1 | 1 | | 84R8441 MK-D |
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2 | 2 | | By: Taylor of Collin S.B. No. 634 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the establishment of a task force on unethical and |
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8 | 8 | | unlawful misconduct by public officials. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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11 | 11 | | amended by adding Section 411.0208 to read as follows: |
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12 | 12 | | Sec. 411.0208. ANTICORRUPTION TASK FORCE. (a) A task force |
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13 | 13 | | is established under this section to examine the adequacy of state |
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14 | 14 | | laws, rules, and procedures governing unethical and unlawful |
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15 | 15 | | misconduct by public officials. |
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16 | 16 | | (b) The task force consists of three members, appointed as |
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17 | 17 | | follows: |
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18 | 18 | | (1) not later than February 1 of each odd-numbered |
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19 | 19 | | year, the governor, lieutenant governor, and speaker of the house |
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20 | 20 | | of representatives shall each nominate three individuals for each |
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21 | 21 | | vacancy on the task force to serve on the task force, subject to |
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22 | 22 | | confirmation by the senate; |
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23 | 23 | | (2) if the senate does not confirm the nomination of an |
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24 | 24 | | individual under Subdivision (1), the official who originally |
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25 | 25 | | nominated the individual may make an additional nomination, subject |
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26 | 26 | | to confirmation by the senate; and |
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27 | 27 | | (3) not later than April 1 of each odd-numbered year, |
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28 | 28 | | the supreme court shall select the number of individuals required |
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29 | 29 | | to fill the vacancies on the task force from the group of |
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30 | 30 | | individuals who have been confirmed by the senate and appoint those |
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31 | 31 | | individuals as members of the task force. |
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32 | 32 | | (c) Members of the task force shall serve staggered terms of |
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33 | 33 | | six years, with one member's term expiring February 1 of each |
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34 | 34 | | odd-numbered year. |
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35 | 35 | | (d) A vacancy on the task force must be filled not later than |
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36 | 36 | | the 60th day after the date the vacancy occurs, using the process |
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37 | 37 | | prescribed by Subsection (b), except that the nominations under |
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38 | 38 | | Subsection (b)(1) shall be confirmed by the senate committee with |
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39 | 39 | | jurisdiction over nominations. |
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40 | 40 | | (e) The task force shall meet at the times and places that |
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41 | 41 | | the members of the task force determine are appropriate. The task |
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42 | 42 | | force shall adopt rules necessary to fulfill the task force's |
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43 | 43 | | duties under this section. |
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44 | 44 | | (f) Task force members serve without compensation but are |
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45 | 45 | | entitled to reimbursement for reasonable and necessary expenses |
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46 | 46 | | incurred in the discharge of their duties. |
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47 | 47 | | (g) Chapter 2110 does not apply to the task force. |
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48 | 48 | | (h) The task force shall employ an executive director to |
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49 | 49 | | perform any administrative or personnel management duties of the |
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50 | 50 | | task force. |
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51 | 51 | | (i) The task force shall: |
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52 | 52 | | (1) examine the adequacy of existing criminal, |
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53 | 53 | | campaign finance, and election laws that govern misconduct by |
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54 | 54 | | public officials and determine whether the existing laws have been |
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55 | 55 | | effectively enforced; |
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56 | 56 | | (2) investigate the compliance of organizations and |
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57 | 57 | | other persons with existing lobbying laws; and |
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58 | 58 | | (3) review recent instances of reported misconduct by |
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59 | 59 | | public officials in order to guide the task force's recommendations |
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60 | 60 | | regarding statutory changes. |
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61 | 61 | | (j) If the task force discovers any evidence of a violation |
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62 | 62 | | of existing criminal, campaign finance, or election laws while |
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63 | 63 | | conducting its duties under Subsection (i), the task force shall |
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64 | 64 | | promptly disclose all relevant evidence to the appropriate law |
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65 | 65 | | enforcement agencies. |
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66 | 66 | | (k) The task force may investigate allegations of unethical |
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67 | 67 | | or unlawful misconduct by public officials and may subpoena and |
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68 | 68 | | examine witnesses and documents that directly relate to an |
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69 | 69 | | investigation conducted by the task force. The task force may hire |
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70 | 70 | | investigators as necessary to conduct its duties under this |
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71 | 71 | | section. |
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72 | 72 | | (l) Not later than December 1 of each even-numbered year, |
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73 | 73 | | the task force shall deliver a report to the legislature, the |
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74 | 74 | | governor, and the attorney general that includes: |
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75 | 75 | | (1) a description of the activities of the task force; |
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76 | 76 | | (2) the findings and recommendations of the task |
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77 | 77 | | force, including any proposed policy recommendations; and |
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78 | 78 | | (3) any proposals for legislation or other matters the |
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79 | 79 | | task force considers appropriate. |
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80 | 80 | | SECTION 2. Notwithstanding Section 411.0208(b), Government |
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81 | 81 | | Code, as added by this Act, the initial members of the task force |
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82 | 82 | | shall be appointed as follows: |
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83 | 83 | | (1) not later than the 45th day after the effective |
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84 | 84 | | date of this Act, the governor, lieutenant governor, and speaker of |
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85 | 85 | | the house of representatives shall each nominate five individuals |
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86 | 86 | | to serve on the task force; |
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87 | 87 | | (2) the senate committee with jurisdiction over |
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88 | 88 | | nominations shall confirm the nominations to the task force not |
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89 | 89 | | later than the 30th day after the committee receives the |
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90 | 90 | | nominations from the governor, lieutenant governor, and speaker of |
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91 | 91 | | the house of representatives; |
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92 | 92 | | (3) the supreme court shall appoint the three initial |
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93 | 93 | | members of the task force from the group of individuals who have |
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94 | 94 | | been confirmed by the senate committee with jurisdiction over |
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95 | 95 | | nominations not later than the 30th day after the supreme court |
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96 | 96 | | receives the list of individuals who have been confirmed by the |
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97 | 97 | | senate committee; and |
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98 | 98 | | (4) the individuals appointed as members of the task |
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99 | 99 | | force shall hire an executive director not later than the 60th day |
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100 | 100 | | after the individuals were appointed. |
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101 | 101 | | SECTION 3. In appointing the initial members to the task |
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102 | 102 | | force established under Section 411.0208, Government Code, as added |
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103 | 103 | | by this Act, the supreme court shall appoint one person to a term |
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104 | 104 | | expiring February 1, 2017, one person to a term expiring February 1, |
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105 | 105 | | 2019, and one person to a term expiring February 1, 2021. |
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106 | 106 | | SECTION 4. This Act takes effect immediately if it receives |
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107 | 107 | | a vote of two-thirds of all the members elected to each house, as |
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108 | 108 | | provided by Section 39, Article III, Texas Constitution. If this |
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109 | 109 | | Act does not receive the vote necessary for immediate effect, this |
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110 | 110 | | Act takes effect September 1, 2015. |
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