BILL ANALYSIS C.S.H.B. 3711 By: Capriglione Delivery of Government Efficiency Committee Report (Substituted) BACKGROUND AND PURPOSE The state open meetings law aims to ensure transparency and accountability in governmental proceedings by requiring that meetings of governmental bodies be open to the public, with some exceptions. Violations of that law may result in criminal charges against public officials. Current law outlines offenses against public administration with a primary focus on misconduct by state officers and employees but does not explicitly address violations of state open meetings law committed by local government officials, such as county or municipal officers and school district board members. The bill author has informed the committee that this gap may lead to inconsistent enforcement and prosecution of open meetings violations at the local level. C.S.H.B. 3711 seeks to resolve this issue and improve the enforcement of the state law by explicitly categorizing violations committed by local government officials as offenses against public administration and by enhancing transparency regarding the prosecution of those offenses. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 3711 amends the Government Code to include an offense under state open meetings law committed by a county or municipal officer or school district board of trustees member among those that are an offense against public administration for purposes of provisions relating to the public integrity unit. The bill requires a prosecuting attorney who receives a formal or informal complaint regarding an offense constituting an offense against public administration committed by such an officer or board of trustees member to request the assistance of the public integrity unit in the investigation of the offense. The bill requires the public integrity unit, with respect to such an offense committed by such an officer or board of trustees member and on request of the prosecuting attorney of the county in which venue is proper or the prosecuting attorney who receives a formal or informal complaint regarding the offense, to assist the attorney in the investigation of the offense or refer the investigation of the offense to another law enforcement agency with jurisdiction to investigate the offense. C.S.H.B. 3711 requires a prosecuting attorney who decides to not prosecute or to terminate the investigation of a case regarding an offense against public administration committed by a county or municipal officer or school district board of trustees member to publish on the attorney's website, if any, for a period of not less than one year notice of the attorney's decision to not prosecute the case and the attorney's reason for not prosecuting the case. C.S.H.B. 3711 applies only to the investigation or prosecution of an offense committed on or after the bill's effective date. The investigation or prosecution of an offense committed before that date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3711 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes the following provisions absent from the introduced: a requirement for a prosecuting attorney who receives a formal or informal complaint regarding an offense against public administration committed by a county or municipal officer or school district board of trustees member to request the assistance of the public integrity unit in the investigation of the offense; a requirement for the public integrity unit to either, on request, assist the attorney in the investigation of the offense or refer the investigation of the offense to another appropriate law enforcement agency; and a requirement for a prosecuting attorney who decides to not prosecute or to terminate the investigation of the case to publish on the attorney's website, if any, for a period of not less than one year notice of the attorney's decision to not prosecute the case and the attorney's reason for not prosecuting the case.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 3711
By: Capriglione
Delivery of Government Efficiency
Committee Report (Substituted)
C.S.H.B. 3711
By: Capriglione
Delivery of Government Efficiency
Committee Report (Substituted)
BACKGROUND AND PURPOSE The state open meetings law aims to ensure transparency and accountability in governmental proceedings by requiring that meetings of governmental bodies be open to the public, with some exceptions. Violations of that law may result in criminal charges against public officials. Current law outlines offenses against public administration with a primary focus on misconduct by state officers and employees but does not explicitly address violations of state open meetings law committed by local government officials, such as county or municipal officers and school district board members. The bill author has informed the committee that this gap may lead to inconsistent enforcement and prosecution of open meetings violations at the local level. C.S.H.B. 3711 seeks to resolve this issue and improve the enforcement of the state law by explicitly categorizing violations committed by local government officials as offenses against public administration and by enhancing transparency regarding the prosecution of those offenses.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 3711 amends the Government Code to include an offense under state open meetings law committed by a county or municipal officer or school district board of trustees member among those that are an offense against public administration for purposes of provisions relating to the public integrity unit. The bill requires a prosecuting attorney who receives a formal or informal complaint regarding an offense constituting an offense against public administration committed by such an officer or board of trustees member to request the assistance of the public integrity unit in the investigation of the offense. The bill requires the public integrity unit, with respect to such an offense committed by such an officer or board of trustees member and on request of the prosecuting attorney of the county in which venue is proper or the prosecuting attorney who receives a formal or informal complaint regarding the offense, to assist the attorney in the investigation of the offense or refer the investigation of the offense to another law enforcement agency with jurisdiction to investigate the offense. C.S.H.B. 3711 requires a prosecuting attorney who decides to not prosecute or to terminate the investigation of a case regarding an offense against public administration committed by a county or municipal officer or school district board of trustees member to publish on the attorney's website, if any, for a period of not less than one year notice of the attorney's decision to not prosecute the case and the attorney's reason for not prosecuting the case. C.S.H.B. 3711 applies only to the investigation or prosecution of an offense committed on or after the bill's effective date. The investigation or prosecution of an offense committed before that date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3711 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes the following provisions absent from the introduced: a requirement for a prosecuting attorney who receives a formal or informal complaint regarding an offense against public administration committed by a county or municipal officer or school district board of trustees member to request the assistance of the public integrity unit in the investigation of the offense; a requirement for the public integrity unit to either, on request, assist the attorney in the investigation of the offense or refer the investigation of the offense to another appropriate law enforcement agency; and a requirement for a prosecuting attorney who decides to not prosecute or to terminate the investigation of the case to publish on the attorney's website, if any, for a period of not less than one year notice of the attorney's decision to not prosecute the case and the attorney's reason for not prosecuting the case.
BACKGROUND AND PURPOSE
The state open meetings law aims to ensure transparency and accountability in governmental proceedings by requiring that meetings of governmental bodies be open to the public, with some exceptions. Violations of that law may result in criminal charges against public officials. Current law outlines offenses against public administration with a primary focus on misconduct by state officers and employees but does not explicitly address violations of state open meetings law committed by local government officials, such as county or municipal officers and school district board members. The bill author has informed the committee that this gap may lead to inconsistent enforcement and prosecution of open meetings violations at the local level. C.S.H.B. 3711 seeks to resolve this issue and improve the enforcement of the state law by explicitly categorizing violations committed by local government officials as offenses against public administration and by enhancing transparency regarding the prosecution of those offenses.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 3711 amends the Government Code to include an offense under state open meetings law committed by a county or municipal officer or school district board of trustees member among those that are an offense against public administration for purposes of provisions relating to the public integrity unit. The bill requires a prosecuting attorney who receives a formal or informal complaint regarding an offense constituting an offense against public administration committed by such an officer or board of trustees member to request the assistance of the public integrity unit in the investigation of the offense. The bill requires the public integrity unit, with respect to such an offense committed by such an officer or board of trustees member and on request of the prosecuting attorney of the county in which venue is proper or the prosecuting attorney who receives a formal or informal complaint regarding the offense, to assist the attorney in the investigation of the offense or refer the investigation of the offense to another law enforcement agency with jurisdiction to investigate the offense.
C.S.H.B. 3711 requires a prosecuting attorney who decides to not prosecute or to terminate the investigation of a case regarding an offense against public administration committed by a county or municipal officer or school district board of trustees member to publish on the attorney's website, if any, for a period of not less than one year notice of the attorney's decision to not prosecute the case and the attorney's reason for not prosecuting the case.
C.S.H.B. 3711 applies only to the investigation or prosecution of an offense committed on or after the bill's effective date. The investigation or prosecution of an offense committed before that date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3711 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute includes the following provisions absent from the introduced:
a requirement for a prosecuting attorney who receives a formal or informal complaint regarding an offense against public administration committed by a county or municipal officer or school district board of trustees member to request the assistance of the public integrity unit in the investigation of the offense;
a requirement for the public integrity unit to either, on request, assist the attorney in the investigation of the offense or refer the investigation of the offense to another appropriate law enforcement agency; and
a requirement for a prosecuting attorney who decides to not prosecute or to terminate the investigation of the case to publish on the attorney's website, if any, for a period of not less than one year notice of the attorney's decision to not prosecute the case and the attorney's reason for not prosecuting the case.