By: Huffman S.B. No. 10
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and prosecution of offenses against
public administration, including ethics offenses, and offenses
involving insurance fraud or the imposition of the 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. (a) The office of
the attorney general shall establish and support a public integrity
unit consisting of:
(1) the attorneys and staff employed by the attorney
general to investigate and support prosecution of offenses
described by this subchapter; and
(2) one commissioned officer of the Texas Rangers
division of the Department of Public Safety to assist with each
investigation by the attorney general and verify the resulting
findings.
(b) The prosecuting attorney described by Subsection
402.107(a) serves as part of the public integrity unit from the
date a presiding judge selects that office under this
subchapter until:
(1) the date that the investigation for an offense
under this subchapter officially ceases; or
(2) the date any potential prosecution of an offense
under this subchapter is fully adjudicated.
Sec. 402.106. INVESTIGATION AND PROSECUTION ASSISTANCE BY
PUBLIC INTEGRITY UNIT. (a) Upon receiving a formal or informal
complaint for an offense under this subchapter or on request of a
county or district attorney, the public integrity unit has the
authority to perform an initial investigation into 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) while performing an initial investigation under
Subsection (a), one commissioned officer of the Texas Rangers
division of the Department of Public Safety shall provide
assistance to and verify the findings made by the public integrity
unit.
(c) If an initial investigation by the public integrity unit
demonstrates a reasonable suspicion that:
(1) an offense under Subsection (a)(1) occurred, the
matter shall be referred to the appropriate presiding judge of the
administrative judicial region containing the county where a person
accused of that offense resides; or
(2) an offense under Subsection (a)(2) or (a)(3)
occurred, the matter shall be referred to the appropriate venue
described in Chapter 13, Code of Criminal Procedure.
(d) the public integrity unit shall, on request of the
prosecuting attorney described in Section 402.107(a) of this
subchapter, assist in the investigation of an offense under this
subchapter.
(e) If assisting in a prosecution as provided by Subsection
(c)(1), the public integrity unit may exercise the powers as
necessary to accomplish the assistance, and the prosecuting
attorney described by Subsection 402.107(a) retains the authority
to represent the state in the district an inferior courts in the
prosecution of the offense.
Sec. 402.107. SELECTION OF PROSECUTING ATTORNEY BY
PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL REGION. (a) Upon
receipt of an initial investigation under Subsection
402.106(c)(1), a presiding judge shall appoint a criminal district
attorney, district attorney, or county attorney for counties in
which there is not a resident criminal district attorney as
provided by Section 21, Article V, Texas Constitution, from any
judicial district comprised of a county within the borders of that
particular administrative judicial region, unless that county is
the county of residence for the person under investigation.
(b) Regardless of venue described in Section 402.108, the
prosecuting attorney under this subchapter retains the sole
authority to represent the state in the district and inferior
courts for all offenses under this subchapter and lesser included
offenses arising from the same transaction that lead to an initial
investigation under Section 402.106(a)(1).
(c) Regardless of venue described in Section 402.108, the
prosecuting attorney under this subchapter retains the sole
discretion to terminate an investigation referred to that office
under this subchapter for insufficient evidence or proceed with
prosecution.
(d) The prosecuting attorney shall notify the public
integrity unit of the termination of a case for insufficient
evidence or the results of a case's final adjudication.
(e) All prosecution arising from the investigation
described by Section 402.106(a)(1), including proceedings before a
grand jury, shall be at the venue described in Section 402.108.
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 under Subsection
402.106(a)(1) is the county in which the defendant resides.
Sec. 402.109. 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;
(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;
(3) claims a residence homestead under Chapter 41,
Property Code if that person is a justice on the supreme court or
judge on the court of criminal appeals; or
(4) otherwise claims residence if no other provision
of this subsection applies.
Sec. 402.110. 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.
SECTION 2. 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 under
Subchapter D.
SECTION 3. (a) Not later than three months after the
effective date of this Act, 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 under
Subchapter D, Chapter 402, Government Code committed on or after
the date that the attorney general establishes the public integrity
unit. For purposes of this section, an offense is committed if any
element of the offense occurs before the date described by this
Section.
(c) The prosecution of an offense committed before the date
described in Subsection (b) of this Section, is covered by the law
in effect when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.