89R21980 CJD-D
By: Capriglione H.B. No. 3711
Substitute the following for H.B. No. 3711:
By: Capriglione C.S.H.B. No. 3711
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and prosecution of certain open
meetings offenses as offenses against public administration and the
publication of certain information regarding the prosecution of
those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0252, Government Code, is amended to
read as follows:
Sec. 411.0252. 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, 571, 572, or
2004 committed by a state officer or a state employee in connection
with the powers and duties of the state office or state employment
or by a candidate for state office;
(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; and
(5) an offense under Chapter 551 committed by a county
or municipal officer or school district board of trustees member.
SECTION 2. Section 411.0253, Government Code, is amended by
adding Subsection (d-1) and amending Subsection (e) to read as
follows:
(d-1) A prosecuting attorney who receives a formal or
informal complaint regarding an offense against public
administration described by Section 411.0252(5) shall request the
assistance of the public integrity unit in the investigation of the
offense.
(e) The public integrity unit shall:
(1) [,] on request of the prosecuting attorney
described by Subsection (d) and for an offense against public
administration other than an offense described by Section
411.0252(5), assist the attorney in the investigation of the [an]
offense; or
(2) on request of the prosecuting attorney described
by Subsection (d) or (d-1) and for an offense against public
administration described by Section 411.0252(5):
(A) assist the attorney in the investigation of
the offense; or
(B) refer the investigation of the offense to
another law enforcement agency with jurisdiction to investigate the
offense [against public administration].
SECTION 3. Section 411.0254, Government Code, is amended to
read as follows:
Sec. 411.0254. NOTIFICATION REGARDING DISPOSITION OF
CASE. (a) The prosecuting attorney shall notify the public
integrity unit of:
(1) the termination of a case investigated by the
public integrity unit; or
(2) the results of the final disposition of a case
investigated by the public integrity unit, including the final
adjudication or entry of a plea.
(b) If the prosecuting attorney decides to not prosecute or
to terminate the investigation of a case regarding an offense
against public administration described by Section 411.0252(5),
the attorney shall publish on the attorney's Internet website, if
any, for a period of not less than one year:
(1) notice of the attorney's decision to not prosecute
the case; and
(2) the attorney's reason for not prosecuting the
case.
SECTION 4. The changes in law made by this Act apply only to
the investigation or prosecution of an offense committed on or
after the effective date of this Act. The investigation or
prosecution of an offense committed before the effective date of
this Act 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 purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 5. This Act takes effect September 1, 2025.