Texas 2015 - 84th Regular

Texas House Bill HB776 Compare Versions

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

Old	New	Differences
1	1	84R3032 ATP-D
2	2	By: Riddle H.B. No. 776
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 in the office of
8	8	the attorney general to prosecute offenses against public
9	9	administration, including ethics offenses, and offenses involving
10	10	insurance fraud or the imposition of the motor fuels tax.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 402, Government Code, is amended by
13	13	adding Subchapter D to read as follows:
14	14	SUBCHAPTER D. PUBLIC INTEGRITY UNIT
15	15	Sec. 402.101. DEFINITIONS. In this subchapter:
16	16	(1) "Offense" means a prohibited act for which state
17	17	law imposes a criminal or civil penalty.
18	18	(2) "Prosecute" means represent the state to impose a
19	19	criminal or civil penalty.
20	20	(3) "Prosecuting attorney" means a district attorney,
21	21	criminal district attorney, or county attorney.
22	22	Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
23	23	purposes of this subchapter, the following are offenses against
24	24	public administration:
25	25	(1) an offense under Title 8, Penal Code, committed by
26	26	a state officer or a state employee in connection with the powers
27	27	and duties of the state office or state employment;
28	28	(2) an offense under Chapter 301, 302, 305, 571, 572,
29	29	or 2004;
30	30	(3) an offense under Chapter 573 committed by a state
31	31	officer in connection with the powers and duties of the state
32	32	office; and
33	33	(4) an offense under Title 15, Election Code,
34	34	committed in connection with a campaign for or the holding of state
35	35	office.
36	36	Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For
37	37	purposes of this subchapter, the following are offenses involving
38	38	insurance fraud:
39	39	(1) an offense under Chapter 35, Penal Code, including
40	40	an offense under that chapter that involves workers' compensation
41	41	insurance under Title 5, Labor Code; or
42	42	(2) a fraudulent insurance act as defined by Section
43	43	701.001, Insurance Code, including an act that involves workers'
44	44	compensation insurance under Title 5, Labor Code.
45	45	Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For
46	46	purposes of this subchapter, an offense involving the motor fuels
47	47	tax means an offense involving compliance with the requirements
48	48	relating to the imposition of the motor fuels tax imposed under
49	49	Chapter 162, Tax Code, including an offense described by Section
50	50	162.403, Tax Code.
51	51	Sec. 402.105. PUBLIC INTEGRITY UNIT. The public integrity
52	52	unit is in the office of the attorney general.
53	53	Sec. 402.106. PROSECUTION BY PUBLIC INTEGRITY UNIT. (a) In
54	54	any district or county court of appropriate jurisdiction and venue,
55	55	the public integrity unit may prosecute a person for:
56	56	(1) an offense against public administration;
57	57	(2) an offense involving insurance fraud; or
58	58	(3) an offense involving the motor fuels tax.
59	59	(b) The public integrity unit must assert the right to
60	60	prosecute under this section in writing to the appropriate
61	61	prosecuting attorney. If the unit asserts the right to prosecute
62	62	under this section:
63	63	(1) the unit has all the powers of the prosecuting
64	64	attorney, including the power to represent the state before a grand
65	65	jury; and
66	66	(2) the prosecuting attorney may not prosecute the
67	67	same person for the same act, but on request of the unit shall
68	68	assist in the prosecution.
69	69	Sec. 402.107. COOPERATION OF STATE AGENCIES AND LOCAL LAW
70	70	ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
71	71	agency or local law enforcement agency shall cooperate with the
72	72	public integrity unit by providing information requested by the
73	73	unit as necessary to carry out the purposes of this subchapter.
74	74	(b) Information disclosed under this section is
75	75	confidential and not subject to disclosure under Chapter 552.
76	76	Sec. 402.108. VENUE. Notwithstanding Chapter 13, Code of
77	77	Criminal Procedure, or other law, if the defendant is a natural
78	78	person, venue for a prosecution by the public integrity unit is in
79	79	the county in which the defendant resides.
80	80	SECTION 2. Sections 301.027(b) and (c), Government Code,
81	81	are amended to read as follows:
82	82	(b) If the president of the senate or speaker receives a
83	83	report or statement of facts as provided by Subsection (a), the
84	84	president of the senate or speaker shall certify the statement of
85	85	facts to the public integrity unit of the office of the attorney
86	86	general [Travis County district attorney] under the seal of the
87	87	senate or house of representatives, as appropriate.
88	88	(c) The public integrity unit [Travis County district
89	89	attorney] shall bring the matter before the grand jury for action.
90	90	If the grand jury returns an indictment, the public integrity unit
91	91	[district attorney] shall prosecute the indictment.
92	92	SECTION 3. Section 402.009, Government Code, is amended to
93	93	read as follows:
94	94	Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
95	95	OFFICERS. The attorney general may employ and commission peace
96	96	officers as investigators for:
97	97	(1) the limited purpose of assisting the attorney
98	98	general in carrying out the duties of that office relating to
99	99	prosecution assistance and crime prevention; or
100	100	(2) the purpose of investigating offenses against
101	101	public administration, offenses involving insurance fraud, and
102	102	offenses involving the imposition of the motor fuels tax that may be
103	103	prosecuted under Subchapter D.
104	104	SECTION 4. Section 35.04, Penal Code, is amended to read as
105	105	follows:
106	106	Sec. 35.04. JURISDICTION OF ATTORNEY GENERAL. (a) As
107	107	provided by Section 402.106, Government Code, the public integrity
108	108	unit of the office of the attorney general may prosecute an offense
109	109	under Section 35.02.
110	110	(b) If the public integrity unit does not assert its right
111	111	as provided by Section 402.106, Government Code, to prosecute an
112	112	offense under Section 35.02, the [The] attorney general may:
113	113	(1) offer to an attorney representing the state in the
114	114	prosecution of the [an] offense [under Section 35.02] the
115	115	investigative, technical, and litigation assistance of the
116	116	attorney general's office; or
117	117	(2) [.
118	118	[(b) The attorney general may prosecute or] assist in the
119	119	prosecution of the [an] offense [under Section 35.02] on the
120	120	request of the attorney representing the state [described by
121	121	Subsection (a)].
122	122	SECTION 5. (a) Not later than March 1, 2016, the attorney
123	123	general shall establish the public integrity unit under Subchapter
124	124	D, Chapter 402, Government Code, as added by this Act.
125	125	(b) Subchapter D, Chapter 402, Government Code, as added by
126	126	this Act, applies only to the prosecution of an offense against
127	127	public administration, an offense involving insurance fraud, or an
128	128	offense involving the imposition of the motor fuels tax committed
129	129	on or after April 1, 2016. For purposes of this section, an offense
130	130	is committed before April 1, 2016, if any element of the offense
131	131	occurs before that date.
132	132	(c) The prosecution of an offense committed before April 1,
133	133	2016, is covered by the law in effect when the offense was
134	134	committed, and the former law is continued in effect for that
135	135	purpose, except that a county attorney, district attorney, or
136	136	criminal district attorney may, on the request of the attorney
137	137	general, permit the public integrity unit established under
138	138	Subchapter D, Chapter 402, Government Code, as added by this Act, to
139	139	assume the prosecution of such an offense.
140	140	SECTION 6. This Act takes effect January 1, 2016, but only
141	141	if the constitutional amendment proposed by the 84th Legislature,
142	142	Regular Session, 2015, to permit the attorney general to prosecute
143	143	offenses against public administration, including ethics offenses,
144	144	and offenses involving insurance fraud or the imposition of the
145	145	motor fuels tax, takes effect. If that amendment is not approved by
146	146	the voters, this Act has no effect.