HBA-EVB S.B. 194 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 194 By: Ogden Public Safety 5/10/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, the Texas Department of Public Safety (department) assembles a special task force when the agency investigates a "white collar crime." Due to the degree of expertise required to investigate such complex crimes, the department forms the task force by borrowing personnel from other state agencies, who provide the necessary cooperation between prosecutors, accountants, computer network specialists, and investigators. However, if state funds are not involved, the state auditor's office does not participate in the investigation because of a lack of statutory authority, leaving the department without forensic accounting expertise. After an investigation, the department dismantles the task force, but may recall certain persons to investigate another complex case. If the department retained a highly-specialized unit, the unit might provide a consistent, concentrated resource for forensic expertise and could offer a prosecutor computer evidence analysis, exhibit cataloging, and expert testimony. S.B. 194 creates a complex crime unit within the department, and provides authority to the state auditor's office to assist the department in complex crimes. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 411, Government Code, by adding Subchapter I, as follows: SUBCHAPTER I. COMPLEX CRIME UNIT Sec. 411.251. DEFINITIONS. Defines "attorney representing the state" and "complex crime." Sec. 411.252. COMPLEX CRIME UNIT. (a) Provides that the complex crime unit is an investigatory unit within the Department of Public Safety (department). (b) Requires the public safety director (director) to employ commissioned peace officers and noncommissioned employees to perform duties required of the unit. (c) Provides that a peace officer must, to be eligible for employment under this section, have not less than four years of experience as a peace officer and a degree from an accredited institution of higher education in law, accounting, or computer science; or two or more years of experience in the investigation of complex criminal offenses or similar offenses. (d) Provides that a noncommissioned employee must, to be eligible for employment under this section, meet the experience, training, and educational qualifications set by the director as requirements for investigating or assisting in the investigation of a complex crime. Sec. 411.253. ASSISTANCE ON REQUEST. (a) Authorizes the complex crime unit of the department to assist local law enforcement in the investigation of crime, on the request of an attorney representing the state and with the approval of the director. (b) Authorizes the complex crime unit of the department to investigate a crime involving harm to the interests of a state agency, on the request of the governor and with the approval of the director. Sec. 411.254. COOPERATION. (a) Requires the director and the state auditor to cooperate in investigating complex crimes and enforcing and administering laws involving complex crimes. (b) Requires the director and the state auditor to adopt a memorandum of understanding that establishes the responsibilities of the department and the office of the state auditor in investigating, enforcing, or administering laws involving complex crimes. (c) Provides that the memorandum of understanding must facilitate the sharing of information involving complex crimes and permit the office of the state auditor access to the criminal justice information necessary for the auditor to carry out the duties described by the memorandum. SECTION 2. Effective date: September 1, 1999, except as provided by SECTION 3 of this Act. SECTION 3. Provides that this Act takes effect only if a specific appropriation for the implementation of this Act is provided in H.B. No. 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. Provides that this Act has no effect if no specific appropriation is provided in H.B. No. 1. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Amendment #1: (1) Amends proposed Subsection 411.252(b), to authorize, rather than require, the public safety director (director) to employ commissioned peace officers and noncommissioned employees to perform duties required of the unit. (2) Strikes SECTION 3 in its entirety. Redesignates SECTION 4 of the bill as SECTION 3.