Time for an update:
SB10, Relating to the investigation and prosecution of offenses against public administration, including ethics offenses, and offenses involving insurance fraud or the imposition of the motor fuels tax, soon to be known as the "Goodtime Rosemary Bill", is scheduled for hearing by the Senate State Affairs Committee on Monday.
Four bills have been filed affecting the Public Integrity Unit, all in the Senate - my search did not bring up any in the House. Not sure why, maybe there is a structural reason?
All of them remove it from the Travis County District Attorney's office.
Three of them put it in the State Attorney General's office; one creates a Public Integrity Committee composed of the judges who head the state's judicial districts (this seems...odd) and the Committee appoints a prosecutor to head the PIU.
I am thinking that SB10 is the one to watch, because:
- It has one of the low bill numbers that the Lt Governor (who actively presides over the Senate) assigns. I assume he gives those low numbers only to bills he likes and wants to see prosper.
- SB10 was assigned to the State Affairs Committee. Senator Joan Huffman is the author of SB10. Senator Huffman is also the Chair of State Affairs Committee.
- The other three bills were assigned to the General Investigating & Ethics Committee, none of the bill authors chair that committee, and none are on the committee. And no hearings on them scheduled.
- SB10 is already scheduled for a hearing -- and of course, the bill's author is conducting the hearing!
All four bills provide that prosecution of a public official will occur in that official's county of residence. IIRC two of them provide that the PIU will lead the prosecution, but may ask the DA from the official's county of residence to help. One of them provides that the local county DA gets first crack at prosecuting a referred cased, but may ask the PIU attorneys to do it instead.
Senator Huffman's bill is a bit different yet in that first the PIU will investigate any allegations, and this will involve a Texas Ranger verifying the findings. If the PIU decides to proceed, it will refer the case to the administrative judge who presides over the judicial administrative district where the official resides. Then that administrative judge will give the case to the a county or district attorney who is not from the public official's county of residence. That prosecutor will then decide to pursue the case, or terminate it. If pursued, the prosecuting attorney will then prosecute it in the county of residence of the accused official -- in other words, the prosecuting attorney will not be on his home turf, but the accused will.
Interesting. I wonder how many people out of the Travis County PIU will get hired into the new one?
SB10: Texas Legislature Online - 84(R) History for SB 10
SB10, Relating to the investigation and prosecution of offenses against public administration, including ethics offenses, and offenses involving insurance fraud or the imposition of the motor fuels tax, soon to be known as the "Goodtime Rosemary Bill", is scheduled for hearing by the Senate State Affairs Committee on Monday.
Four bills have been filed affecting the Public Integrity Unit, all in the Senate - my search did not bring up any in the House. Not sure why, maybe there is a structural reason?
All of them remove it from the Travis County District Attorney's office.
Three of them put it in the State Attorney General's office; one creates a Public Integrity Committee composed of the judges who head the state's judicial districts (this seems...odd) and the Committee appoints a prosecutor to head the PIU.
I am thinking that SB10 is the one to watch, because:
- It has one of the low bill numbers that the Lt Governor (who actively presides over the Senate) assigns. I assume he gives those low numbers only to bills he likes and wants to see prosper.
- SB10 was assigned to the State Affairs Committee. Senator Joan Huffman is the author of SB10. Senator Huffman is also the Chair of State Affairs Committee.
- The other three bills were assigned to the General Investigating & Ethics Committee, none of the bill authors chair that committee, and none are on the committee. And no hearings on them scheduled.
- SB10 is already scheduled for a hearing -- and of course, the bill's author is conducting the hearing!
All four bills provide that prosecution of a public official will occur in that official's county of residence. IIRC two of them provide that the PIU will lead the prosecution, but may ask the DA from the official's county of residence to help. One of them provides that the local county DA gets first crack at prosecuting a referred cased, but may ask the PIU attorneys to do it instead.
Senator Huffman's bill is a bit different yet in that first the PIU will investigate any allegations, and this will involve a Texas Ranger verifying the findings. If the PIU decides to proceed, it will refer the case to the administrative judge who presides over the judicial administrative district where the official resides. Then that administrative judge will give the case to the a county or district attorney who is not from the public official's county of residence. That prosecutor will then decide to pursue the case, or terminate it. If pursued, the prosecuting attorney will then prosecute it in the county of residence of the accused official -- in other words, the prosecuting attorney will not be on his home turf, but the accused will.
Interesting. I wonder how many people out of the Travis County PIU will get hired into the new one?
SB10: Texas Legislature Online - 84(R) History for SB 10