Texas 2025 - 89th Regular

Texas House Bill HB3711 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R21980~~ CJD-D
	1	+	89R15171 CJD-D
2	2		By: Capriglione H.B. No. 3711
3		-	Substitute the following for H.B. No. 3711:
4		-	By: Capriglione C.S.H.B. No. 3711
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the investigation and prosecution of certain open
12		-	meetings offenses as offenses against public administration and the
13		-	publication of certain information regarding the prosecution of
14		-	those offenses.
	10	+	meetings offenses as offenses against public administration.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Section 411.0252, Government Code, is amended to
17	13		read as follows:
18	14		Sec. 411.0252. OFFENSES AGAINST PUBLIC ADMINISTRATION. For
19	15		purposes of this subchapter, the following are offenses against
20	16		public administration:
21	17		(1) an offense under Title 8, Penal Code, committed by
22	18		a state officer or a state employee in connection with the powers
23	19		and duties of the state office or state employment;
24	20		(2) an offense under Chapter 301, 302, 571, 572, or
25	21		2004 committed by a state officer or a state employee in connection
26	22		with the powers and duties of the state office or state employment
27	23		or by a candidate for state office;
28	24		(3) an offense under Chapter 573 committed by a state
29	25		officer in connection with the powers and duties of the state
30	26		office; [and]
31	27		(4) an offense under Title 15, Election Code,
32	28		committed in connection with:
33	29		(A) a campaign for or the holding of state
34	30		office; or
35	31		(B) an election on a proposed constitutional
36	32		amendment; and
37	33		(5) an offense under Chapter 551 committed by a county
38	34		or municipal officer or school district board of trustees member.
39		-	SECTION 2. Section 411.0253, Government Code, is amended by
40		-	adding Subsection (d-1) and amending Subsection (e) to read as
41		-	follows:
42		-	(d-1) A prosecuting attorney who receives a formal or
43		-	informal complaint regarding an offense against public
44		-	administration described by Section 411.0252(5) shall request the
45		-	assistance of the public integrity unit in the investigation of the
46		-	offense.
47		-	(e) The public integrity unit shall:
48		-	(1) [,] on request of the prosecuting attorney
49		-	described by Subsection (d) and for an offense against public
50		-	administration other than an offense described by Section
51		-	411.0252(5), assist the attorney in the investigation of the [an]
52		-	offense; or
53		-	(2) on request of the prosecuting attorney described
54		-	by Subsection (d) or (d-1) and for an offense against public
55		-	administration described by Section 411.0252(5):
56		-	(A) assist the attorney in the investigation of
57		-	the offense; or
58		-	(B) refer the investigation of the offense to
59		-	another law enforcement agency with jurisdiction to investigate the
60		-	offense [against public administration].
61		-	SECTION 3. Section 411.0254, Government Code, is amended to
62		-	read as follows:
63		-	Sec. 411.0254. NOTIFICATION REGARDING DISPOSITION OF
64		-	CASE. (a) The prosecuting attorney shall notify the public
65		-	integrity unit of:
66		-	(1) the termination of a case investigated by the
67		-	public integrity unit; or
68		-	(2) the results of the final disposition of a case
69		-	investigated by the public integrity unit, including the final
70		-	adjudication or entry of a plea.
71		-	(b) If the prosecuting attorney decides to not prosecute or
72		-	to terminate the investigation of a case regarding an offense
73		-	against public administration described by Section 411.0252(5),
74		-	the attorney shall publish on the attorney's Internet website, if
75		-	any, for a period of not less than one year:
76		-	(1) notice of the attorney's decision to not prosecute
77		-	the case; and
78		-	(2) the attorney's reason for not prosecuting the
79		-	case.
80		-	SECTION 4. The changes in law made by this Act apply only to
81		-	the investigation or prosecution of an offense committed on or
82		-	after the effective date of this Act. The investigation or
83		-	prosecution of an offense committed before the effective date of
84		-	this Act is governed by the law in effect on the date the offense was
85		-	committed, and the former law is continued in effect for that
86		-	purpose. For purposes of this section, an offense was committed
87		-	before the effective date of this Act if any element of the offense
88		-	occurred before that date.
89		-	SECTION 5. This Act takes effect September 1, 2025.
	35	+	SECTION 2. The change in law made by this Act applies only
	36	+	to an offense committed on or after the effective date of this Act.
	37	+	An offense committed before the effective date of this Act is
	38	+	governed by the law in effect on the date the offense was committed,
	39	+	and the former law is continued in effect for that purpose. For
	40	+	purposes of this section, an offense was committed before the
	41	+	effective date of this Act if any element of the offense occurred
	42	+	before that date.
	43	+	SECTION 3. This Act takes effect September 1, 2025.