84R9092 MK-D
By: King of Parker H.B. No. 1690
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of offenses against public
administration, including ethics offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 41, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PUBLIC INTEGRITY PROSECUTIONS
Sec. 41.351. DEFINITIONS. In this subchapter:
(1) "Offense" means a prohibited act for which state
law imposes a criminal or civil penalty.
(2) "Prosecute" means represent the state to impose a
criminal or civil penalty.
Sec. 41.352. 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. 41.353. SPECIAL PROSECUTOR FOR PUBLIC INTEGRITY
OFFENSES. (a) The chief justice of the supreme court shall appoint
a special prosecutor for public integrity offenses.
(b) In any district or county court of appropriate
jurisdiction and venue, the special prosecutor for public integrity
offenses has the authority to prosecute a person for an offense
against public administration.
(c) The supreme court shall provide funds for use by the
special prosecutor for public integrity offenses to pay costs
incurred as a result of the prosecution of an offense under this
subchapter.
(d) The special prosecutor for public integrity offenses
serves for a two-year term.
(e) The supreme court may adopt rules governing the
operations of the special prosecutor for public integrity offenses.
Sec. 41.354. 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
special prosecutor for public integrity offenses prosecuting an
offense against public administration by providing information
requested by the special prosecutor 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. 41.355. CONFLICT OF INTEREST. In the event of an
investigation of an offense against public administration
involving a person who is a member of the executive branch, the
special prosecutor for public integrity offenses may use
investigators other than officers of the Texas Rangers if the
special prosecutor believes that an investigation conducted by the
officers of the Texas Rangers would be a conflict of interest.
SECTION 2. 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 special prosecutor for public integrity offenses under
Subchapter F, Chapter 41, [Travis County district attorney] under
the seal of the senate or house of representatives, as appropriate.
(c) The special prosecutor for public integrity offenses
[Travis County district attorney] shall bring the matter before the
grand jury for action. If the grand jury returns an indictment, the
special prosecutor [district attorney] shall prosecute the
indictment.
SECTION 3. 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 F, Chapter 41.
SECTION 4. Subchapter F, Chapter 41, Government Code, as
added by this Act, applies only to the prosecution of an offense
against public administration committed on or after September 1,
2015. For purposes of this section, an offense is committed before
September 1, 2015, if any element of the offense occurs before that
date.
SECTION 5. This Act takes effect September 1, 2015.