Texas 2015 - 84th Regular

Texas House Bill HB940 Compare Versions

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

Old	New	Differences
1	1	84R2101 MK-D
2	2	By: Fallon H.B. No. 940
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the investigation and prosecution of offenses against
8	8	public administration, including ethics offenses, offenses
9	9	involving insurance fraud, and offenses involving motor fuels tax.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 402, Government Code, is amended by
12	12	adding Subchapter D to read as follows:
13	13	SUBCHAPTER D. PUBLIC INTEGRITY UNIT
14	14	Sec. 402.101. DEFINITIONS. In this subchapter:
15	15	(1) "Offense" means a prohibited act for which state
16	16	law imposes a criminal or civil penalty.
17	17	(2) "Prosecute" means represent the state to impose a
18	18	criminal or civil penalty.
19	19	(3) "Prosecuting attorney" means a district attorney,
20	20	criminal district attorney, or county attorney.
21	21	Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
22	22	purposes of this subchapter, the following are offenses against
23	23	public administration:
24	24	(1) an offense under Title 8, Penal Code, committed by
25	25	a state officer or a state employee in connection with the powers
26	26	and duties of the state office or state employment;
27	27	(2) an offense under Chapter 301, 302, 305, 571, 572,
28	28	or 2004;
29	29	(3) an offense under Chapter 573 committed by a state
30	30	officer in connection with the powers and duties of the state
31	31	office; and
32	32	(4) an offense under Title 15, Election Code,
33	33	committed in connection with:
34	34	(A) a campaign for or the holding of state
35	35	office; or
36	36	(B) an election on a proposed constitutional
37	37	amendment.
38	38	Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For
39	39	purposes of this subchapter, the following are offenses involving
40	40	insurance fraud:
41	41	(1) an offense under Chapter 35, Penal Code, including
42	42	an offense under that chapter that involves workers' compensation
43	43	insurance under Title 5, Labor Code; or
44	44	(2) a fraudulent insurance act as defined by Section
45	45	701.001, Insurance Code, including an act that involves workers'
46	46	compensation insurance under Title 5, Labor Code.
47	47	Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For
48	48	purposes of this subchapter, an offense involving motor fuels tax
49	49	means a felony offense under Section 162.403, Tax Code.
50	50	Sec. 402.105. PUBLIC INTEGRITY UNIT. The public integrity
51	51	unit is created in the office of the attorney general.
52	52	Sec. 402.106. INVESTIGATION AND PROSECUTION BY PUBLIC
53	53	INTEGRITY UNIT. (a) The public integrity unit has the authority to
54	54	investigate whether a person has committed:
55	55	(1) an offense against public administration;
56	56	(2) an offense involving insurance fraud; or
57	57	(3) an offense involving motor fuels tax.
58	58	(b) The public integrity unit shall, on request of the
59	59	appropriate prosecuting attorney, assist in the prosecution of or
60	60	prosecute an offense under this section.
61	61	(c) If assisting in a prosecution as provided by Subsection
62	62	(b), the public integrity unit may exercise the powers as necessary
63	63	to accomplish the assistance, and the prosecuting attorney retains
64	64	the authority to represent the state in the district and inferior
65	65	courts in the prosecution of the offense.
66	66	(d) If prosecuting an offense as provided by Subsection (b):
67	67	(1) the public integrity unit has all the powers of the
68	68	prosecuting attorney, including the power to represent the state
69	69	before a grand jury;
70	70	(2) the prosecuting attorney may not prosecute the
71	71	same person for the same act; and
72	72	(3) only the attorney general may represent the state
73	73	in the district and inferior courts in the prosecution of the
74	74	offense.
75	75	Sec. 402.107. COOPERATION OF STATE AGENCIES AND LOCAL LAW
76	76	ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
77	77	agency or local law enforcement agency shall cooperate with the
78	78	public integrity unit by providing information requested by the
79	79	unit as necessary to carry out the purposes of this subchapter.
80	80	(b) Information disclosed under this section is
81	81	confidential and not subject to disclosure under Chapter 552.
82	82	Sec. 402.108. VENUE. Notwithstanding Chapter 13, Code of
83	83	Criminal Procedure, or other law, if the defendant is a natural
84	84	person, venue for prosecution of an offense against public
85	85	administration, an offense involving insurance fraud, or an
86	86	offense involving motor fuels tax is in the county in which the
87	87	defendant resides.
88	88	SECTION 2. Sections 301.027(b) and (c), Government Code,
89	89	are amended to read as follows:
90	90	(b) If the president of the senate or speaker receives a
91	91	report or statement of facts as provided by Subsection (a), the
92	92	president of the senate or speaker shall certify the statement of
93	93	facts to the public integrity unit of the office of the attorney
94	94	general [Travis County district attorney] under the seal of the
95	95	senate or house of representatives, as appropriate. The public
96	96	integrity unit shall conduct an investigation on receipt of the
97	97	statement of facts under this subsection.
98	98	(c) If after conducting an investigation under Subsection
99	99	(b), the public integrity unit accepts the statement of facts, the
100	100	unit shall provide the results of the investigation to the [The
101	101	Travis County] district attorney or other prosecuting attorney of
102	102	the county in which the person resides, who shall bring the matter
103	103	before the grand jury for action. If the grand jury returns an
104	104	indictment, the prosecuting [district] attorney shall prosecute
105	105	the indictment or request that the attorney general prosecute the
106	106	indictment.
107	107	SECTION 3. Section 402.009, Government Code, is amended to
108	108	read as follows:
109	109	Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
110	110	OFFICERS. The attorney general may employ and commission peace
111	111	officers as investigators for:
112	112	(1) the limited purpose of assisting the attorney
113	113	general in carrying out the duties of that office relating to
114	114	prosecution assistance and crime prevention; or
115	115	(2) the purpose of investigating offenses against
116	116	public administration, offenses involving insurance fraud, and
117	117	offenses involving motor fuels tax prosecuted under Subchapter D.
118	118	SECTION 4. (a) Not later than March 1, 2016, the attorney
119	119	general shall establish the public integrity unit under Subchapter
120	120	D, Chapter 402, Government Code, as added by this Act.
121	121	(b) Subchapter D, Chapter 402, Government Code, as added by
122	122	this Act, applies only to the prosecution of an offense against
123	123	public administration or an offense involving insurance fraud or
124	124	motor fuels tax committed on or after April 1, 2016. For purposes of
125	125	this section, an offense is committed before April 1, 2016, if any
126	126	element of the offense occurs before that date.
127	127	(c) The prosecution of an offense committed before April 1,
128	128	2016, is covered by the law in effect when the offense was
129	129	committed, and the former law is continued in effect for that
130	130	purpose, except that a county attorney, district attorney, or
131	131	criminal district attorney may, on the request of the attorney
132	132	general, permit the public integrity unit established under
133	133	Subchapter D, Chapter 402, Government Code, as added by this Act, to
134	134	assume the prosecution of such an offense.
135	135	SECTION 5. This Act takes effect January 1, 2016.