By: King of Parker, et al. H.B. No. 1690
(Senate Sponsor - Huffman)
(In the Senate - Received from the House April 22, 2015;
May 6, 2015, read first time and referred to Committee on State
Affairs; May 24, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 2;
May 24, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1690 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and prosecution of offenses against
public administration, including ethics offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. PUBLIC INTEGRITY UNIT
Sec. 411.0251. DEFINITIONS. In this subchapter:
(1) "Offense" means a prohibited act for which state
law imposes a criminal or civil penalty.
(2) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney.
Sec. 411.0252. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
purposes of this subchapter, the following are offenses against
public administration:
(1) an offense under Title 8, Penal Code, committed by
a state officer or a state employee in connection with the powers
and duties of the state office or state employment;
(2) an offense under Chapter 301, 302, 305, 571, 572,
or 2004;
(3) an offense under Chapter 573 committed by a state
officer in connection with the powers and duties of the state
office; and
(4) an offense under Title 15, Election Code,
committed in connection with:
(A) a campaign for or the holding of state
office; or
(B) an election on a proposed constitutional
amendment.
Sec. 411.0253. PUBLIC INTEGRITY UNIT. (a) The Texas
Rangers division of the department shall establish and support a
public integrity unit.
(b) On receiving a formal or informal complaint regarding an
offense against public administration or on request of a
prosecuting attorney or law enforcement agency, the public
integrity unit may perform an initial investigation into whether a
person has committed an offense against public administration.
(c) The Texas Rangers have authority to investigate an
offense against public administration, any lesser included
offense, and any other offense arising from conduct that
constitutes an offense against public administration.
(d) If an initial investigation by the public integrity unit
demonstrates a reasonable suspicion that an offense against public
administration occurred, the matter shall be referred to the
prosecuting attorney of the county in which venue is proper under
Section 411.0256 or Chapter 13, Code of Criminal Procedure, as
applicable.
(e) The public integrity unit shall, on request of the
prosecuting attorney described by Subsection (d), assist the
attorney in the investigation of an offense against public
administration.
Sec. 411.0254. NOTIFICATION REGARDING DISPOSITION OF CASE.
The prosecuting attorney shall notify the public integrity unit of:
(1) the termination of a case investigated by the
public integrity unit; or
(2) the results of the final disposition of a case
investigated by the public integrity unit, including the final
adjudication or entry of a plea.
Sec. 411.0255. RECUSAL OF PROSECUTING ATTORNEY; SELECTION
OF PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE
JUDICIAL REGION. (a) A prosecuting attorney may request that the
presiding judge of the administrative judicial region containing
the county served by that attorney permit the attorney to recuse
himself or herself for good cause in a case investigated under this
subchapter, and on submitting the notice of recusal, the attorney
is disqualified.
(b) On recusal of a prosecuting attorney under Subsection
(a), the presiding judge of the administrative judicial region
containing the county served by that attorney shall appoint a
prosecuting attorney from another county in that administrative
judicial region. A prosecuting attorney appointed under this
subsection has the authority to represent the state in the
prosecution of the offense.
Sec. 411.0256. VENUE. Notwithstanding Chapter 13, Code of
Criminal Procedure, or other law, if the defendant is a natural
person, venue for prosecution of an offense against public
administration and lesser included offenses arising from the same
transaction is the county in which the defendant resides.
Sec. 411.0257. RESIDENCE. For the purposes of this
subchapter, a person resides in the county where that person:
(1) claims a residence homestead under Chapter 41,
Property Code, if that person is a member of the legislature;
(2) claimed to be a resident before being subject to
residency requirements under Article IV, Texas Constitution, if
that person is a member of the executive branch of this state;
(3) claims a residence homestead under Chapter 41,
Property Code, if that person is a justice on the supreme court or
judge on the court of criminal appeals; or
(4) otherwise claims residence if no other provision
of this section applies.
Sec. 411.0258. COOPERATION OF STATE AGENCIES AND LOCAL LAW
ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
agency or local law enforcement agency shall cooperate with the
public integrity unit by providing resources and information
requested by the unit as necessary to carry out the purposes of this
subchapter.
(b) Information disclosed under this section is
confidential and not subject to disclosure under Chapter 552.
Sec. 411.0259. SUBPOENAS. (a) In connection with an
investigation of an alleged offense against public administration,
the public integrity unit may issue a subpoena to compel the
attendance of a relevant witness or the production, for inspection
or copying, of relevant evidence that is in this state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the public
integrity unit, acting through the general counsel of the
department, may file suit to enforce the subpoena in a district
court in this state. On finding that good cause exists for issuing
the subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
SECTION 2. Chapter 41, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PAYMENTS FOR PUBLIC INTEGRITY PROSECUTIONS
Sec. 41.351. DEFINITIONS. In this subchapter:
(1) "Offense against public administration" means an
offense described by Section 411.0252.
(2) "Prosecuting attorney" means a county attorney,
district attorney, or criminal district attorney.
Sec. 41.352. PAYMENT FOR EXTRAORDINARY COSTS OF
PROSECUTION. The comptroller shall pay from funds appropriated to
the comptroller's judiciary section, from appropriations made
specifically for enforcement of this section, reasonable amounts
incurred by a prosecuting attorney for extraordinary costs of
prosecution of an offense against public administration.
SECTION 3. Sections 301.027(b) and (c), Government Code,
are amended to read as follows:
(b) If the president of the senate or speaker receives a
report or statement of facts as provided by Subsection (a), the
president of the senate or speaker shall certify the statement of
facts to the appropriate prosecuting [Travis County district]
attorney as provided under Section 411.0253(d) under the seal of
the senate or house of representatives, as appropriate.
(c) The prosecuting [Travis County district] attorney to
whom a statement of facts is certified under Subsection (a) or the
prosecutor selected under Section 411.0255, if applicable, shall
bring the matter before the grand jury for action. If the grand
jury returns an indictment, the prosecuting [district] attorney
shall prosecute the indictment.
SECTION 4. Section 411.022, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) An officer of the Texas Rangers has the authority to
investigate offenses against public administration prosecuted
under Subchapter B-1.
SECTION 5. (a) Not later than three months after the
effective date of this Act, the Department of Public Safety shall
establish the public integrity unit under Subchapter B-1, Chapter
411, Government Code, as added by this Act.
(b) Subchapter B-1, Chapter 411, Government Code, as added
by this Act, applies only to the investigation and prosecution of an
offense under Subchapter B-1, Chapter 411, Government Code,
committed on or after the date that the Department of Public Safety
establishes the public integrity unit. For purposes of this
subsection, an offense is committed if any element of the offense
occurs before the date described by this subsection.
(c) The prosecution of an offense committed before the date
described in Subsection (b) of this section is covered by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 6. 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, 2015.
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