Bill Text: TX SB10 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the prosecution of offenses against public administration, including ethics offenses.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2015-05-27 - Point of order sustained [SB10 Detail]
Download: Texas-2015-SB10-Comm_Sub.html
84R30672 ATP-D | ||
By: Huffman, et al. | S.B. No. 10 | |
(King of Parker) | ||
Substitute the following for S.B. No. 10: No. |
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relating to the prosecution of offenses against public | ||
administration, including ethics offenses. | ||
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. PUBLIC INTEGRITY PROSECUTIONS | ||
Sec. 41.351. DEFINITIONS. In this subchapter: | ||
(1) "Offense" means a prohibited act for which state | ||
law imposes a criminal or civil penalty. | ||
(2) "Prosecute" means represent the state to impose a | ||
criminal or civil penalty. | ||
(3) "Public integrity prosecution" means the | ||
prosecution of an offense against public administration under | ||
Section 41.352. | ||
(4) "State agency" means a department, commission, | ||
board, office, council, authority, or other agency in the executive | ||
branch of state government that is created by the constitution or a | ||
statute of this state, including a university system or institution | ||
of higher education as defined by Section 61.003, Education Code. | ||
(5) "State employee" means an individual, other than a | ||
state officer, who is employed by: | ||
(A) a state agency; | ||
(B) the Supreme Court of Texas, the Court of | ||
Criminal Appeals of Texas, a court of appeals, or the Texas Judicial | ||
Council; or | ||
(C) either house of the legislature or a | ||
legislative agency, council, or committee, including the | ||
Legislative Budget Board, the Texas Legislative Council, the State | ||
Auditor's Office, and the Legislative Reference Library. | ||
(6) "State officer" means an elected officer, an | ||
appointed officer, a salaried appointed officer, an appointed | ||
officer of a major state agency, or the executive head of a state | ||
agency. | ||
Sec. 41.352. 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. | ||
Sec. 41.353. INVESTIGATION OF PUBLIC INTEGRITY OFFENSES. | ||
(a) Unless another state agency is designated as having primary | ||
responsibility for an investigation of a complaint alleging an | ||
offense against public administration, an investigation of a formal | ||
or informal complaint alleging an offense against public | ||
administration under this subchapter shall be conducted by an | ||
officer of the Texas Rangers. If a state agency other than the Texas | ||
Rangers has primary responsibility for an investigation of a | ||
complaint alleging an offense against public administration, the | ||
Texas Rangers shall provide assistance if assistance is requested | ||
by that state agency. | ||
(b) Nothing in this subchapter shall prevent the state | ||
auditor from conducting an investigation under Chapter 321, | ||
including an investigation of a formal or informal complaint | ||
alleging an offense against public administration. | ||
(c) If an investigation conducted by the Texas Rangers of a | ||
complaint alleging an offense against public administration | ||
demonstrates a reasonable suspicion that the offense alleged in the | ||
complaint occurred, the officer of the Texas Rangers conducting the | ||
investigation shall refer the complaint to the appropriate | ||
prosecutor of the county in which venue is proper under Section | ||
41.357. | ||
(d) Not later than the 90th day before the expiration of the | ||
statute of limitations for the prosecution of an offense against | ||
public administration alleged in a complaint referred by the Texas | ||
Rangers under Subsection (c), the prosecutor to whom the complaint | ||
was referred shall notify the Texas Rangers of the status of the | ||
case. The Texas Rangers shall immediately notify the legislature | ||
if a prosecutor does not provide the status notification to the | ||
Texas Rangers within the time provided in this subsection. | ||
Sec. 41.354. RECUSAL OF PROSECUTOR. (a) In this section, | ||
"judges" means the presiding judges of the administrative judicial | ||
regions. | ||
(b) A prosecutor to whom a complaint has been referred under | ||
Section 41.353(c) or the defendant may request that the court with | ||
jurisdiction over the complaint order the prosecutor to be recused | ||
from the case for good cause. If the court approves the request, the | ||
prosecutor shall be considered disqualified. | ||
(c) A prosecutor to whom a complaint has been referred under | ||
Section 41.353(c) and who has, either currently or in the past, a | ||
financial or other business relationship with the defendant must | ||
request that the court with jurisdiction over the complaint permit | ||
the prosecutor to be recused from the case for good cause. If the | ||
court approves the request, the prosecutor shall be considered | ||
disqualified. | ||
(d) A prosecutor to whom a complaint has been referred under | ||
Section 41.353(c) shall disclose to the court if the prosecutor, in | ||
either a personal or professional capacity, has ever made a | ||
campaign contribution to or received a campaign contribution from | ||
the person against whom the complaint was made or a political | ||
committee organized for the benefit of the person against whom the | ||
complaint was made. The court shall consider a disclosure made | ||
under this subsection in determining whether good cause exists for | ||
recusal. | ||
(e) Following the recusal of a prosecutor under Subsection | ||
(b) or (c), the judges shall select the prosecutor for prosecution | ||
of the complaint by a majority vote. The prosecutor for an offense | ||
against public administration must represent another county within | ||
the same administrative judicial region as the county in which | ||
venue is proper under Section 41.357. A prosecutor may be selected | ||
under this section only with the prosecutor's consent to the | ||
appointment. | ||
(f) In selecting a prosecutor under this section, the judges | ||
shall consider the proximity of the county or district represented | ||
by the prosecutor to the county in which venue is proper under | ||
Section 41.357. | ||
(g) The prosecutor selected to prosecute the public | ||
integrity offense under this section may pursue a waiver to extend | ||
the statute of limitations by no more than two years. If the waiver | ||
adds less than two years to limitations, the prosecutor may pursue a | ||
successive waiver for good cause shown to the court, providing that | ||
the total time of all waivers does not exceed two years. | ||
Sec. 41.355. COOPERATION OF STATE AGENCIES AND LOCAL LAW | ||
ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state | ||
agency or local law enforcement agency shall cooperate with the | ||
prosecutor of a public integrity prosecution by providing | ||
information requested by the prosecutor as necessary to carry out | ||
the purposes of this subchapter. | ||
(b) Information disclosed under this section is | ||
confidential and not subject to disclosure under Chapter 552. | ||
Sec. 41.356. CONFLICT OF INTEREST. (a) The Texas Rangers | ||
may refer the investigation of a complaint alleging an offense | ||
against public administration involving a person who is a member of | ||
the executive branch to the local law enforcement agency that would | ||
otherwise have authority to investigate the complaint, if a | ||
conflict of interest arises from the conduct of an investigation by | ||
the officers of the Texas Rangers. | ||
(b) If, in the course of conducting an investigation of a | ||
complaint, the Texas Rangers determine that an individual who is | ||
assigned to the security detail of a state official is a fact | ||
witness or has knowledge of the facts underlying the complaint, the | ||
Texas Rangers shall refer the investigation of the complaint to | ||
another law enforcement agency. The public safety director shall | ||
notify the chair of the Public Safety Commission of the referral of | ||
a complaint to another law enforcement agency within 24 hours after | ||
the referral is made. | ||
(c) If a formal or informal complaint alleges that the | ||
public safety director or a deputy or assistant director of the | ||
Department of Public Safety has committed an offense against public | ||
administration, the Texas Rangers shall refer the investigation of | ||
the complaint to another law enforcement agency. The public safety | ||
director shall notify the chair of the Public Safety Commission of | ||
the referral of a complaint to another law enforcement agency | ||
within 24 hours after the referral is made. | ||
(d) Local law enforcement must comply with all requirements | ||
of this subchapter in conducting an investigation of a complaint | ||
alleging an offense against public administration as provided by | ||
this section. | ||
Sec. 41.357. VENUE. (a) Notwithstanding Chapter 13, Code | ||
of Criminal Procedure, or any other law, and except as provided by | ||
Subsection (c) or (d), if the defendant is a state officer, venue | ||
for a prosecution under this subchapter is the county in which the | ||
defendant resided at the time the offense was committed. | ||
(b) Notwithstanding any other law, if the defendant is a | ||
state employee who is not a state officer, venue for a prosecution | ||
under this subchapter is the county in which the conduct | ||
constituting the offense against public administration occurred. | ||
(c) If the defendant holds an office of the executive branch | ||
subject to a residency requirement under Article IV, Texas | ||
Constitution, venue for a prosecution under this subchapter is the | ||
county in which the defendant resided at the time the defendant was | ||
elected to the term of that office during which the offense was | ||
committed. | ||
(d) If a complaint alleging an offense against public | ||
administration under this subchapter alleges that an offense was | ||
committed by two or more defendants, venue for the prosecution of | ||
all defendants under this subchapter is any county in which the | ||
conduct constituting the offense against public administration | ||
occurred. | ||
Sec. 41.358. PROSECUTION OF CERTAIN OFFENSES BY ATTORNEY | ||
GENERAL. Nothing in this subchapter shall be construed as limiting | ||
the authority of the attorney general to prosecute offenses under | ||
Section 273.021, Election Code. | ||
SECTION 2. Sections 301.027(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) If the president of the senate or speaker receives a | ||
report or statement of facts as provided by Subsection (a), the | ||
president of the senate or speaker shall certify the statement of | ||
facts to the appropriate prosecuting [ |
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attorney as provided under Section 41.353(c) under the seal of the | ||
senate or house of representatives, as appropriate. | ||
(c) The prosecuting [ |
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whom a statement of facts is certified under Subsection (a) or the | ||
prosecutor selected under Section 41.354(e), if applicable, shall | ||
bring the matter before the grand jury for action. If the grand | ||
jury returns an indictment, the prosecuting [ |
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shall prosecute the indictment. | ||
SECTION 3. Section 411.022, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) An officer of the Texas Rangers has the authority to | ||
investigate offenses against public administration prosecuted | ||
under Subchapter F, Chapter 41. | ||
SECTION 4. Subchapter F, Chapter 41, Government Code, as | ||
added by this Act, applies only to the prosecution of an offense | ||
against public administration committed on or after September 1, | ||
2015. For purposes of this section, an offense is committed before | ||
September 1, 2015, if any element of the offense occurs before that | ||
date. | ||
SECTION 5. The investigation of an offense against public | ||
administration that is classified as ongoing or pending on the | ||
effective date of this Act shall remain with the entity that is | ||
conducting the investigation, unless the entity consents to | ||
transfer the investigation to the Texas Rangers. | ||
SECTION 6. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are severable. | ||
SECTION 7. This Act takes effect September 1, 2015. |