioner; |
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| 32 | 32 | | (6) the savings and mortgage lending commissioner; and |
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| 33 | 33 | | (7) the comptroller. |
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| 34 | 34 | | (d) The task force may request assistance from the Federal |
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| 35 | 35 | | Bureau of Investigation, United States Secret Service, United |
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| 36 | 36 | | States Department of Justice, United States Department of Homeland |
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| 37 | 37 | | Security, Internal Revenue Service, United States Department of the |
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| 38 | 38 | | Treasury, United States Postal Service, and any other federal |
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| 39 | 39 | | agency the task force determines to be appropriate. |
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| 40 | 40 | | (e) The task force shall focus its efforts in: |
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| 41 | 41 | | (1) sharing information and resources; and |
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| 42 | 42 | | (2) successfully enforcing administrative and |
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| 43 | 43 | | criminal actions against perpetrators of money laundering. |
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| 44 | 44 | | (f) The agencies of the persons listed in Subsection (c) may |
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| 45 | 45 | | share confidential information or information to which access is |
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| 46 | 46 | | otherwise restricted by law with one or more of the other agencies |
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| 47 | 47 | | of the persons listed in Subsection (c) for investigative purposes |
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| 48 | 48 | | described by Subsection (b). Except as provided by this |
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| 49 | 49 | | subsection, confidential information that is shared under this |
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| 50 | 50 | | subsection remains confidential and legal restrictions on access to |
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| 51 | 51 | | the information apply. |
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| 52 | 52 | | (g) The task force shall submit to the governor, lieutenant |
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| 53 | 53 | | governor, and speaker of the house of representatives an annual |
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| 54 | 54 | | report that: |
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| 55 | 55 | | (1) describes the progress of each agency of the |
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| 56 | 56 | | persons listed in Subsection (c) in accomplishing the purposes |
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| 57 | 57 | | described by Subsection (b); and |
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| 58 | 58 | | (2) includes recommendations for strengthening state |
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| 59 | 59 | | and local efforts to prevent money laundering. |
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| 60 | 60 | | (h) The office of the attorney general shall oversee the |
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| 61 | 61 | | administration of the task force. The office of the attorney |
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| 62 | 62 | | general shall provide the necessary facilities to assist the task |
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| 63 | 63 | | force in performing its duties. Each agency of the persons listed |
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| 64 | 64 | | in Subsection (c) shall provide the necessary staff to assist the |
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| 65 | 65 | | task force in performing its duties. |
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| 66 | 66 | | (i) The agencies of the persons listed in Subsection (c) may |
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| 67 | 67 | | solicit and accept gifts, grants, and donations of money, services, |
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| 68 | 68 | | or property on behalf of the state for disbursement to any state |
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| 69 | 69 | | agency or local law enforcement agency to aid the task force in the |
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| 70 | 70 | | investigation and prosecution of money laundering in this state. |
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| 71 | 71 | | SECTION 2. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2011. |
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