84R18318 MK-D
By: King of Parker, Bonnen of Brazoria, H.B. No. 1690
Davis of Harris, Sheets, Smithee, et al.
Substitute the following for H.B. No. 1690:
By: Davis of Harris C.S.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.
(3) "Public integrity prosecution" means the
prosecution of an offense against public administration under
Section 41.352.
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. INVESTIGATION OF PUBLIC INTEGRITY OFFENSES.
(a) The investigation of a formal or informal complaint alleging an
offense against public administration under this subchapter shall
be conducted by an officer of the Texas Rangers.
(b) If an investigation conducted by the Texas Rangers of a
complaint alleging an offense against public administration
demonstrates a reasonable suspicion that the offense alleged in the
complaint occurred, the officer of the Texas Rangers conducting the
investigation shall refer the complaint to the appropriate
prosecutor of the county in which venue is proper under Section
41.357.
Sec. 41.354. RECUSAL OF PROSECUTOR. (a) In this section,
"judges" means the presiding judges of the administrative judicial
regions.
(b) A prosecutor to whom a complaint has been referred under
Section 41.353(b) may request that the court with jurisdiction over
the complaint permit the prosecutor to be recused from the case for
good cause. If the court approves the request, the prosecutor shall
be considered disqualified.
(c) Following the recusal of a prosecutor under Subsection
(b), the judges shall select the prosecutor for prosecution of the
complaint by a majority vote. The prosecutor for an offense against
public administration must represent another county within the same
administrative judicial region as the county in which venue is
proper under Section 41.357.
(d) In selecting a prosecutor under this section, the judges
shall consider the proximity of the county or district represented
by the prosecutor to the county in which venue is proper under
Section 41.357.
(e) The prosecutor selected to prosecute the public
integrity offense under this section may pursue a waiver to extend
the statute of limitations for the offense only with the approval of
a majority of the judges.
Sec. 41.355. 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
prosecutor of a public integrity prosecution by providing
information requested by the 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. 41.356. CONFLICT OF INTEREST. (a) The Texas Rangers
may refer the investigation of a complaint alleging an offense
against public administration involving a person who is a member of
the executive branch to the local law enforcement agency that would
otherwise have authority to investigate the complaint, if a
conflict of interest arises from the conduct of an investigation by
the officers of the Texas Rangers.
(b) Local law enforcement must comply with all requirements
of this subchapter in conducting an investigation of a complaint
alleging an offense against public administration as provided by
this section.
Sec. 41.357. VENUE. (a) Notwithstanding Chapter 13, Code
of Criminal Procedure, or any other law, and except as provided by
Subsection (b), if the defendant is a natural person, venue for a
prosecution under this subchapter is the county in which the
defendant resides.
(b) If the defendant holds an office of the executive branch
subject to a residency requirement under Article IV, Texas
Constitution, venue for a prosecution under this subchapter is the
county in which the defendant resided at the time the defendant was
elected to that office or another office of the executive branch
subject to that requirement that the defendant held immediately
before being elected to the office being held by the defendant.
Sec. 41.358. PROSECUTION OF CERTAIN OFFENSES BY ATTORNEY
GENERAL. Nothing in this subchapter shall be construed as limiting
the authority of the attorney general to prosecute offenses under
Section 273.021, Election Code.
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 appropriate prosecuting [Travis County district]
attorney as provided under Section 41.353(b) 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 41.354(c), 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 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.