PODCAST: This legislative document, House Bill 1690, outlines the creation of a Public Integrity Unit within the Texas Rangers division of the Department of Public Safety. This unit is specifically tasked with investigating ethics offenses and other crimes against public administration committed by state officers and employees. The bill establishes procedures for initial investigations, referral to prosecuting attorneys, and provisions for recusal of prosecutors in such cases. Furthermore, it details how extraordinary costs of prosecution will be funded and amends existing government code sections to reflect the new investigative authority of the Texas Rangers and the expanded jurisdiction for prosecuting these offenses.
Some of the Guys with the Texas Rangers Division:
The Public Integrity Unit (PIU) is established to investigate “offenses against public administration”. An “offense” is defined as a prohibited act for which state law imposes a criminal or civil penalty.
The types of individuals and entities defined as targets for investigation concerning “offenses against public administration” include:
- State Officers
- State Employees
- Candidates for State Office
- State Agencies (as employers of state employees and officers)
Let’s break down these definitions:
- State Officer:
- An elected officer.
- An appointed officer.
- A salaried appointed officer.
- An appointed officer of a major state agency.
- The executive head of a state agency.
- Offenses committed by a state officer in connection with their powers and duties include:
- An offense under Title 8, Penal Code.
- An offense under Chapter 301, 302, 571, 572, or 2004.
- An offense under Chapter 573.
- An offense under Title 15, Election Code, committed in connection with a campaign for or the holding of state office, or an election on a proposed constitutional amendment.
- State Employee:
- An individual, other than a state officer, who is employed by:
- A state agency.
- The Supreme Court of Texas, the Court of Criminal Appeals of Texas, a court of appeals, or the Texas Judicial Council.
- 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.
- Offenses committed by a state employee in connection with their powers and duties of state employment include:
- An offense under Title 8, Penal Code.
- An offense under Chapter 301, 302, 571, 572, or 2004.
- An individual, other than a state officer, who is employed by:
- Candidate for State Office:
- Can be investigated for an offense under Chapter 301, 302, 571, 572, or 2004.
- Can also be investigated for an offense under Title 15, Election Code, committed in connection with a campaign for state office.
- State Agency:
- 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 Texas.
- This includes a university system or institution of higher education as defined by Section 61.003, Education Code.
- While not directly “targets” for committing offenses themselves (as they are not natural persons), they are entities where state officers and employees work, and they are required to cooperate with the Public Integrity Unit and prosecuting attorney by providing resources and information.
The Texas Rangers division of the Department of Public Safety is responsible for establishing and supporting the Public Integrity Unit. They have the authority to investigate offenses against public administration, any lesser included offenses, and any other offense arising from conduct that constitutes an offense against public administration.
Extraordinary costs of prosecution for an “offense against public administration” are paid from funds appropriated to the comptroller’s judiciary section. Specifically, these payments come from appropriations made specifically for enforcement of this section. The comptroller is mandated to pay “reasonable amounts incurred by a prosecuting attorney for extraordinary costs of prosecution” of such offenses.
An “offense against public administration” is defined as an offense described by Section 411.0252. A “prosecuting attorney” for the purpose of these payments includes a county attorney, district attorney, or criminal district attorney.
An “offense against public administration” is a specific type of prohibited act that carries a criminal or civil penalty under state law. For the purposes of the Public Integrity Unit, these offenses specifically involve actions taken by state officers, state employees, or candidates for state office, often in connection with their official duties or campaigns.
The types of prohibited acts categorized as offenses against public administration include:
- An offense under Title 8, Penal Code, when committed by a state officer or a state employee in connection with the powers and duties of their state office or state employment.
- An offense under Chapter 301, 302, 571, 572, or 2004:
- When committed by a state officer or a state employee in connection with the powers and duties of their state office or state employment.
- When committed by a candidate for state office.
- An offense under Chapter 573, when committed by a state officer in connection with the powers and duties of their state office.
- An offense under Title 15, Election Code, when committed in connection with:
- A campaign for or the holding of state office.
- An election on a proposed constitutional amendment.
It is important to note that “offense against public administration” is a specific definition used within the context of the Public Integrity Unit (PIU) established by the Texas Rangers division of the Department of Public Safety to investigate and prosecute such offenses. This definition guides the PIU’s investigative authority, which also extends to any lesser included offenses and any other offense arising from conduct that constitutes an “offense against public administration”.
