Texas 2015 - 84th Regular

Texas Senate Bill SB10 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Huffman S.B. No. 10
2		-	(In the Senate - Filed March 4, 2015; March 4, 2015, read
3		-	first time and referred to Committee on State Affairs;
4		-	March 18, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 2; March 18, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 10 By: Huffman
	1	+	84R30672 ATP-D
	2	+	By: Huffman, et al. S.B. No. 10
	3	+	(King of Parker)
	4	+	Substitute the following for S.B. No. 10: No.
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13		-	relating to the investigation and prosecution of offenses against
14		-	public administration, including ethics offenses, and offenses
15		-	involving insurance fraud or the imposition of the motor fuels tax.
	9	+	relating to the prosecution of offenses against public
	10	+	administration, including ethics offenses.
16	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17		-	SECTION 1. Chapter ~~402~~, Government Code, is amended by
18		-	adding Subchapter D to read as follows:
19		-	SUBCHAPTER D. PUBLIC INTEGRITY ~~UNIT~~
20		-	Sec. ~~402~~.~~101~~. DEFINITIONS. In this subchapter:
	12	+	SECTION 1. Chapter 41, Government Code, is amended by
	13	+	adding Subchapter F to read as follows:
	14	+	SUBCHAPTER F. PUBLIC INTEGRITY PROSECUTIONS
	15	+	Sec. 41.351. DEFINITIONS. In this subchapter:
21	16		(1) "Offense" means a prohibited act for which state
22	17		law imposes a criminal or civil penalty.
23	18		(2) "Prosecute" means represent the state to impose a
24	19		criminal or civil penalty.
25		-	(3) "Prosecuting attorney" means a district attorney,
26		-	criminal district attorney, or county attorney.
27		-	Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
	20	+	(3) "Public integrity prosecution" means the
	21	+	prosecution of an offense against public administration under
	22	+	Section 41.352.
	23	+	(4) "State agency" means a department, commission,
	24	+	board, office, council, authority, or other agency in the executive
	25	+	branch of state government that is created by the constitution or a
	26	+	statute of this state, including a university system or institution
	27	+	of higher education as defined by Section 61.003, Education Code.
	28	+	(5) "State employee" means an individual, other than a
	29	+	state officer, who is employed by:
	30	+	(A) a state agency;
	31	+	(B) the Supreme Court of Texas, the Court of
	32	+	Criminal Appeals of Texas, a court of appeals, or the Texas Judicial
	33	+	Council; or
	34	+	(C) either house of the legislature or a
	35	+	legislative agency, council, or committee, including the
	36	+	Legislative Budget Board, the Texas Legislative Council, the State
	37	+	Auditor's Office, and the Legislative Reference Library.
	38	+	(6) "State officer" means an elected officer, an
	39	+	appointed officer, a salaried appointed officer, an appointed
	40	+	officer of a major state agency, or the executive head of a state
	41	+	agency.
	42	+	Sec. 41.352. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
28	43		purposes of this subchapter, the following are offenses against
29	44		public administration:
30	45		(1) an offense under Title 8, Penal Code, committed by
31	46		a state officer or a state employee in connection with the powers
32	47		and duties of the state office or state employment;
33		-	(2) an offense under Chapter 301, 302, 305, 571, 572,
34		-	or 2004;
	48	+	(2) an offense under Chapter 301, 302, 571, 572, or
	49	+	2004 committed by a state officer or a state employee in connection
	50	+	with the powers and duties of the state office or state employment
	51	+	or by a candidate for state office;
35	52		(3) an offense under Chapter 573 committed by a state
36	53		officer in connection with the powers and duties of the state
37	54		office; and
38	55		(4) an offense under Title 15, Election Code,
39	56		committed in connection with:
40	57		(A) a campaign for or the holding of state
41	58		office; or
42	59		(B) an election on a proposed constitutional
43	60		amendment.
44		-	Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For
45		-	purposes of this subchapter, the following are offenses involving
46		-	insurance fraud:
47		-	(1) an offense under Chapter 35, Penal Code, including
48		-	an offense under that chapter that involves workers' compensation
49		-	insurance under Title 5, Labor Code; or
50		-	(2) a fraudulent insurance act as defined by Section
51		-	701.001, Insurance Code, including an act that involves workers'
52		-	compensation insurance under Title 5, Labor Code.
53		-	Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For
54		-	purposes of this subchapter, an offense involving motor fuels tax
55		-	means a felony offense under Section 162.403, Tax Code.
56		-	Sec. 402.105. PUBLIC INTEGRITY UNIT. (a) The office of
57		-	the attorney general shall establish and support a public integrity
58		-	unit consisting of:
59		-	(1) the attorneys and staff employed by the attorney
60		-	general to investigate and support prosecution of offenses
61		-	described by this subchapter; and
62		-	(2) one commissioned officer of the Texas Rangers
63		-	division of the Department of Public Safety, selected within the
64		-	department, to assist with each investigation conducted by the
65		-	attorney general and verify the resulting findings.
66		-	(b) The prosecuting attorney described by Section
67		-	402.106(c) or 402.107(b) serves as part of the public integrity
68		-	unit from the date a matter is referred to the attorney under
69		-	Section 402.106(c) or the attorney is appointed under Section
70		-	402.107(b) until:
71		-	(1) the date on which the investigation for an offense
72		-	under this subchapter officially ceases; or
73		-	(2) the date on which any prosecution of an offense
74		-	under this subchapter is fully adjudicated.
75		-	Sec. 402.106. INVESTIGATION AND PROSECUTION ASSISTANCE BY
76		-	PUBLIC INTEGRITY UNIT. (a) On receiving a formal or informal
77		-	complaint regarding an offense described by this subsection or on
78		-	request of a prosecuting attorney, the public integrity unit may
79		-	perform an initial investigation into whether a person has
80		-	committed:
81		-	(1) an offense against public administration;
82		-	(2) an offense involving insurance fraud; or
83		-	(3) an offense involving motor fuels tax.
84		-	(b) The commissioned officer of the Texas Rangers division
85		-	of the Department of Public Safety serving on the public integrity
86		-	unit shall provide assistance for an initial investigation under
87		-	Subsection (a) and verify the findings made by the unit.
88		-	(c) If an initial investigation by the public integrity unit
89		-	demonstrates a reasonable suspicion that an offense described by
90		-	Subsection (a) occurred, the matter shall be referred to the
91		-	prosecuting attorney of the county in which venue is proper under
92		-	Section 402.109 or Chapter 13, Code of Criminal Procedure, as
93		-	applicable.
94		-	(d) The public integrity unit shall, on request of the
95		-	prosecuting attorney described by Subsection (c), assist the
96		-	attorney in the investigation and prosecution of an offense under
97		-	this subchapter.
98		-	(e) If the public integrity unit is assisting in a
99		-	prosecution as provided by Subsection (d):
100		-	(1) the public integrity unit may exercise the powers
101		-	as necessary to accomplish the assistance; and
102		-	(2) the prosecuting attorney described by Subsection
103		-	(c) retains the authority to represent the state in the district and
104		-	inferior courts in the prosecution of the offense.
105		-	Sec. 402.107. RECUSAL OF PROSECUTING ATTORNEY; SELECTION OF
106		-	PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL
107		-	REGION. (a) A prosecuting attorney may request that the court
108		-	permit the attorney to recuse himself or herself in a case for good
109		-	cause, and on approval by the court, the attorney is disqualified.
110		-	(b) On recusal of a prosecuting attorney under Subsection
111		-	(a), the presiding judge of the administrative judicial region
112		-	containing the county served by that attorney shall appoint a
113		-	prosecuting attorney from another county in that administrative
114		-	judicial region.
115		-	Sec. 402.108. NOTIFICATION REGARDING DISPOSITION OF CASE.
116		-	The prosecuting attorney shall notify the public integrity unit of:
117		-	(1) the termination of a case investigated by the
118		-	public integrity unit for insufficient evidence; or
119		-	(2) the results of the final adjudication of a case
120		-	investigated by the public integrity unit.
121		-	Sec. 402.109. VENUE. Notwithstanding Chapter 13, Code of
122		-	Criminal Procedure, or other law, if the defendant is a natural
123		-	person, venue for prosecution of an offense under Section
124		-	402.106(a)(1) is the county in which the defendant resides.
125		-	Sec. 402.110. RESIDENCE. For the purposes of this
126		-	subchapter, a person resides in the county where that person:
127		-	(1) claims a residence homestead under Chapter 41,
128		-	Property Code, if that person is a member of the legislature;
129		-	(2) claimed to be a resident before being subject to
130		-	residency requirements under Article IV, Texas Constitution, if
131		-	that person is a member of the executive branch of this state;
132		-	(3) claims a residence homestead under Chapter 41,
133		-	Property Code, if that person is a justice on the supreme court or
134		-	judge on the court of criminal appeals; or
135		-	(4) otherwise claims residence if no other provision
136		-	of this section applies.
137		-	Sec. 402.111. COOPERATION OF STATE AGENCIES AND LOCAL LAW
	61	+	Sec. 41.353. INVESTIGATION OF PUBLIC INTEGRITY OFFENSES.
	62	+	(a) Unless another state agency is designated as having primary
	63	+	responsibility for an investigation of a complaint alleging an
	64	+	offense against public administration, an investigation of a formal
	65	+	or informal complaint alleging an offense against public
	66	+	administration under this subchapter shall be conducted by an
	67	+	officer of the Texas Rangers. If a state agency other than the Texas
	68	+	Rangers has primary responsibility for an investigation of a
	69	+	complaint alleging an offense against public administration, the
	70	+	Texas Rangers shall provide assistance if assistance is requested
	71	+	by that state agency.
	72	+	(b) Nothing in this subchapter shall prevent the state
	73	+	auditor from conducting an investigation under Chapter 321,
	74	+	including an investigation of a formal or informal complaint
	75	+	alleging an offense against public administration.
	76	+	(c) If an investigation conducted by the Texas Rangers of a
	77	+	complaint alleging an offense against public administration
	78	+	demonstrates a reasonable suspicion that the offense alleged in the
	79	+	complaint occurred, the officer of the Texas Rangers conducting the
	80	+	investigation shall refer the complaint to the appropriate
	81	+	prosecutor of the county in which venue is proper under Section
	82	+	41.357.
	83	+	(d) Not later than the 90th day before the expiration of the
	84	+	statute of limitations for the prosecution of an offense against
	85	+	public administration alleged in a complaint referred by the Texas
	86	+	Rangers under Subsection (c), the prosecutor to whom the complaint
	87	+	was referred shall notify the Texas Rangers of the status of the
	88	+	case. The Texas Rangers shall immediately notify the legislature
	89	+	if a prosecutor does not provide the status notification to the
	90	+	Texas Rangers within the time provided in this subsection.
	91	+	Sec. 41.354. RECUSAL OF PROSECUTOR. (a) In this section,
	92	+	"judges" means the presiding judges of the administrative judicial
	93	+	regions.
	94	+	(b) A prosecutor to whom a complaint has been referred under
	95	+	Section 41.353(c) or the defendant may request that the court with
	96	+	jurisdiction over the complaint order the prosecutor to be recused
	97	+	from the case for good cause. If the court approves the request, the
	98	+	prosecutor shall be considered disqualified.
	99	+	(c) A prosecutor to whom a complaint has been referred under
	100	+	Section 41.353(c) and who has, either currently or in the past, a
	101	+	financial or other business relationship with the defendant must
	102	+	request that the court with jurisdiction over the complaint permit
	103	+	the prosecutor to be recused from the case for good cause. If the
	104	+	court approves the request, the prosecutor shall be considered
	105	+	disqualified.
	106	+	(d) A prosecutor to whom a complaint has been referred under
	107	+	Section 41.353(c) shall disclose to the court if the prosecutor, in
	108	+	either a personal or professional capacity, has ever made a
	109	+	campaign contribution to or received a campaign contribution from
	110	+	the person against whom the complaint was made or a political
	111	+	committee organized for the benefit of the person against whom the
	112	+	complaint was made. The court shall consider a disclosure made
	113	+	under this subsection in determining whether good cause exists for
	114	+	recusal.
	115	+	(e) Following the recusal of a prosecutor under Subsection
	116	+	(b) or (c), the judges shall select the prosecutor for prosecution
	117	+	of the complaint by a majority vote. The prosecutor for an offense
	118	+	against public administration must represent another county within
	119	+	the same administrative judicial region as the county in which
	120	+	venue is proper under Section 41.357. A prosecutor may be selected
	121	+	under this section only with the prosecutor's consent to the
	122	+	appointment.
	123	+	(f) In selecting a prosecutor under this section, the judges
	124	+	shall consider the proximity of the county or district represented
	125	+	by the prosecutor to the county in which venue is proper under
	126	+	Section 41.357.
	127	+	(g) The prosecutor selected to prosecute the public
	128	+	integrity offense under this section may pursue a waiver to extend
	129	+	the statute of limitations by no more than two years. If the waiver
	130	+	adds less than two years to limitations, the prosecutor may pursue a
	131	+	successive waiver for good cause shown to the court, providing that
	132	+	the total time of all waivers does not exceed two years.
	133	+	Sec. 41.355. COOPERATION OF STATE AGENCIES AND LOCAL LAW
138	134		ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state
139	135		agency or local law enforcement agency shall cooperate with the
140		-	public integrity unit by providing information requested by the
141		-	unit as necessary to carry out the purposes of this subchapter.
	136	+	prosecutor of a public integrity prosecution by providing
	137	+	information requested by the prosecutor as necessary to carry out
	138	+	the purposes of this subchapter.
142	139		(b) Information disclosed under this section is
143	140		confidential and not subject to disclosure under Chapter 552.
144		-	SECTION 2. Section 402.009, Government Code, is amended to
145		-	read as follows:
146		-	Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
147		-	OFFICERS. The attorney general may employ and commission peace
148		-	officers as investigators for:
149		-	(1) the limited purpose of assisting the attorney
150		-	general in carrying out the duties of that office relating to
151		-	prosecution assistance and crime prevention; or
152		-	(2) the purpose of investigating offenses under
153		-	Subchapter D.
154		-	SECTION 3. (a) Not later than three months after the
155		-	effective date of this Act, the attorney general shall establish
156		-	the public integrity unit under Subchapter D, Chapter 402,
157		-	Government Code, as added by this Act.
158		-	(b) Subchapter D, Chapter 402, Government Code, as added by
159		-	this Act, applies only to the prosecution of an offense under
160		-	Subchapter D, Chapter 402, Government Code, committed on or after
161		-	the date that the attorney general establishes the public integrity
162		-	unit. For purposes of this subsection, an offense is committed if
163		-	any element of the offense occurs before the date described by this
164		-	subsection.
165		-	(c) The prosecution of an offense committed before the date
166		-	described in Subsection (b) of this section is covered by the law in
167		-	effect when the offense was committed, and the former law is
168		-	continued in effect for that purpose.
169		-	SECTION 4. This Act takes effect immediately if it receives
170		-	a vote of two-thirds of all the members elected to each house, as
171		-	provided by Section 39, Article III, Texas Constitution. If this
172		-	Act does not receive the vote necessary for immediate effect, this
173		-	Act takes effect September 1, 2015.
174		-	* * * * *
	141	+	Sec. 41.356. CONFLICT OF INTEREST. (a) The Texas Rangers
	142	+	may refer the investigation of a complaint alleging an offense
	143	+	against public administration involving a person who is a member of
	144	+	the executive branch to the local law enforcement agency that would
	145	+	otherwise have authority to investigate the complaint, if a
	146	+	conflict of interest arises from the conduct of an investigation by
	147	+	the officers of the Texas Rangers.
	148	+	(b) If, in the course of conducting an investigation of a
	149	+	complaint, the Texas Rangers determine that an individual who is
	150	+	assigned to the security detail of a state official is a fact
	151	+	witness or has knowledge of the facts underlying the complaint, the
	152	+	Texas Rangers shall refer the investigation of the complaint to
	153	+	another law enforcement agency. The public safety director shall
	154	+	notify the chair of the Public Safety Commission of the referral of
	155	+	a complaint to another law enforcement agency within 24 hours after
	156	+	the referral is made.
	157	+	(c) If a formal or informal complaint alleges that the
	158	+	public safety director or a deputy or assistant director of the
	159	+	Department of Public Safety has committed an offense against public
	160	+	administration, the Texas Rangers shall refer the investigation of
	161	+	the complaint to another law enforcement agency. The public safety
	162	+	director shall notify the chair of the Public Safety Commission of
	163	+	the referral of a complaint to another law enforcement agency
	164	+	within 24 hours after the referral is made.
	165	+	(d) Local law enforcement must comply with all requirements
	166	+	of this subchapter in conducting an investigation of a complaint
	167	+	alleging an offense against public administration as provided by
	168	+	this section.
	169	+	Sec. 41.357. VENUE. (a) Notwithstanding Chapter 13, Code
	170	+	of Criminal Procedure, or any other law, and except as provided by
	171	+	Subsection (c) or (d), if the defendant is a state officer, venue
	172	+	for a prosecution under this subchapter is the county in which the
	173	+	defendant resided at the time the offense was committed.
	174	+	(b) Notwithstanding any other law, if the defendant is a
	175	+	state employee who is not a state officer, venue for a prosecution
	176	+	under this subchapter is the county in which the conduct
	177	+	constituting the offense against public administration occurred.
	178	+	(c) If the defendant holds an office of the executive branch
	179	+	subject to a residency requirement under Article IV, Texas
	180	+	Constitution, venue for a prosecution under this subchapter is the
	181	+	county in which the defendant resided at the time the defendant was
	182	+	elected to the term of that office during which the offense was
	183	+	committed.
	184	+	(d) If a complaint alleging an offense against public
	185	+	administration under this subchapter alleges that an offense was
	186	+	committed by two or more defendants, venue for the prosecution of
	187	+	all defendants under this subchapter is any county in which the
	188	+	conduct constituting the offense against public administration
	189	+	occurred.
	190	+	Sec. 41.358. PROSECUTION OF CERTAIN OFFENSES BY ATTORNEY
	191	+	GENERAL. Nothing in this subchapter shall be construed as limiting
	192	+	the authority of the attorney general to prosecute offenses under
	193	+	Section 273.021, Election Code.
	194	+	SECTION 2. Sections 301.027(b) and (c), Government Code,
	195	+	are amended to read as follows:
	196	+	(b) If the president of the senate or speaker receives a
	197	+	report or statement of facts as provided by Subsection (a), the
	198	+	president of the senate or speaker shall certify the statement of
	199	+	facts to the appropriate prosecuting [Travis County district]
	200	+	attorney as provided under Section 41.353(c) under the seal of the
	201	+	senate or house of representatives, as appropriate.
	202	+	(c) The prosecuting [Travis County district] attorney to
	203	+	whom a statement of facts is certified under Subsection (a) or the
	204	+	prosecutor selected under Section 41.354(e), if applicable, shall
	205	+	bring the matter before the grand jury for action. If the grand
	206	+	jury returns an indictment, the prosecuting [district] attorney
	207	+	shall prosecute the indictment.
	208	+	SECTION 3. Section 411.022, Government Code, is amended by
	209	+	adding Subsection (c) to read as follows:
	210	+	(c) An officer of the Texas Rangers has the authority to
	211	+	investigate offenses against public administration prosecuted
	212	+	under Subchapter F, Chapter 41.
	213	+	SECTION 4. Subchapter F, Chapter 41, Government Code, as
	214	+	added by this Act, applies only to the prosecution of an offense
	215	+	against public administration committed on or after September 1,
	216	+	2015. For purposes of this section, an offense is committed before
	217	+	September 1, 2015, if any element of the offense occurs before that
	218	+	date.
	219	+	SECTION 5. The investigation of an offense against public
	220	+	administration that is classified as ongoing or pending on the
	221	+	effective date of this Act shall remain with the entity that is
	222	+	conducting the investigation, unless the entity consents to
	223	+	transfer the investigation to the Texas Rangers.
	224	+	SECTION 6. If any provision of this Act or its application
	225	+	to any person or circumstance is held invalid, the invalidity does
	226	+	not affect other provisions or applications of this Act that can be
	227	+	given effect without the invalid provision or application, and to
	228	+	this end the provisions of this Act are severable.
	229	+	SECTION 7. This Act takes effect September 1, 2015.