84R2101 MK-D
By: Fallon H.B. No. 940
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and prosecution of offenses against
public administration, including ethics offenses, offenses
involving insurance fraud, and offenses involving motor fuels tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 402, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PUBLIC INTEGRITY UNIT
Sec. 402.101. DEFINITIONS. In this subchapter:
(1) "Offense" means a prohibited act for which state
law imposes a criminal or civil penalty.
(2) "Prosecute" means represent the state to impose a
criminal or civil penalty.
(3) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney.
Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
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. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For
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. 402.104. 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. 402.105. PUBLIC INTEGRITY UNIT. The public integrity
unit is created in the office of the attorney general.
Sec. 402.106. INVESTIGATION AND PROSECUTION BY PUBLIC
INTEGRITY UNIT. (a) The public integrity unit has the authority to
investigate whether a person has committed:
(1) an offense against public administration;
(2) an offense involving insurance fraud; or
(3) an offense involving motor fuels tax.
(b) The public integrity unit shall, on request of the
appropriate prosecuting attorney, assist in the prosecution of or
prosecute an offense under this section.
(c) If assisting in a prosecution as provided by Subsection
(b), the public integrity unit may exercise the powers as necessary
to accomplish the assistance, and the prosecuting attorney retains
the authority to represent the state in the district and inferior
courts in the prosecution of the offense.
(d) If prosecuting an offense as provided by Subsection (b):
(1) the public integrity unit has all the powers of the
prosecuting attorney, including the power to represent the state
before a grand jury;
(2) the prosecuting attorney may not prosecute the
same person for the same act; and
(3) only the attorney general may represent the state
in the district and inferior courts in the prosecution of the
offense.
Sec. 402.107. COOPERATION OF STATE AGENCIES AND LOCAL LAW
ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
agency or local law enforcement agency shall cooperate with the
public integrity unit by providing information requested by the
unit as necessary to carry out the purposes of this subchapter.
(b) Information disclosed under this section is
confidential and not subject to disclosure under Chapter 552.
Sec. 402.108. VENUE. Notwithstanding Chapter 13, Code of
Criminal Procedure, or other law, if the defendant is a natural
person, venue for prosecution of an offense against public
administration, an offense involving insurance fraud, or an
offense involving motor fuels tax is in the county in which the
defendant resides.
SECTION 2. 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 public integrity unit of the office of the attorney
general [Travis County district attorney] under the seal of the
senate or house of representatives, as appropriate. The public
integrity unit shall conduct an investigation on receipt of the
statement of facts under this subsection.
(c) If after conducting an investigation under Subsection
(b), the public integrity unit accepts the statement of facts, the
unit shall provide the results of the investigation to the [The
Travis County] district attorney or other prosecuting attorney of
the county in which the person resides, who shall bring the matter
before the grand jury for action. If the grand jury returns an
indictment, the prosecuting [district] attorney shall prosecute
the indictment or request that the attorney general prosecute the
indictment.
SECTION 3. Section 402.009, Government Code, is amended to
read as follows:
Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
OFFICERS. The attorney general may employ and commission peace
officers as investigators for:
(1) the limited purpose of assisting the attorney
general in carrying out the duties of that office relating to
prosecution assistance and crime prevention; or
(2) the purpose of investigating offenses against
public administration, offenses involving insurance fraud, and
offenses involving motor fuels tax prosecuted under Subchapter D.
SECTION 4. (a) Not later than March 1, 2016, the attorney
general shall establish the public integrity unit under Subchapter
D, Chapter 402, Government Code, as added by this Act.
(b) Subchapter D, Chapter 402, 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 when the offense was
committed, 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 attorney
general, permit the public integrity unit established under
Subchapter D, Chapter 402, Government Code, as added by this Act, to
assume the prosecution of such an offense.
SECTION 5. This Act takes effect January 1, 2016.