Texas 2015 - 84th Regular

Texas House Bill HB2222 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10393 ATP-D
2	2	By: Murr H.B. No. 2222
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a public integrity unit to prosecute
8	8	offenses against public administration, including ethics offenses,
9	9	offenses involving insurance fraud, and offenses involving motor
10	10	fuels tax.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 41, Government Code, is amended by
13	13	adding Subchapter F to read as follows:
14	14	SUBCHAPTER F. TEXAS PUBLIC INTEGRITY UNIT
15	15	Sec. 41.351. DEFINITIONS. In this subchapter:
16	16	(1) "Committee" means the public integrity unit
17	17	committee.
18	18	(2) "Offense" means a prohibited act for which state
19	19	law imposes a criminal or civil penalty.
20	20	(3) "Prosecute" means represent the state to impose a
21	21	criminal or civil penalty.
22	22	(4) "Prosecuting attorney" means a district attorney,
23	23	criminal district attorney, or county attorney.
24	24	(5) "Unit" means the Texas Public Integrity Unit.
25	25	Sec. 41.352. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
26	26	purposes of this subchapter, the following are offenses against
27	27	public administration:
28	28	(1) an offense under Title 8, Penal Code, committed by
29	29	a state officer or a state employee in connection with the powers
30	30	and duties of the state office or state employment;
31	31	(2) an offense under Chapter 301, 302, 305, 571, 572,
32	32	or 2004;
33	33	(3) an offense under Chapter 573 committed by a state
34	34	officer in connection with the powers and duties of the state
35	35	office; and
36	36	(4) an offense under Title 15, Election Code,
37	37	committed in connection with:
38	38	(A) a campaign for or the holding of state
39	39	office; or
40	40	(B) an election on a proposed constitutional
41	41	amendment.
42	42	Sec. 41.353. OFFENSES INVOLVING INSURANCE FRAUD. For
43	43	purposes of this subchapter, the following are offenses involving
44	44	insurance fraud:
45	45	(1) an offense under Chapter 35, Penal Code, including
46	46	an offense under that chapter that involves workers' compensation
47	47	insurance under Title 5, Labor Code; or
48	48	(2) a fraudulent insurance act as defined by Section
49	49	701.001, Insurance Code, including an act that involves workers'
50	50	compensation insurance under Title 5, Labor Code.
51	51	Sec. 41.354. OFFENSES INVOLVING MOTOR FUELS TAX. For
52	52	purposes of this subchapter, an offense involving motor fuels tax
53	53	means a felony offense under Section 162.403, Tax Code.
54	54	Sec. 41.355. AUTHORITY OF TEXAS PUBLIC INTEGRITY UNIT. (a)
55	55	The unit may prosecute a person in any district or county court of
56	56	appropriate jurisdiction for an offense against public
57	57	administration, an offense involving insurance fraud, or an offense
58	58	involving motor fuels tax.
59	59	(b) The unit must assert the right to prosecute under this
60	60	section to the prosecuting attorney serving the county in which the
61	61	offense could be prosecuted. If the unit asserts the right under
62	62	this section:
63	63	(1) the unit has all the powers associated with the
64	64	prosecution of the offense, including the power to represent the
65	65	state before a grand jury; and
66	66	(2) the prosecuting attorney serving a county in which
67	67	the offense could be prosecuted may not prosecute the same person
68	68	for the same act, but on request of the unit shall assist in the
69	69	prosecution.
70	70	(c) The unit may represent the state in the appeal of a
71	71	decision of the Texas Ethics Commission under Section 571.133.
72	72	Sec. 41.356. PUBLIC INTEGRITY UNIT COMMITTEE. (a) The unit
73	73	is under the supervision of the public integrity unit committee.
74	74	(b) The committee consists of the presiding judges of each
75	75	administrative judicial region, who shall have the authority to
76	76	organize, elect officers, and make such rules as may be necessary
77	77	for the proper administration of the unit.
78	78	(c) The committee shall hold regular quarterly meetings on
79	79	dates set by the committee and special meetings at the call of the
80	80	presiding officer of the committee.
81	81	Sec. 41.357. UNIT DIRECTOR; FISCAL OFFICER. (a) After
82	82	complying with the requirements of Subsection (e), the committee
83	83	shall appoint a unit director who must meet, at a minimum, the
84	84	eligibility requirements for prosecutors established under Section
85	85	41.358.
86	86	(b) The unit director shall perform or delegate the
87	87	responsibility for performing the following duties:
88	88	(1) preparing annually or biennially a budget for the
89	89	unit;
90	90	(2) negotiating and entering into contracts on behalf
91	91	of the unit;
92	92	(3) establishing policies and procedures for all
93	93	functions of the unit;
94	94	(4) developing personnel policies and procedures,
95	95	including disciplinary proceedings; and
96	96	(5) establishing procedures and practices through
97	97	which the unit will address an employment-related grievance.
98	98	(c) The unit director shall employ a sufficient number of
99	99	prosecutors and other employees to conduct investigations and
100	100	prosecutions. A person employed under this subsection is an
101	101	employee of the unit and not of the committee, the judges on the
102	102	committee, or any judicial district.
103	103	(d) The director of the unit, on the approval of the
104	104	committee, may appoint for the unit a fiscal officer. The fiscal
105	105	officer is responsible for:
106	106	(1) managing and protecting funds, fees, state aid,
107	107	and receipts to the same extent that a county auditor manages county
108	108	funds and funds of other local entities;
109	109	(2) ensuring that financial transactions of the unit
110	110	are lawful and allowable; and
111	111	(3) prescribing accounting procedures for the unit.
112	112	(e) When there is a vacancy in the position of unit
113	113	director, the committee shall:
114	114	(1) publicly advertise the position;
115	115	(2) post a job description, the qualifications for the
116	116	position, and the application requirements;
117	117	(3) conduct a competitive hiring process and adhere to
118	118	state and federal equal employment opportunity laws; and
119	119	(4) review applicants who meet the posted
120	120	qualifications and comply with the application requirements.
121	121	Sec. 41.358. STANDARDS FOR PROSECUTORS. (a) A prosecutor
122	122	appointed by the unit director must comply with a code of ethics
123	123	developed by the committee.
124	124	(b) To be eligible for appointment as a prosecutor, a person
125	125	must be a resident of this state and be licensed to practice law in
126	126	this state.
127	127	(c) A prosecutor employed by the unit may not engage in the
128	128	private practice of law.
129	129	Sec. 41.359. AUTHORIZATION TO CARRY WEAPON. A prosecutor
130	130	employed by the unit director is authorized to carry a weapon while
131	131	engaged in the actual discharge of the prosecutor's duties only if:
132	132	(1) the prosecutor possesses a license to carry a
133	133	concealed handgun issued under Subchapter H, Chapter 411; and
134	134	(2) the unit director agrees to the authorization.
135	135	Sec. 41.360. IMMUNITY FROM LIABILITY. (a) A member of the
136	136	committee, the unit director, or a prosecutor employed by the
137	137	director is not liable for damages arising from an act or omission
138	138	committed while performing the person's duties.
139	139	(b) This section does not apply if the act or omission is:
140	140	(1) reckless or intentional;
141	141	(2) done wilfully, wantonly, or with gross negligence;
142	142	or
143	143	(3) done with conscious indifference or reckless
144	144	disregard for the safety of others.
145	145	Sec. 41.361. COOPERATION OF STATE AGENCIES AND LOCAL LAW
146	146	ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
147	147	agency or local law enforcement agency shall cooperate with the
148	148	unit by providing information requested by the unit as necessary to
149	149	carry out the purposes of this subchapter.
150	150	(b) Information disclosed under this section is
151	151	confidential and not subject to disclosure under Chapter 552.
152	152	Sec. 41.362. VENUE. Notwithstanding other law, venue for
153	153	prosecution of an offense involving insurance fraud or an offense
154	154	involving motor fuels tax is in the county in which the offense is
155	155	committed.
156	156	SECTION 2. Sections 301.027(b) and (c), Government Code,
157	157	are amended to read as follows:
158	158	(b) If the president of the senate or speaker receives a
159	159	report or statement of facts as provided by Subsection (a), the
160	160	president of the senate or speaker shall certify the statement of
161	161	facts to the Texas Public Integrity Unit established under
162	162	Subchapter F, Chapter 41, [Travis County district attorney] under
163	163	the seal of the senate or house of representatives, as appropriate.
164	164	(c) The Texas Public Integrity Unit [Travis County district
165	165	attorney] shall bring the matter before the grand jury for action.
166	166	If the grand jury returns an indictment, the public integrity unit
167	167	[district attorney] shall prosecute the indictment.
168	168	SECTION 3. Section 571.133(a), Government Code, is amended
169	169	to read as follows:
170	170	(a) To appeal a final decision of the commission, the
171	171	respondent or the respondent's agent may file a petition in a
172	172	district court in [Travis County or in] the county in which the
173	173	respondent resides.
174	174	SECTION 4. Article 20.03, Code of Criminal Procedure, is
175	175	amended to read as follows:
176	176	Art. 20.03. ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR.
177	177	"The attorney representing the State" means the Attorney General,
178	178	district attorney, criminal district attorney, [or] county
179	179	attorney, or prosecutor employed by the director of the Texas
180	180	Public Integrity Unit established under Subchapter F, Chapter 41,
181	181	Government Code. The attorney representing the State, is entitled
182	182	to go before the grand jury and inform them of offenses liable to
183	183	indictment at any time except when they are discussing the
184	184	propriety of finding an indictment or voting upon the same.
185	185	SECTION 5. (a) Not later than March 1, 2016, the public
186	186	integrity unit committee shall appoint the director of the Texas
187	187	Public Integrity Unit under Subchapter F, Chapter 41, Government
188	188	Code, as added by this Act.
189	189	(b) Subchapter F, Chapter 41, Government Code, as added by
190	190	this Act, applies only to the prosecution of an offense against
191	191	public administration committed on or after April 1, 2016. For
192	192	purposes of this section, an offense is committed before April 1,
193	193	2016, if any element of the offense occurs before that date.
194	194	(c) The prosecution of an offense committed before April 1,
195	195	2016, is covered by the law in effect when the offense was
196	196	committed, and the former law is continued in effect for that
197	197	purpose, except that a county attorney, district attorney, or
198	198	criminal district attorney may, on the request of the Texas Public
199	199	Integrity Unit established under Subchapter F, Chapter 41,
200	200	Government Code, as added by this Act, permit the Texas Public
201	201	Integrity Unit to assume the prosecution of such an offense.
202	202	SECTION 6. This Act takes effect January 1, 2016.