84R10393 ATP-D
	By: Murr	H.B. No. 2222

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of a public integrity unit to prosecute
	offenses against public administration, including ethics offenses,
	offenses involving insurance fraud, and offenses involving motor
	fuels tax.
	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.  TEXAS PUBLIC INTEGRITY UNIT
	Sec. 41.351.  DEFINITIONS. In this subchapter:
	(1)  "Committee" means the public integrity unit
	committee.
	(2)  "Offense" means a prohibited act for which state
	law imposes a criminal or civil penalty.
	(3)  "Prosecute" means represent the state to impose a
	criminal or civil penalty.
	(4)  "Prosecuting attorney" means a district attorney,
	criminal district attorney, or county attorney.
	(5)  "Unit" means the Texas Public Integrity Unit.
	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, 305, 571, 572,
	or 2004;
	(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.  OFFENSES INVOLVING INSURANCE FRAUD. For
	purposes of this subchapter, the following are offenses involving
	insurance fraud:
	(1)  an offense under Chapter 35, Penal Code, including
	an offense under that chapter that involves workers' compensation
	insurance under Title 5, Labor Code; or
	(2)  a fraudulent insurance act as defined by Section
	701.001, Insurance Code, including an act that involves workers'
	compensation insurance under Title 5, Labor Code.
	Sec. 41.354.  OFFENSES INVOLVING MOTOR FUELS TAX. For
	purposes of this subchapter, an offense involving motor fuels tax
	means a felony offense under Section 162.403, Tax Code.
	Sec. 41.355.  AUTHORITY OF TEXAS PUBLIC INTEGRITY UNIT. (a)
	The unit may prosecute a person in any district or county court of
	appropriate jurisdiction for an offense against public
	administration, an offense involving insurance fraud, or an offense
	involving motor fuels tax.
	(b)  The unit must assert the right to prosecute under this
	section to the prosecuting attorney serving the county in which the
	offense could be prosecuted. If the unit asserts the right under
	this section:
	(1)  the unit has all the powers associated with the
	prosecution of the offense, including the power to represent the
	state before a grand jury; and
	(2)  the prosecuting attorney serving a county in which
	the offense could be prosecuted may not prosecute the same person
	for the same act, but on request of the unit shall assist in the
	prosecution.
	(c)  The unit may represent the state in the appeal of a
	decision of the Texas Ethics Commission under Section 571.133.
	Sec. 41.356.  PUBLIC INTEGRITY UNIT COMMITTEE. (a) The unit
	is under the supervision of the public integrity unit committee.
	(b)  The committee consists of the presiding judges of each
	administrative judicial region, who shall have the authority to
	organize, elect officers, and make such rules as may be necessary
	for the proper administration of the unit.
	(c)  The committee shall hold regular quarterly meetings on
	dates set by the committee and special meetings at the call of the
	presiding officer of the committee.
	Sec. 41.357.  UNIT DIRECTOR; FISCAL OFFICER. (a) After
	complying with the requirements of Subsection (e), the committee
	shall appoint a unit director who must meet, at a minimum, the
	eligibility requirements for prosecutors established under Section
	41.358.
	(b)  The unit director shall perform or delegate the
	responsibility for performing the following duties:
	(1)  preparing annually or biennially a budget for the
	unit;
	(2)  negotiating and entering into contracts on behalf
	of the unit;
	(3)  establishing policies and procedures for all
	functions of the unit;
	(4)  developing personnel policies and procedures,
	including disciplinary proceedings; and
	(5)  establishing procedures and practices through
	which the unit will address an employment-related grievance.
	(c)  The unit director shall employ a sufficient number of
	prosecutors and other employees to conduct investigations and
	prosecutions. A person employed under this subsection is an
	employee of the unit and not of the committee, the judges on the
	committee, or any judicial district.
	(d)  The director of the unit, on the approval of the
	committee, may appoint for the unit a fiscal officer. The fiscal
	officer is responsible for:
	(1)  managing and protecting funds, fees, state aid,
	and receipts to the same extent that a county auditor manages county
	funds and funds of other local entities;
	(2)  ensuring that financial transactions of the unit
	are lawful and allowable; and
	(3)  prescribing accounting procedures for the unit.
	(e)  When there is a vacancy in the position of unit
	director, the committee shall:
	(1)  publicly advertise the position;
	(2)  post a job description, the qualifications for the
	position, and the application requirements;
	(3)  conduct a competitive hiring process and adhere to
	state and federal equal employment opportunity laws; and
	(4)  review applicants who meet the posted
	qualifications and comply with the application requirements.
	Sec. 41.358.  STANDARDS FOR PROSECUTORS. (a) A prosecutor
	appointed by the unit director must comply with a code of ethics
	developed by the committee.
	(b)  To be eligible for appointment as a prosecutor, a person
	must be a resident of this state and be licensed to practice law in
	this state.
	(c)  A prosecutor employed by the unit may not engage in the
	private practice of law.
	Sec. 41.359.  AUTHORIZATION TO CARRY WEAPON. A prosecutor
	employed by the unit director is authorized to carry a weapon while
	engaged in the actual discharge of the prosecutor's duties only if:
	(1)  the prosecutor possesses a license to carry a
	concealed handgun issued under Subchapter H, Chapter 411; and
	(2)  the unit director agrees to the authorization.
	Sec. 41.360.  IMMUNITY FROM LIABILITY. (a) A member of the
	committee, the unit director, or a prosecutor employed by the
	director is not liable for damages arising from an act or omission
	committed while performing the person's duties.
	(b)  This section does not apply if the act or omission is:
	(1)  reckless or intentional;
	(2)  done wilfully, wantonly, or with gross negligence;
	or
	(3)  done with conscious indifference or reckless
	disregard for the safety of others.
	Sec. 41.361.  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
	unit by providing information requested by the unit 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. 41.362.  VENUE. Notwithstanding other law, venue for
	prosecution of an offense involving insurance fraud or an offense
	involving motor fuels tax is in the county in which the offense is
	committed.
	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 Texas Public Integrity Unit established under
	Subchapter F, Chapter 41, [Travis County district attorney] under
	the seal of the senate or house of representatives, as appropriate.
	(c)  The Texas Public Integrity Unit [Travis County district
	attorney] shall bring the matter before the grand jury for action.
	If the grand jury returns an indictment, the public integrity unit
	[district attorney] shall prosecute the indictment.
	SECTION 3.  Section 571.133(a), Government Code, is amended
	to read as follows:
	(a)  To appeal a final decision of the commission, the
	respondent or the respondent's agent may file a petition in a
	district court in [Travis County or in] the county in which the
	respondent resides.
	SECTION 4.  Article 20.03, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 20.03.  ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR.
	"The attorney representing the State" means the Attorney General,
	district attorney, criminal district attorney, [or] county
	attorney, or prosecutor employed by the director of the Texas
	Public Integrity Unit established under Subchapter F, Chapter 41,
	Government Code. The attorney representing the State, is entitled
	to go before the grand jury and inform them of offenses liable to
	indictment at any time except when they are discussing the
	propriety of finding an indictment or voting upon the same.
	SECTION 5.  (a)  Not later than March 1, 2016, the public
	integrity unit committee shall appoint the director of the Texas
	Public Integrity Unit under Subchapter F, Chapter 41, Government
	Code, as added by this Act.
	(b)  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 April 1, 2016.  For
	purposes of this section, an offense is committed before April 1,
	2016, if any element of the offense occurs before that date.
	(c)  The prosecution of an offense committed before April 1,
	2016, is covered by the law in effect when the offense was
	committed, and the former law is continued in effect for that
	purpose, except that a county attorney, district attorney, or
	criminal district attorney may, on the request of the Texas Public
	Integrity Unit established under Subchapter F, Chapter 41,
	Government Code, as added by this Act, permit the Texas Public
	Integrity Unit to assume the prosecution of such an offense.
	SECTION 6.  This Act takes effect January 1, 2016.