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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a public integrity unit in the office of |
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the attorney general to prosecute offenses against public |
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administration, including ethics offenses, and offenses involving |
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insurance fraud or the imposition of the motor fuels tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 402, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PUBLIC INTEGRITY UNIT |
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Sec. 402.101. DEFINITIONS. In this subchapter: |
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(1) "Offense" means a prohibited act for which state |
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law imposes a criminal or civil penalty. |
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(2) "Prosecute" means represent the state to impose a |
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criminal or civil penalty. |
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(3) "Prosecuting attorney" means a district attorney, |
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criminal district attorney, or county attorney. |
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Sec. 402.102. OFFENSES AGAINST PUBLIC ADMINISTRATION. For |
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purposes of this subchapter, the following are offenses against |
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public administration: |
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(1) an offense under Title 8, Penal Code, committed by |
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a state officer or a state employee in connection with the powers |
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and duties of the state office or state employment; |
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(2) an offense under Chapter 301, 302, 305, 571, 572, |
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or 2004; |
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(3) an offense under Chapter 573 committed by a state |
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officer in connection with the powers and duties of the state |
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office; and |
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(4) an offense under Title 15, Election Code, |
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committed in connection with a campaign for or the holding of state |
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office. |
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Sec. 402.103. OFFENSES INVOLVING INSURANCE FRAUD. For |
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purposes of this subchapter, the following are offenses involving |
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insurance fraud: |
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(1) an offense under Chapter 35, Penal Code, including |
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an offense under that chapter that involves workers' compensation |
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insurance under Title 5, Labor Code; or |
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(2) a fraudulent insurance act as defined by Section |
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701.001, Insurance Code, including an act that involves workers' |
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compensation insurance under Title 5, Labor Code. |
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Sec. 402.104. OFFENSES INVOLVING MOTOR FUELS TAX. For |
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purposes of this subchapter, an offense involving the motor fuels |
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tax means an offense involving compliance with the requirements |
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relating to the imposition of the motor fuels tax imposed under |
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Chapter 162, Tax Code, including an offense described by Section |
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162.403, Tax Code. |
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Sec. 402.105. PUBLIC INTEGRITY UNIT. The public integrity |
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unit is in the office of the attorney general. |
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Sec. 402.106. PROSECUTION BY PUBLIC INTEGRITY UNIT. (a) In |
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any district or county court of appropriate jurisdiction and venue, |
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the public integrity unit may prosecute a person for: |
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(1) an offense against public administration; |
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(2) an offense involving insurance fraud; or |
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(3) an offense involving the motor fuels tax. |
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(b) The public integrity unit must assert the right to |
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prosecute under this section in writing to the appropriate |
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prosecuting attorney. If the unit asserts the right to prosecute |
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under this section: |
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(1) the unit has all the powers of the prosecuting |
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attorney, including the power to represent the state before a grand |
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jury; and |
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(2) the prosecuting attorney may not prosecute the |
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same person for the same act, but on request of the unit shall |
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assist in the prosecution. |
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Sec. 402.107. COOPERATION OF STATE AGENCIES AND LOCAL LAW |
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ENFORCEMENT AGENCIES. (a) To the extent allowed by law, a state |
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agency or local law enforcement agency shall cooperate with the |
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public integrity unit by providing information requested by the |
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unit as necessary to carry out the purposes of this subchapter. |
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(b) Information disclosed under this section is |
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confidential and not subject to disclosure under Chapter 552. |
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Sec. 402.108. VENUE. Notwithstanding Chapter 13, Code of |
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Criminal Procedure, or other law, if the defendant is a natural |
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person, venue for a prosecution by the public integrity unit is in |
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the county in which the defendant resides. |
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SECTION 2. Sections 301.027(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) If the president of the senate or speaker receives a |
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report or statement of facts as provided by Subsection (a), the |
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president of the senate or speaker shall certify the statement of |
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facts to the public integrity unit of the office of the attorney |
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general [Travis County district attorney] under the seal of the |
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senate or house of representatives, as appropriate. |
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(c) The public integrity unit [Travis County district
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attorney] shall bring the matter before the grand jury for action. |
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If the grand jury returns an indictment, the public integrity unit |
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[district attorney] shall prosecute the indictment. |
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SECTION 3. Section 402.009, Government Code, is amended to |
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read as follows: |
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Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE |
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OFFICERS. The attorney general may employ and commission peace |
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officers as investigators for: |
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(1) the limited purpose of assisting the attorney |
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general in carrying out the duties of that office relating to |
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prosecution assistance and crime prevention; or |
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(2) the purpose of investigating offenses against |
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public administration, offenses involving insurance fraud, and |
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offenses involving the imposition of the motor fuels tax that may be |
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prosecuted under Subchapter D. |
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SECTION 4. Section 35.04, Penal Code, is amended to read as |
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follows: |
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Sec. 35.04. JURISDICTION OF ATTORNEY GENERAL. (a) As |
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provided by Section 402.106, Government Code, the public integrity |
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unit of the office of the attorney general may prosecute an offense |
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under Section 35.02. |
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(b) If the public integrity unit does not assert its right |
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as provided by Section 402.106, Government Code, to prosecute an |
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offense under Section 35.02, the [The] attorney general may: |
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(1) offer to an attorney representing the state in the |
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prosecution of the [an] offense [under Section 35.02] the |
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investigative, technical, and litigation assistance of the |
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attorney general's office; or |
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(2) [.
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[(b) The attorney general may prosecute or] assist in the |
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prosecution of the [an] offense [under Section 35.02] on the |
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request of the attorney representing the state [described by
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Subsection (a)]. |
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SECTION 5. (a) Not later than March 1, 2016, the attorney |
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general shall establish the public integrity unit under Subchapter |
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D, Chapter 402, Government Code, as added by this Act. |
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(b) Subchapter D, Chapter 402, Government Code, as added by |
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this Act, applies only to the prosecution of an offense against |
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public administration, an offense involving insurance fraud, or an |
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offense involving the imposition of the motor fuels tax committed |
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on or after April 1, 2016. For purposes of this section, an offense |
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is committed before April 1, 2016, if any element of the offense |
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occurs before that date. |
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(c) The prosecution of an offense committed before April 1, |
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2016, is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose, except that a county attorney, district attorney, or |
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criminal district attorney may, on the request of the attorney |
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general, permit the public integrity unit established under |
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Subchapter D, Chapter 402, Government Code, as added by this Act, to |
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assume the prosecution of such an offense. |
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SECTION 6. This Act takes effect January 1, 2016, but only |
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if the constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, to permit the attorney general to prosecute |
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offenses against public administration, including ethics offenses, |
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and offenses involving insurance fraud or the imposition of the |
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motor fuels tax, takes effect. If that amendment is not approved by |
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the voters, this Act has no effect. |