Bill Text: TX HB12 | 2015-2016 | 84th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the border prosecution unit.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB12 Detail]
Download: Texas-2015-HB12-Engrossed.html
Bill Title: Relating to the border prosecution unit.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB12 Detail]
Download: Texas-2015-HB12-Engrossed.html
84R17783 KJE-F | ||
By: Longoria, Thompson of Harris, Phillips, | H.B. No. 12 | |
Bonnen of Galveston, et al. |
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relating to the border prosecution unit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 41, Government Code, is amended by | ||
adding Subchapter F to read as follows: | ||
SUBCHAPTER F. BORDER PROSECUTION UNIT | ||
Sec. 41.351. DEFINITIONS. In this subchapter: | ||
(1) "Board of directors" means the board of directors | ||
of the unit. | ||
(2) "Border crime" and "border region" have the | ||
meanings assigned by Section 772.0071. | ||
(3) "Border prosecuting attorney" means a prosecuting | ||
attorney in a border region who represents the state in the | ||
prosecution of felony border crimes. | ||
(4) "Executive board" means the executive board | ||
governing the board of directors of the unit. | ||
(5) "Prosecuting attorney" means a district attorney, | ||
criminal district attorney, or county attorney with felony criminal | ||
jurisdiction. | ||
(6) "Unit" means the border prosecution unit. | ||
Sec. 41.352. GENERAL FUNCTION OF BORDER PROSECUTION UNIT. | ||
The border prosecution unit is an independent unit that cooperates | ||
with and supports border prosecuting attorneys in prosecuting | ||
border crime. | ||
Sec. 41.353. BOARD OF DIRECTORS. (a) The unit is governed | ||
by a board of directors composed of the following prosecuting | ||
attorneys: | ||
(1) the district attorney for the 34th Judicial | ||
District; | ||
(2) the district attorney for the 38th Judicial | ||
District; | ||
(3) the district attorney for the 49th Judicial | ||
District; | ||
(4) the district attorney for the 63rd Judicial | ||
District; | ||
(5) the district attorney for the 79th Judicial | ||
District; | ||
(6) the district attorney for the 81st Judicial | ||
District; | ||
(7) the district attorney for the 83rd Judicial | ||
District; | ||
(8) the district attorney for the 112th Judicial | ||
District; | ||
(9) the district attorney for the 143rd Judicial | ||
District; | ||
(10) the district attorney for the 156th Judicial | ||
District; | ||
(11) the district attorney for the 229th Judicial | ||
District; | ||
(12) the district attorney for the 293rd Judicial | ||
District; | ||
(13) the district attorney for the 452nd Judicial | ||
District; | ||
(14) the criminal district attorney for Hidalgo | ||
County; | ||
(15) the county attorney with felony criminal | ||
jurisdiction for Cameron County; | ||
(16) the district attorney for Kleberg and Kenedy | ||
Counties; | ||
(17) the county attorney with felony criminal | ||
jurisdiction for Willacy County; and | ||
(18) any other prosecuting attorney who represents the | ||
state in the prosecution of felonies for a judicial district that is | ||
created by the legislature in the border region. | ||
(b) A prosecuting attorney described by Subsection (a) | ||
shall serve on the board of directors in addition to the other | ||
duties of the prosecuting attorney assigned by law. | ||
(c) The board of directors shall meet annually for the | ||
purpose of electing the executive board and approving or amending | ||
bylaws governing the unit. | ||
(d) A majority of the members of the board of directors | ||
constitutes a quorum for the transaction of business. The board of | ||
directors must approve any action by a majority vote of the members | ||
present. | ||
(e) The board of directors shall divide the border region | ||
into three subregions and shall set the boundaries of the | ||
subregions as necessary. | ||
(f) Each member of the board of directors shall enter into a | ||
memorandum of understanding with the unit to collaborate and | ||
cooperate in the prosecution of border crime. | ||
Sec. 41.354. EXECUTIVE BOARD; DUTIES, AUTHORITY, AND | ||
GOVERNANCE. (a) The board of directors is governed by an executive | ||
board composed of seven members elected by the membership of the | ||
board of directors, as follows: | ||
(1) six members of the executive board shall be | ||
elected to represent the subregions established under Section | ||
41.353(e), with two members from each subregion elected by a | ||
majority vote of the members of the board of directors whose | ||
jurisdiction is located in that subregion; and | ||
(2) one member of the executive board shall be elected | ||
by a majority vote of all members of the board of directors. | ||
(b) The board of directors shall establish procedures for | ||
the election of the members of the executive board. | ||
(c) Members of the executive board shall serve terms of two | ||
years expiring January 1 of each odd-numbered year. | ||
(d) If a vacancy on the executive board occurs before the | ||
end of the vacating member's term, the executive board shall elect a | ||
person to serve the remainder of the term. To be eligible for | ||
election under this subsection, a person must meet any | ||
qualifications required of the vacating member for service on the | ||
executive board. | ||
(e) The executive board shall conduct the business of the | ||
unit. | ||
(f) A majority of the members of the executive board | ||
constitutes a quorum for the purpose of transacting business. The | ||
executive board must approve any action by a majority vote of the | ||
members present. | ||
Sec. 41.355. OFFICERS. (a) The members of the board of | ||
directors, on a majority vote, shall elect from among the | ||
membership of the executive board a presiding officer and an | ||
assistant presiding officer. The presiding officer serves as the | ||
presiding officer of the board of directors and the executive | ||
board, and the assistant presiding officer serves as the assistant | ||
presiding officer of the board of directors and the executive | ||
board. | ||
(b) The presiding officer and the assistant presiding | ||
officer serve terms of one year. | ||
(c) The assistant presiding officer serves as presiding | ||
officer of the board of directors and the executive board in the | ||
presiding officer's absence or if a vacancy occurs in that office | ||
until a new presiding officer is elected as provided by Subsection | ||
(d). | ||
(d) If a vacancy occurs in the office of presiding officer | ||
or assistant presiding officer before the end of the vacating | ||
officer's term, the executive board shall elect a person to serve | ||
the remainder of the term. | ||
Sec. 41.356. MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE | ||
BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of | ||
directors or the executive board may not be construed to be a civil | ||
office of emolument for any purpose, including those purposes | ||
described in Section 40, Article XVI, Texas Constitution. | ||
Sec. 41.357. REIMBURSEMENT FOR EXPENSES. A member of the | ||
board of directors or executive board is not entitled to | ||
compensation for service on the board of directors or executive | ||
board, if applicable, but is entitled to be reimbursed for | ||
necessary expenses incurred in carrying out the duties and | ||
responsibilities of a member of the board of directors or the | ||
executive board, if applicable, as provided by the General | ||
Appropriations Act. | ||
Sec. 41.358. UNIT ADMINISTRATOR; REGIONAL COUNSEL; | ||
ADDITIONAL EMPLOYEES. (a) The executive board may employ a person | ||
to serve as administrator of the unit and shall set the salary and | ||
benefits of the administrator. | ||
(b) The executive board shall employ one or more attorneys | ||
as regional counsel for each subregion and shall set the salary and | ||
benefits of each regional counsel. | ||
(c) The executive board may employ additional employees | ||
necessary for the discharge of the duties of the unit and shall | ||
determine the compensation of those employees. | ||
Sec. 41.359. DUTIES OF UNIT. (a) The unit, in | ||
collaboration with the Department of Public Safety, shall assist | ||
and support the members of the board of directors in the prosecution | ||
of border crime, including by providing border prosecuting | ||
attorneys, investigative and support staff, and other resources. | ||
(b) The unit shall solicit requests for proposals from each | ||
member of the board of directors to provide funding for the member | ||
to employ one or more border prosecuting attorneys, to employ | ||
investigative and support staff, and to provide other resources. | ||
The unit shall review each request and make recommendations to the | ||
criminal justice division of the governor's office regarding the | ||
distribution of grant money under the prosecution of border crime | ||
grant program established under Section 772.0071. A member of the | ||
board who employs a border prosecuting attorney or investigative or | ||
support staff shall set the salary and benefits of the attorney or | ||
staff member. | ||
(c) The unit may solicit requests for proposals from, and | ||
make recommendations under Subsection (b) regarding the | ||
distribution of grant money to, a prosecuting attorney who serves a | ||
county or counties that are not located in the border region if the | ||
Department of Public Safety determines that the county or counties | ||
served by the attorney are significantly affected by border crime. | ||
(d) The unit shall facilitate the coordination and | ||
collaboration of the members of the board of directors with the | ||
regional counsel employed by the unit and with other law | ||
enforcement agencies, including the Department of Public Safety, in | ||
the investigation and prosecution of border crime. | ||
(e) The unit shall develop a nonexclusive list of offenses | ||
not otherwise described by Section 772.0071(a)(1) that constitute | ||
border crime to provide guidance and enhance uniformity in the | ||
investigation and prosecution of border crime. | ||
(f) The unit shall serve as a clearinghouse for information | ||
related to the investigation and prosecution of border crime and | ||
shall develop best practices and guidelines, including best | ||
practices for the collection and protection of confidential law | ||
enforcement information regarding each subregion. | ||
(g) The unit shall assist in developing a training program | ||
and providing training to prosecuting attorneys and law enforcement | ||
agencies in the border region on specific issues and techniques | ||
relating to the investigation and prosecution of border crime. | ||
Sec. 41.360. DUTIES OF REGIONAL COUNSEL. (a) An attorney | ||
employed as regional counsel for the unit shall assist the members | ||
of the board of directors, border prosecuting attorneys, and other | ||
regional counsel, as needed, in: | ||
(1) the prosecution of border crime; | ||
(2) the screening of cases involving border crime; | ||
(3) the presenting of cases involving border crime to | ||
a grand jury; and | ||
(4) the preparation and trial of cases involving | ||
border crime. | ||
(b) The regional counsel shall serve as a liaison between | ||
the members of the board of directors and other criminal justice | ||
entities, including the Department of Public Safety and federal, | ||
state, and local prosecutors and law enforcement agencies located | ||
in the border region, by: | ||
(1) working closely with those entities, as needed, to | ||
coordinate and assist in the investigation and prosecution of | ||
border crime; and | ||
(2) attending multiagency task force hearings and | ||
meetings held by federal, state, and local prosecutors and law | ||
enforcement agencies on the investigation and prosecution of border | ||
crime. | ||
(c) The regional counsel shall provide legal and technical | ||
assistance to law enforcement agencies investigating border crime, | ||
including by: | ||
(1) providing legal advice and recommendations | ||
regarding Fourth Amendment search and seizure issues, relevant | ||
statutes, and case law; | ||
(2) drafting and reviewing affidavits requesting the | ||
issuance of search warrants, wiretap orders, pen register and trap | ||
and trace orders, mobile tracking device orders, and similar court | ||
orders; and | ||
(3) drafting requests for court orders authorizing: | ||
(A) the interception of oral, wire, and | ||
electronic communications; | ||
(B) the installation and use of a pen register or | ||
trap and trace device; | ||
(C) the disclosure of subscriber or customer | ||
records and information; and | ||
(D) other similar court orders that are required | ||
to be filed by a prosecutor. | ||
(d) The regional counsel shall coordinate training with the | ||
unit for members of the board of directors and law enforcement | ||
agencies, including by: | ||
(1) assisting in identifying training needs in the | ||
subregion in which the member's office or the agency is located; | ||
(2) assisting in the development of training curricula | ||
and guidelines for the investigation and prosecution of border | ||
crime; and | ||
(3) participating in and hosting training | ||
presentations and sessions in each subregion. | ||
(e) The regional counsel shall provide legal and technical | ||
assistance to border prosecuting attorneys, including by: | ||
(1) performing legal research relating to | ||
investigating and prosecuting border crime, if requested; and | ||
(2) coordinating with border prosecuting attorneys | ||
and law enforcement agencies to identify experts in the | ||
investigation and prosecution of complex, long-term cases against | ||
organized criminal enterprises. | ||
Sec. 41.361. GIFTS AND GRANTS. The unit may apply for and | ||
accept gifts, grants, and donations from any organization described | ||
in Section 501(c)(3) or (4) of the Internal Revenue Code of 1986 for | ||
the purposes of funding any activity of the unit under this | ||
subchapter. The unit may apply for and accept grants under federal | ||
and state programs. | ||
SECTION 2. Sections 772.0071(a)(1) and (2), Government | ||
Code, are amended to read as follows: | ||
(1) "Border crime" means any crime that occurs in the | ||
border region and that undermines public safety or security, | ||
including an offense: | ||
(A) during the prosecution of which an | ||
affirmative finding may be requested under Section 3g(a)(2), | ||
Article 42.12, Code of Criminal Procedure; | ||
(B) under Chapter 19, 20, 20A, 21, 22, 46, or 71, | ||
Penal Code; | ||
(C) under Title 7 or 8, Penal Code; | ||
(D) under Chapter 481, Health and Safety Code; | ||
(E) committed by a person who is not a citizen or | ||
national of the United States and is not lawfully present in the | ||
United States; or | ||
(F) that is coordinated with or related to | ||
activities or crimes that occur or are committed in the United | ||
Mexican States. | ||
(2) "Border region" means the portion of this state | ||
that is located in a county that: | ||
(A) is adjacent to[ |
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(B) is adjacent to a county described by | ||
Paragraph (A); or | ||
(C) is served by a prosecuting attorney whose | ||
jurisdiction includes a county described by Paragraph (A) or (B). | ||
SECTION 3. Section 772.0071(d), Government Code, is | ||
repealed. | ||
SECTION 4. This Act takes effect September 1, 2015. |