By: Schofield H.B. No. 3543
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Public Integrity
Prosecutions Committee and the Office of Public Integrity
Prosecutions for the prosecution of offenses against public
administration, including ethics offenses, offenses involving
insurance fraud, and offenses involving motor fuels tax and to the
appointment of committee members and the appointment and
compensation of the prosecutor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Government Code is amended by adding Chapter
47, to read as follows:
CHAPTER 47. PUBLIC INTEGRITY PROSECUTIONS COMMITTEE AND OFFICE OF
PUBLIC INTEGRITY PROSECUTIONS
SUBCHAPTER A. PUBLIC INTEGRITY PROSECUTIONS COMMITTEE
Sec. 47.001 DEFINITIONS. In this subchapter,
(1) "Committee" means the Public Integrity
Prosecutions Committee established under this subchapter.
(2) "Office" means the Office of Public Integrity
Prosecutions established under Subchapter B.
(3) "Public Integrity Prosecutor" means the chief
prosecutor of the Office of Public Integrity Prosecutions.
Sec. 47.002 ESTABLISHMENT OF COMMITTEE; DUTIES. (a) The
Public Integrity Prosecutions Committee is established.
(b) The chief justice of the supreme court shall appoint the
committee, to consist of not fewer than 30 members, from a list of
at least 60 attorneys with prosecution experience in the state
submitted by the Texas District and County Attorneys Association or
its successor. The chief justice shall appoint the committee in a
manner that ensures that each administrative judicial region is
represented.
(c) The members of the committee serve at the pleasure of
the chief justice.
(d) The committee shall select a presiding officer from
among its members and the committee meets at the call of the
presiding officer.
(e) The chief justice shall ensure that there are at least
30 active members of the committee at any time when the term of the
public integrity prosecutor is about to expire, a vacancy has
occurred or is about to occur, or the committee is considering or
may consider removing the public integrity prosecutor under Sec.
47.004.
Sec. 47.003. RECOMMENDATION AND APPOINTMENT OF PUBLIC
INTEGRITY PROSECUTOR. (a) The committee shall establish a
subcommittee from among its members to recommend candidates for the
position of public integrity prosecutor. Persons recommended under
this section must be licensed to practice law in this state.
(b) The committee shall appoint a person recommended under
Subsection (a) as the public integrity prosecutor.
(c) The public integrity prosecutor serves in the position
for a six-year term. At the end of said term, the committee shall
appoint a person for the next six-year term, following the
procedure in Sec 47.002 and this section. No person shall be
eligible to reappointed more than once or to serve more than twelve
years as public integrity prosecutor. Upon the end of a term, if the
public integrity prosecutor has not been reappointed, he ceases to
be public integrity prosecutor and does not hold over in office
until a successor is qualified. The position will be considered
vacant until a successor is qualified in the manner set out in
Section 47.002 and this section.
(d) When a vacancy for the position exists, the committee
shall appoint a public integrity prosecutor in the manner set out in
Section 47.002 and this section.
Sec. 47.004 REMOVAL. The committee may remove the public
integrity prosecutor for good cause shown, by a vote of sixty
percent of the members of the committee who are then still serving
on the committee. Upon removal, the committee shall appoint a new
public integrity prosecutor in the manner set out in this section.
SUBCHAPTER B. OFFICE OF PUBLIC INTEGRITY PROSECUTIONS
Sec. 47.051 DEFINITIONS. In this subchapter,
(1) "Offense" means a prohibited act for which state
law imposes a criminal or civil penalty.
(2) "Office" means the Office of Public Integrity
Prosecutions established under this subchapter.
(3) "Public Integrity Prosecutor" means the chief
prosecutor of the Office of Public Integrity Prosecutions.
(4) "Prosecute" means represent the state to impose a
criminal or civil penalty.
Sec. 47.052. ESTABLISHMENT OF THE OFFICE OF PUBLIC
INTEGRITY PROSECUTIONS; FUNDING. (a) The Office of Public
Integrity Prosecutions is established, and operates under the
direction and supervision of the public integrity prosecutor.
(b) The office shall have such duties as are set out in this
subchapter and elsewhere in law.
(c) The office shall receive funds for personnel costs and
expenses:
(1) as specified in the General Appropriations Act;
and
(2) from any and all funds appropriated to the
Judiciary Section, Comptroller's Department, for purposes of the
Public Integrity Unit, Travis County.
Sec. 47.053 STAFF. (a) The public integrity prosecutor
shall employ attorneys and employ or retain licensed investigators
and other personnel necessary to perform the duties of the office.
(b) The public integrity prosecutor and any attorney
employed by the office may not:
(1) engage in the private practice of criminal law; or
(2) accept anything of value not authorized by law for
services rendered under this subchapter.
Sec. 47.054 COMPENSATION. The public integrity prosecutor
shall be compensated by the Judiciary Section, Comptroller's
Department, at the rate and on the payment schedule of the Travis
County district attorney.
Sec. 47.055 OFFENSES AGAINST PUBLIC ADMINISTRATION. For
the 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. 47.056. OFFENSES INVOLVING INSURANCE FRAUD. For the
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. 47.057. 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. 47.058. AUTHORITY TO PROSECUTE. (a) In any district
or county court of appropriate jurisdiction and venue, the office,
under the direction of the public integrity prosecutor, has the
authority to prosecute a person for an offense against public
administration, an offense involving insurance fraud, or an offense
involving motor fuels tax.
(b) The Judiciary Section, Comptroller's Department shall
provide funds for use by the office to pay costs incurred as a
result of the prosecution of an offense under this subchapter.
(c) The supreme court may adopt rules governing the
operations of the office.
Sec. 47.059 COOPERATION OF STATE AGENCIES AND LOCAL LAW
ENFORCEMENT AGENCIES AND PROSECUTORS. (a) To the extent allowed by
law, a state agency or local law enforcement agency, or a district
attorney, criminal district attorney, or county attorney, shall
cooperate with the office prosecuting an offense against public
administration, an offense involving insurance fraud, or an offense
involving motor fuels tax by providing information requested by the
office as necessary to carry out the purposes of this subchapter.
(b) A district attorney, criminal district attorney, or
county attorney may not interfere with the office's authority to
represent the state before a grand jury.
(c) Information disclosed under this section is
confidential and not subject to disclosure under Chapter 552.
Sec 47.060 VENUE. Notwithstanding Chapter 13, Code of
Criminal Procedure, or other law, if the defendant is a natural
person, venue for prosecution of an offense under this Chapter is
the county in which the defendant resides.
Sec. 47.061 RESIDENCE. For the purposes of this subchapter,
a person resides in the county where that person:
(1) claims a residence homestead under Chapter 41,
Property Code, if that person is a member of the Texas Legislature,
a justice on the supreme court, or judge on the court of criminal
appeals;
(2) claimed to be a resident before being subject to
residency requirements under Article IV, Texas Constitution, if
that person is a member of the Executive Department of the State; or
(3) otherwise claims residence if no other provision
of this subsection applies.
Sec. 47.062 VENUE FOR GRAND JURY PROCEEDINGS. Venue for all
grand jury proceedings in prosecutions arising under this Chapter
shall be in the venue described in Sec. 47.060.
SECTION 2. 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 Attorney General,
district attorney, criminal district attorney, [or] county
attorney, or public integrity prosecutor under Chapter 47,
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 3. 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 office of public integrity prosecutions under Chapter
47, [Travis County district attorney] under the seal of the senate
or house of representatives, as appropriate.
(c) The public integrity prosecutor [Travis County district
attorney] shall bring the matter before the grand jury for action.
If the grand jury returns an indictment, the public integrity
prosecutor [district attorney] shall prosecute the indictment.
SECTION 4. (a) Not later than January 1, 2016, the chief
justice of the supreme court shall appoint the public integrity
prosecutions committee under Chapter 47, Government Code, as added
by this Act. Not later than March 1, 2016, the public integrity
prosecutions committee shall appoint a public integrity
prosecutor.
(b) Chapter 47, Government Code, as added by this Act,
applies only to the prosecution of an offense against public
administration or an offense involving insurance fraud or motor
fuels tax 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 immediately before the
effective date of this Act, 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
public integrity prosecutor established under Chapter 47,
Government Code, as added by this Act, permit the public integrity
prosecutor to assume the prosecution of the offense.
(d) On January 1, 2016, appropriations made by the 84th
Legislature to the Judiciary Section, Comptroller's Department,
for purposes of the Public Integrity Unit, Travis County, are
transferred to the Office of Public Integrity Prosecutions
established under Chapter 47, Government Code, as added by this
Act.
SECTION 5. This Act takes effect September 1, 2015.