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.