84R10393 ATP-D
By: Murr H.B. No. 2222
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a public integrity unit to prosecute
offenses against public administration, including ethics offenses,
offenses involving insurance fraud, and offenses involving motor
fuels tax.
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. TEXAS PUBLIC INTEGRITY UNIT
Sec. 41.351. DEFINITIONS. In this subchapter:
(1) "Committee" means the public integrity unit
committee.
(2) "Offense" means a prohibited act for which state
law imposes a criminal or civil penalty.
(3) "Prosecute" means represent the state to impose a
criminal or civil penalty.
(4) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney.
(5) "Unit" means the Texas Public Integrity Unit.
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. OFFENSES INVOLVING INSURANCE FRAUD. For
purposes of this subchapter, the following are offenses involving
insurance fraud:
(1) an offense under Chapter 35, Penal Code, including
an offense under that chapter that involves workers' compensation
insurance under Title 5, Labor Code; or
(2) a fraudulent insurance act as defined by Section
701.001, Insurance Code, including an act that involves workers'
compensation insurance under Title 5, Labor Code.
Sec. 41.354. OFFENSES INVOLVING MOTOR FUELS TAX. For
purposes of this subchapter, an offense involving motor fuels tax
means a felony offense under Section 162.403, Tax Code.
Sec. 41.355. AUTHORITY OF TEXAS PUBLIC INTEGRITY UNIT. (a)
The unit may prosecute a person in any district or county court of
appropriate jurisdiction for an offense against public
administration, an offense involving insurance fraud, or an offense
involving motor fuels tax.
(b) The unit must assert the right to prosecute under this
section to the prosecuting attorney serving the county in which the
offense could be prosecuted. If the unit asserts the right under
this section:
(1) the unit has all the powers associated with the
prosecution of the offense, including the power to represent the
state before a grand jury; and
(2) the prosecuting attorney serving a county in which
the offense could be prosecuted may not prosecute the same person
for the same act, but on request of the unit shall assist in the
prosecution.
(c) The unit may represent the state in the appeal of a
decision of the Texas Ethics Commission under Section 571.133.
Sec. 41.356. PUBLIC INTEGRITY UNIT COMMITTEE. (a) The unit
is under the supervision of the public integrity unit committee.
(b) The committee consists of the presiding judges of each
administrative judicial region, who shall have the authority to
organize, elect officers, and make such rules as may be necessary
for the proper administration of the unit.
(c) The committee shall hold regular quarterly meetings on
dates set by the committee and special meetings at the call of the
presiding officer of the committee.
Sec. 41.357. UNIT DIRECTOR; FISCAL OFFICER. (a) After
complying with the requirements of Subsection (e), the committee
shall appoint a unit director who must meet, at a minimum, the
eligibility requirements for prosecutors established under Section
41.358.
(b) The unit director shall perform or delegate the
responsibility for performing the following duties:
(1) preparing annually or biennially a budget for the
unit;
(2) negotiating and entering into contracts on behalf
of the unit;
(3) establishing policies and procedures for all
functions of the unit;
(4) developing personnel policies and procedures,
including disciplinary proceedings; and
(5) establishing procedures and practices through
which the unit will address an employment-related grievance.
(c) The unit director shall employ a sufficient number of
prosecutors and other employees to conduct investigations and
prosecutions. A person employed under this subsection is an
employee of the unit and not of the committee, the judges on the
committee, or any judicial district.
(d) The director of the unit, on the approval of the
committee, may appoint for the unit a fiscal officer. The fiscal
officer is responsible for:
(1) managing and protecting funds, fees, state aid,
and receipts to the same extent that a county auditor manages county
funds and funds of other local entities;
(2) ensuring that financial transactions of the unit
are lawful and allowable; and
(3) prescribing accounting procedures for the unit.
(e) When there is a vacancy in the position of unit
director, the committee shall:
(1) publicly advertise the position;
(2) post a job description, the qualifications for the
position, and the application requirements;
(3) conduct a competitive hiring process and adhere to
state and federal equal employment opportunity laws; and
(4) review applicants who meet the posted
qualifications and comply with the application requirements.
Sec. 41.358. STANDARDS FOR PROSECUTORS. (a) A prosecutor
appointed by the unit director must comply with a code of ethics
developed by the committee.
(b) To be eligible for appointment as a prosecutor, a person
must be a resident of this state and be licensed to practice law in
this state.
(c) A prosecutor employed by the unit may not engage in the
private practice of law.
Sec. 41.359. AUTHORIZATION TO CARRY WEAPON. A prosecutor
employed by the unit director is authorized to carry a weapon while
engaged in the actual discharge of the prosecutor's duties only if:
(1) the prosecutor possesses a license to carry a
concealed handgun issued under Subchapter H, Chapter 411; and
(2) the unit director agrees to the authorization.
Sec. 41.360. IMMUNITY FROM LIABILITY. (a) A member of the
committee, the unit director, or a prosecutor employed by the
director is not liable for damages arising from an act or omission
committed while performing the person's duties.
(b) This section does not apply if the act or omission is:
(1) reckless or intentional;
(2) done wilfully, wantonly, or with gross negligence;
or
(3) done with conscious indifference or reckless
disregard for the safety of others.
Sec. 41.361. 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
unit by providing 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. 41.362. VENUE. Notwithstanding other law, venue for
prosecution of an offense involving insurance fraud or an offense
involving motor fuels tax is in the county in which the offense is
committed.
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 Texas Public Integrity Unit established under
Subchapter F, Chapter 41, [Travis County district attorney] under
the seal of the senate or house of representatives, as appropriate.
(c) The Texas Public Integrity Unit [Travis County district
attorney] shall bring the matter before the grand jury for action.
If the grand jury returns an indictment, the public integrity unit
[district attorney] shall prosecute the indictment.
SECTION 3. Section 571.133(a), Government Code, is amended
to read as follows:
(a) To appeal a final decision of the commission, the
respondent or the respondent's agent may file a petition in a
district court in [Travis County or in] the county in which the
respondent resides.
SECTION 4. Article 20.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 20.03. ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR.
"The attorney representing the State" means the Attorney General,
district attorney, criminal district attorney, [or] county
attorney, or prosecutor employed by the director of the Texas
Public Integrity Unit established under Subchapter F, Chapter 41,
Government Code. The attorney representing the State, is entitled
to go before the grand jury and inform them of offenses liable to
indictment at any time except when they are discussing the
propriety of finding an indictment or voting upon the same.
SECTION 5. (a) Not later than March 1, 2016, the public
integrity unit committee shall appoint the director of the Texas
Public Integrity Unit under Subchapter F, Chapter 41, Government
Code, as added by this Act.
(b) 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 April 1, 2016. For
purposes of this section, an offense is committed before April 1,
2016, if any element of the offense occurs before that date.
(c) The prosecution of an offense committed before April 1,
2016, is covered by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose, except that a county attorney, district attorney, or
criminal district attorney may, on the request of the Texas Public
Integrity Unit established under Subchapter F, Chapter 41,
Government Code, as added by this Act, permit the Texas Public
Integrity Unit to assume the prosecution of such an offense.
SECTION 6. This Act takes effect January 1, 2016.