By: Huffman S.B. No. 10
(In the Senate - Filed March 4, 2015; March 4, 2015, read
first time and referred to Committee on State Affairs;
March 18, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; March 18, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 10 By: Huffman
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, selected within the
department, to assist with each investigation conducted by the
attorney general and verify the resulting findings.
(b) The prosecuting attorney described by Section
402.106(c) or 402.107(b) serves as part of the public integrity
unit from the date a matter is referred to the attorney under
Section 402.106(c) or the attorney is appointed under Section
402.107(b) until:
(1) the date on which the investigation for an offense
under this subchapter officially ceases; or
(2) the date on which any prosecution of an offense
under this subchapter is fully adjudicated.
Sec. 402.106. INVESTIGATION AND PROSECUTION ASSISTANCE BY
PUBLIC INTEGRITY UNIT. (a) On receiving a formal or informal
complaint regarding an offense described by this subsection or on
request of a prosecuting attorney, the public integrity unit may
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) The commissioned officer of the Texas Rangers division
of the Department of Public Safety serving on the public integrity
unit shall provide assistance for an initial investigation under
Subsection (a) and verify the findings made by the unit.
(c) If an initial investigation by the public integrity unit
demonstrates a reasonable suspicion that an offense described by
Subsection (a) occurred, the matter shall be referred to the
prosecuting attorney of the county in which venue is proper under
Section 402.109 or Chapter 13, Code of Criminal Procedure, as
applicable.
(d) The public integrity unit shall, on request of the
prosecuting attorney described by Subsection (c), assist the
attorney in the investigation and prosecution of an offense under
this subchapter.
(e) If the public integrity unit is assisting in a
prosecution as provided by Subsection (d):
(1) the public integrity unit may exercise the powers
as necessary to accomplish the assistance; and
(2) the prosecuting attorney described by Subsection
(c) retains the authority to represent the state in the district and
inferior courts in the prosecution of the offense.
Sec. 402.107. RECUSAL OF PROSECUTING ATTORNEY; SELECTION OF
PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL
REGION. (a) A prosecuting attorney may request that the court
permit the attorney to recuse himself or herself in a case for good
cause, and on approval by the court, the attorney is disqualified.
(b) On recusal of a prosecuting attorney under Subsection
(a), the presiding judge of the administrative judicial region
containing the county served by that attorney shall appoint a
prosecuting attorney from another county in that administrative
judicial region.
Sec. 402.108. NOTIFICATION REGARDING DISPOSITION OF CASE.
The prosecuting attorney shall notify the public integrity unit of:
(1) the termination of a case investigated by the
public integrity unit for insufficient evidence; or
(2) the results of the final adjudication of a case
investigated by the public integrity unit.
Sec. 402.109. 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 Section
402.106(a)(1) is the county in which the defendant resides.
Sec. 402.110. 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 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 branch of this 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 section applies.
Sec. 402.111. 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 subsection, an offense is committed if
any element of the offense occurs before the date described by this
subsection.
(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.
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