84R30672 ATP-D
By: Huffman, et al. S.B. No. 10
(King of Parker)
Substitute the following for S.B. No. 10: No.
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of offenses against public
administration, including ethics offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 41, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PUBLIC INTEGRITY PROSECUTIONS
Sec. 41.351. 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) "Public integrity prosecution" means the
prosecution of an offense against public administration under
Section 41.352.
(4) "State agency" means a department, commission,
board, office, council, authority, or other agency in the executive
branch of state government that is created by the constitution or a
statute of this state, including a university system or institution
of higher education as defined by Section 61.003, Education Code.
(5) "State employee" means an individual, other than a
state officer, who is employed by:
(A) a state agency;
(B) the Supreme Court of Texas, the Court of
Criminal Appeals of Texas, a court of appeals, or the Texas Judicial
Council; or
(C) either house of the legislature or a
legislative agency, council, or committee, including the
Legislative Budget Board, the Texas Legislative Council, the State
Auditor's Office, and the Legislative Reference Library.
(6) "State officer" means an elected officer, an
appointed officer, a salaried appointed officer, an appointed
officer of a major state agency, or the executive head of a state
agency.
Sec. 41.352. 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, 571, 572, or
2004 committed by a state officer or a state employee in connection
with the powers and duties of the state office or state employment
or by a candidate for state office;
(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. 41.353. INVESTIGATION OF PUBLIC INTEGRITY OFFENSES.
(a) Unless another state agency is designated as having primary
responsibility for an investigation of a complaint alleging an
offense against public administration, an investigation of a formal
or informal complaint alleging an offense against public
administration under this subchapter shall be conducted by an
officer of the Texas Rangers. If a state agency other than the Texas
Rangers has primary responsibility for an investigation of a
complaint alleging an offense against public administration, the
Texas Rangers shall provide assistance if assistance is requested
by that state agency.
(b) Nothing in this subchapter shall prevent the state
auditor from conducting an investigation under Chapter 321,
including an investigation of a formal or informal complaint
alleging an offense against public administration.
(c) If an investigation conducted by the Texas Rangers of a
complaint alleging an offense against public administration
demonstrates a reasonable suspicion that the offense alleged in the
complaint occurred, the officer of the Texas Rangers conducting the
investigation shall refer the complaint to the appropriate
prosecutor of the county in which venue is proper under Section
41.357.
(d) Not later than the 90th day before the expiration of the
statute of limitations for the prosecution of an offense against
public administration alleged in a complaint referred by the Texas
Rangers under Subsection (c), the prosecutor to whom the complaint
was referred shall notify the Texas Rangers of the status of the
case. The Texas Rangers shall immediately notify the legislature
if a prosecutor does not provide the status notification to the
Texas Rangers within the time provided in this subsection.
Sec. 41.354. RECUSAL OF PROSECUTOR. (a) In this section,
"judges" means the presiding judges of the administrative judicial
regions.
(b) A prosecutor to whom a complaint has been referred under
Section 41.353(c) or the defendant may request that the court with
jurisdiction over the complaint order the prosecutor to be recused
from the case for good cause. If the court approves the request, the
prosecutor shall be considered disqualified.
(c) A prosecutor to whom a complaint has been referred under
Section 41.353(c) and who has, either currently or in the past, a
financial or other business relationship with the defendant must
request that the court with jurisdiction over the complaint permit
the prosecutor to be recused from the case for good cause. If the
court approves the request, the prosecutor shall be considered
disqualified.
(d) A prosecutor to whom a complaint has been referred under
Section 41.353(c) shall disclose to the court if the prosecutor, in
either a personal or professional capacity, has ever made a
campaign contribution to or received a campaign contribution from
the person against whom the complaint was made or a political
committee organized for the benefit of the person against whom the
complaint was made. The court shall consider a disclosure made
under this subsection in determining whether good cause exists for
recusal.
(e) Following the recusal of a prosecutor under Subsection
(b) or (c), the judges shall select the prosecutor for prosecution
of the complaint by a majority vote. The prosecutor for an offense
against public administration must represent another county within
the same administrative judicial region as the county in which
venue is proper under Section 41.357. A prosecutor may be selected
under this section only with the prosecutor's consent to the
appointment.
(f) In selecting a prosecutor under this section, the judges
shall consider the proximity of the county or district represented
by the prosecutor to the county in which venue is proper under
Section 41.357.
(g) The prosecutor selected to prosecute the public
integrity offense under this section may pursue a waiver to extend
the statute of limitations by no more than two years. If the waiver
adds less than two years to limitations, the prosecutor may pursue a
successive waiver for good cause shown to the court, providing that
the total time of all waivers does not exceed two years.
Sec. 41.355. 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
prosecutor of a public integrity prosecution by providing
information requested by the prosecutor 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. 41.356. CONFLICT OF INTEREST. (a) The Texas Rangers
may refer the investigation of a complaint alleging an offense
against public administration involving a person who is a member of
the executive branch to the local law enforcement agency that would
otherwise have authority to investigate the complaint, if a
conflict of interest arises from the conduct of an investigation by
the officers of the Texas Rangers.
(b) If, in the course of conducting an investigation of a
complaint, the Texas Rangers determine that an individual who is
assigned to the security detail of a state official is a fact
witness or has knowledge of the facts underlying the complaint, the
Texas Rangers shall refer the investigation of the complaint to
another law enforcement agency. The public safety director shall
notify the chair of the Public Safety Commission of the referral of
a complaint to another law enforcement agency within 24 hours after
the referral is made.
(c) If a formal or informal complaint alleges that the
public safety director or a deputy or assistant director of the
Department of Public Safety has committed an offense against public
administration, the Texas Rangers shall refer the investigation of
the complaint to another law enforcement agency. The public safety
director shall notify the chair of the Public Safety Commission of
the referral of a complaint to another law enforcement agency
within 24 hours after the referral is made.
(d) Local law enforcement must comply with all requirements
of this subchapter in conducting an investigation of a complaint
alleging an offense against public administration as provided by
this section.
Sec. 41.357. VENUE. (a) Notwithstanding Chapter 13, Code
of Criminal Procedure, or any other law, and except as provided by
Subsection (c) or (d), if the defendant is a state officer, venue
for a prosecution under this subchapter is the county in which the
defendant resided at the time the offense was committed.
(b) Notwithstanding any other law, if the defendant is a
state employee who is not a state officer, venue for a prosecution
under this subchapter is the county in which the conduct
constituting the offense against public administration occurred.
(c) If the defendant holds an office of the executive branch
subject to a residency requirement under Article IV, Texas
Constitution, venue for a prosecution under this subchapter is the
county in which the defendant resided at the time the defendant was
elected to the term of that office during which the offense was
committed.
(d) If a complaint alleging an offense against public
administration under this subchapter alleges that an offense was
committed by two or more defendants, venue for the prosecution of
all defendants under this subchapter is any county in which the
conduct constituting the offense against public administration
occurred.
Sec. 41.358. PROSECUTION OF CERTAIN OFFENSES BY ATTORNEY
GENERAL. Nothing in this subchapter shall be construed as limiting
the authority of the attorney general to prosecute offenses under
Section 273.021, Election Code.
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 appropriate prosecuting [Travis County district]
attorney as provided under Section 41.353(c) under the seal of the
senate or house of representatives, as appropriate.
(c) The prosecuting [Travis County district] attorney to
whom a statement of facts is certified under Subsection (a) or the
prosecutor selected under Section 41.354(e), if applicable, 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.
SECTION 3. Section 411.022, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) An officer of the Texas Rangers has the authority to
investigate offenses against public administration prosecuted
under Subchapter F, Chapter 41.
SECTION 4. Subchapter F, Chapter 41, Government Code, as
added by this Act, applies only to the prosecution of an offense
against public administration committed on or after September 1,
2015. For purposes of this section, an offense is committed before
September 1, 2015, if any element of the offense occurs before that
date.
SECTION 5. The investigation of an offense against public
administration that is classified as ongoing or pending on the
effective date of this Act shall remain with the entity that is
conducting the investigation, unless the entity consents to
transfer the investigation to the Texas Rangers.
SECTION 6. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are severable.
SECTION 7. This Act takes effect September 1, 2015.