Texas 2015 - 84th Regular

Texas House Bill HB3543 Compare Versions

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1	1	By: Schofield H.B. No. 3543
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of the Public Integrity
7	7	Prosecutions Committee and the Office of Public Integrity
8	8	Prosecutions for the prosecution of offenses against public
9	9	administration, including ethics offenses, offenses involving
10	10	insurance fraud, and offenses involving motor fuels tax and to the
11	11	appointment of committee members and the appointment and
12	12	compensation of the prosecutor.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The Government Code is amended by adding Chapter
15	15	47, to read as follows:
16	16	CHAPTER 47. PUBLIC INTEGRITY PROSECUTIONS COMMITTEE AND OFFICE OF
17	17	PUBLIC INTEGRITY PROSECUTIONS
18	18	SUBCHAPTER A. PUBLIC INTEGRITY PROSECUTIONS COMMITTEE
19	19	Sec. 47.001 DEFINITIONS. In this subchapter,
20	20	(1) "Committee" means the Public Integrity
21	21	Prosecutions Committee established under this subchapter.
22	22	(2) "Office" means the Office of Public Integrity
23	23	Prosecutions established under Subchapter B.
24	24	(3) "Public Integrity Prosecutor" means the chief
25	25	prosecutor of the Office of Public Integrity Prosecutions.
26	26	Sec. 47.002 ESTABLISHMENT OF COMMITTEE; DUTIES. (a) The
27	27	Public Integrity Prosecutions Committee is established.
28	28	(b) The chief justice of the supreme court shall appoint the
29	29	committee, to consist of not fewer than 30 members, from a list of
30	30	at least 60 attorneys with prosecution experience in the state
31	31	submitted by the Texas District and County Attorneys Association or
32	32	its successor. The chief justice shall appoint the committee in a
33	33	manner that ensures that each administrative judicial region is
34	34	represented.
35	35	(c) The members of the committee serve at the pleasure of
36	36	the chief justice.
37	37	(d) The committee shall select a presiding officer from
38	38	among its members and the committee meets at the call of the
39	39	presiding officer.
40	40	(e) The chief justice shall ensure that there are at least
41	41	30 active members of the committee at any time when the term of the
42	42	public integrity prosecutor is about to expire, a vacancy has
43	43	occurred or is about to occur, or the committee is considering or
44	44	may consider removing the public integrity prosecutor under Sec.
45	45	47.004.
46	46	Sec. 47.003. RECOMMENDATION AND APPOINTMENT OF PUBLIC
47	47	INTEGRITY PROSECUTOR. (a) The committee shall establish a
48	48	subcommittee from among its members to recommend candidates for the
49	49	position of public integrity prosecutor. Persons recommended under
50	50	this section must be licensed to practice law in this state.
51	51	(b) The committee shall appoint a person recommended under
52	52	Subsection (a) as the public integrity prosecutor.
53	53	(c) The public integrity prosecutor serves in the position
54	54	for a six-year term. At the end of said term, the committee shall
55	55	appoint a person for the next six-year term, following the
56	56	procedure in Sec 47.002 and this section. No person shall be
57	57	eligible to reappointed more than once or to serve more than twelve
58	58	years as public integrity prosecutor. Upon the end of a term, if the
59	59	public integrity prosecutor has not been reappointed, he ceases to
60	60	be public integrity prosecutor and does not hold over in office
61	61	until a successor is qualified. The position will be considered
62	62	vacant until a successor is qualified in the manner set out in
63	63	Section 47.002 and this section.
64	64	(d) When a vacancy for the position exists, the committee
65	65	shall appoint a public integrity prosecutor in the manner set out in
66	66	Section 47.002 and this section.
67	67	Sec. 47.004 REMOVAL. The committee may remove the public
68	68	integrity prosecutor for good cause shown, by a vote of sixty
69	69	percent of the members of the committee who are then still serving
70	70	on the committee. Upon removal, the committee shall appoint a new
71	71	public integrity prosecutor in the manner set out in this section.
72	72	SUBCHAPTER B. OFFICE OF PUBLIC INTEGRITY PROSECUTIONS
73	73	Sec. 47.051 DEFINITIONS. In this subchapter,
74	74	(1) "Offense" means a prohibited act for which state
75	75	law imposes a criminal or civil penalty.
76	76	(2) "Office" means the Office of Public Integrity
77	77	Prosecutions established under this subchapter.
78	78	(3) "Public Integrity Prosecutor" means the chief
79	79	prosecutor of the Office of Public Integrity Prosecutions.
80	80	(4) "Prosecute" means represent the state to impose a
81	81	criminal or civil penalty.
82	82	Sec. 47.052. ESTABLISHMENT OF THE OFFICE OF PUBLIC
83	83	INTEGRITY PROSECUTIONS; FUNDING. (a) The Office of Public
84	84	Integrity Prosecutions is established, and operates under the
85	85	direction and supervision of the public integrity prosecutor.
86	86	(b) The office shall have such duties as are set out in this
87	87	subchapter and elsewhere in law.
88	88	(c) The office shall receive funds for personnel costs and
89	89	expenses:
90	90	(1) as specified in the General Appropriations Act;
91	91	and
92	92	(2) from any and all funds appropriated to the
93	93	Judiciary Section, Comptroller's Department, for purposes of the
94	94	Public Integrity Unit, Travis County.
95	95	Sec. 47.053 STAFF. (a) The public integrity prosecutor
96	96	shall employ attorneys and employ or retain licensed investigators
97	97	and other personnel necessary to perform the duties of the office.
98	98	(b) The public integrity prosecutor and any attorney
99	99	employed by the office may not:
100	100	(1) engage in the private practice of criminal law; or
101	101	(2) accept anything of value not authorized by law for
102	102	services rendered under this subchapter.
103	103	Sec. 47.054 COMPENSATION. The public integrity prosecutor
104	104	shall be compensated by the Judiciary Section, Comptroller's
105	105	Department, at the rate and on the payment schedule of the Travis
106	106	County district attorney.
107	107	Sec. 47.055 OFFENSES AGAINST PUBLIC ADMINISTRATION. For
108	108	the purposes of this subchapter, the following are offenses against
109	109	public administration:
110	110	(1) an offense under Title 8, Penal Code, committed by
111	111	a state officer or a state employee in connection with the powers
112	112	and duties of the state office or state employment;
113	113	(2) an offense under Chapter 301, 302, 305, 571, 572,
114	114	or 2004;
115	115	(3) an offense under Chapter 573 committed by a state
116	116	officer in connection with the powers and duties of the state
117	117	office; and
118	118	(4) an offense under Title 15, Election Code,
119	119	committed in connection with:
120	120	(A) a campaign for or the holding of state
121	121	office; or
122	122	(B) an election on a proposed constitutional
123	123	amendment.
124	124	Sec. 47.056. OFFENSES INVOLVING INSURANCE FRAUD. For the
125	125	purposes of this subchapter, the following are offenses involving
126	126	insurance fraud:
127	127	(1) an offense under Chapter 35, Penal Code, including
128	128	an offense under that chapter that involves workers' compensation
129	129	insurance under Title 5, Labor Code; or
130	130	(2) a fraudulent insurance act as defined by Section
131	131	701.001, Insurance Code, including an act that involves workers'
132	132	compensation insurance under Title 5, Labor Code.
133	133	Sec. 47.057. OFFENSES INVOLVING MOTOR FUELS TAX. For
134	134	purposes of this subchapter, an offense involving motor fuels tax
135	135	means a felony offense under Section 162.403, Tax Code.
136	136	Sec. 47.058. AUTHORITY TO PROSECUTE. (a) In any district
137	137	or county court of appropriate jurisdiction and venue, the office,
138	138	under the direction of the public integrity prosecutor, has the
139	139	authority to prosecute a person for an offense against public
140	140	administration, an offense involving insurance fraud, or an offense
141	141	involving motor fuels tax.
142	142	(b) The Judiciary Section, Comptroller's Department shall
143	143	provide funds for use by the office to pay costs incurred as a
144	144	result of the prosecution of an offense under this subchapter.
145	145	(c) The supreme court may adopt rules governing the
146	146	operations of the office.
147	147	Sec. 47.059 COOPERATION OF STATE AGENCIES AND LOCAL LAW
148	148	ENFORCEMENT AGENCIES AND PROSECUTORS. (a) To the extent allowed by
149	149	law, a state agency or local law enforcement agency, or a district
150	150	attorney, criminal district attorney, or county attorney, shall
151	151	cooperate with the office prosecuting an offense against public
152	152	administration, an offense involving insurance fraud, or an offense
153	153	involving motor fuels tax by providing information requested by the
154	154	office as necessary to carry out the purposes of this subchapter.
155	155	(b) A district attorney, criminal district attorney, or
156	156	county attorney may not interfere with the office's authority to
157	157	represent the state before a grand jury.
158	158	(c) Information disclosed under this section is
159	159	confidential and not subject to disclosure under Chapter 552.
160	160	Sec 47.060 VENUE. Notwithstanding Chapter 13, Code of
161	161	Criminal Procedure, or other law, if the defendant is a natural
162	162	person, venue for prosecution of an offense under this Chapter is
163	163	the county in which the defendant resides.
164	164	Sec. 47.061 RESIDENCE. For the purposes of this subchapter,
165	165	a person resides in the county where that person:
166	166	(1) claims a residence homestead under Chapter 41,
167	167	Property Code, if that person is a member of the Texas Legislature,
168	168	a justice on the supreme court, or judge on the court of criminal
169	169	appeals;
170	170	(2) claimed to be a resident before being subject to
171	171	residency requirements under Article IV, Texas Constitution, if
172	172	that person is a member of the Executive Department of the State; or
173	173	(3) otherwise claims residence if no other provision
174	174	of this subsection applies.
175	175	Sec. 47.062 VENUE FOR GRAND JURY PROCEEDINGS. Venue for all
176	176	grand jury proceedings in prosecutions arising under this Chapter
177	177	shall be in the venue described in Sec. 47.060.
178	178	SECTION 2. Article 20.03, Code of Criminal Procedure, is
179	179	amended to read as follows:
180	180	Art. 20.03. ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR.
181	181	"The attorney representing the State" means Attorney General,
182	182	district attorney, criminal district attorney, [or] county
183	183	attorney, or public integrity prosecutor under Chapter 47,
184	184	Government Code. The attorney representing the State is entitled to
185	185	go before the grand jury and inform them of offenses liable to
186	186	indictment at any time except when they are discussing the
187	187	propriety of finding an indictment or voting upon the same.
188	188	SECTION 3. Sections 301.027(b) and (c), Government Code,
189	189	are amended to read as follows:
190	190	(b) If the president of the senate or speaker receives a
191	191	report or statement of facts as provided by Subsection (a), the
192	192	president of the senate or speaker shall certify the statement of
193	193	facts to the office of public integrity prosecutions under Chapter
194	194	47, [Travis County district attorney] under the seal of the senate
195	195	or house of representatives, as appropriate.
196	196	(c) The public integrity prosecutor [Travis County district
197	197	attorney] shall bring the matter before the grand jury for action.
198	198	If the grand jury returns an indictment, the public integrity
199	199	prosecutor [district attorney] shall prosecute the indictment.
200	200	SECTION 4. (a) Not later than January 1, 2016, the chief
201	201	justice of the supreme court shall appoint the public integrity
202	202	prosecutions committee under Chapter 47, Government Code, as added
203	203	by this Act. Not later than March 1, 2016, the public integrity
204	204	prosecutions committee shall appoint a public integrity
205	205	prosecutor.
206	206	(b) Chapter 47, Government Code, as added by this Act,
207	207	applies only to the prosecution of an offense against public
208	208	administration or an offense involving insurance fraud or motor
209	209	fuels tax committed on or after April 1, 2016. For purposes of this
210	210	section, an offense is committed before April 1, 2016 if any element
211	211	of the offense occurs before that date.
212	212	(c) The prosecution of an offense committed before April 1,
213	213	2016, is covered by the law in effect immediately before the
214	214	effective date of this Act, and the former law is continued in
215	215	effect for that purpose, except that a county attorney, district
216	216	attorney, or criminal district attorney may, on the request of the
217	217	public integrity prosecutor established under Chapter 47,
218	218	Government Code, as added by this Act, permit the public integrity
219	219	prosecutor to assume the prosecution of the offense.
220	220	(d) On January 1, 2016, appropriations made by the 84th
221	221	Legislature to the Judiciary Section, Comptroller's Department,
222	222	for purposes of the Public Integrity Unit, Travis County, are
223	223	transferred to the Office of Public Integrity Prosecutions
224	224	established under Chapter 47, Government Code, as added by this
225	225	Act.
226	226	SECTION 5. This Act takes effect September 1, 2015.