Summary

Requires oil or gas well operators to give notice to a surface owner before they enter the surface owner's property to drill a new oil or gas well, or to reenter a plugged and abandoned oil or gas well.

Background

Under current law, oil or gas well operators are not required to give notice to a surface owner when they are granted a permit by the Railroad Commission of Texas (the commission) to drill a new oil or gas well, or to reenter a plugged oil or gas well on the surface owner's property.

Sources

House Bill Analysis for 630 http://www.legis.state.tx.us/tlodocs/80R/analysis/html/HB00630H.htm

Summary

Overview

This bill seeks to create an office inside of the office of the attorney general to prosecute state officials for offenses outlined by certain chapters of the Texas legal code. These include many chapters of government code such as Chapter 305 Registration of Lobbyists, and others that are related to ethics. This bill cannot take effect without the passage of a constitutional amendment by Texas voters.

Background

If anyone knows where to find the background for this bill, please post.

Summary

Overview

This bill seeks to create an office inside of the office of the attorney general to prosecute state officials for offenses outlined by certain chapters of the Texas legal code. These include many chapters of government code such as Chapter 305 Registration of Lobbyists, and others that are related to ethics. This bill cannot take effect without the passage of a constitutional amendment by Texas voters.

Section by Section Analysis

Section 1.

Adds Subchapter D, Public Integrity Unit (PIU) to Government Code Chapter 402 as Section 402.101

This section sets what offenses the PIU will prosecute, where the office will be based, where prosecutions will be made, and what powers the new unit will have.

The offenses that may be prosecuted which are of interest to us are those outlined by Government Code Chapter 301 Legislative Organization, Chapter 302 Speaker of the House of Representatives, Chapter 305 Registration of Lobbyists, Chapter 571 Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest, Chapter 573 Degrees of Relationship; Nepotism Prohibitions and all offenses against the Elections Code “in connection with a campaign for or the holding of state office…” These and the other offenses that the PIU may prosecute are labeled as “Offenses against Public Administration.”

Section 1 continues, stating that state agencies and local law enforcement shall cooperate with the PIU. Information provided to aid the PIU will not be subject to disclosure. Finally, the venue for any trials shall be in the county in which the defendant resides.

Section 2.

Section 301.027 of the Texas Government Code is amended in order to move prosecution for contempt of the legislature from the purview of the Travis County district attorney to the PIU.

Section 3.

Section 402.009 if the Texas Government Code is amended to allow the attorney general to employ and commission peace officers to investigate those offenses that may be prosecuted according to the just added Subchapter D.

Section 4.

Section 35.04 of the Texas Penal Code is amended to allow the PIU to prosecute offenses. Also, if the PIU decides not to prosecute, the attorney general may offer or provide upon request the assistance of his office to a state attorney who is conducting the prosecution.

Section 5.

Mandates that the attorney general establish the PIU by March 1, 2008.

The just added Subchapter D will apply only to offenses committed after April 1, 2008.

Section 6.

States that is act will take effect January 1, 2008, but only if the proposed constitutional amendment permitting the attorney general to prosecute the specified offenses takes effect. Without a constitutional amendment, this act will have no effect.

Conclusion

Passage of this bill and the accompanying constitutional amendment would almost certainly increase the effectiveness of Texas’s ethics laws. Currently, it seems that individual attorneys representing the state carry out prosecutions. Moreover, the attorney general does not have explicit permission to aide their investigations or compel the aide of other state institutions, although this likely would fall under the general responsibilities of his office.

The creation of a unit devoted to prosecuting state officers would metaphorically help the left hand of the government to know what the right hand was doing. With individual prosecutions, overall trends and connections between cases may be missed, or an attorney with little experience may be assigned to prosecute a state official. The PIU may be able to spot trends, make connections between cases, and provide specialists in the prosecution of state officers. All these benefits would help to make sure that the laws already on the books are enforced. Moreover, there can no longer be any question as to whether or not a state agency must aide in investigations if asked by the attorney general.

Background

If anyone knows where to find the background for this bill, please post.

Summary

Overview

This bill seeks to create an office inside of the office of the attorney general to prosecute state officials for offenses outlined by certain chapters of the Texas legal code. These include many chapters of government code such as Chapter 305 Registration of Lobbyists, and others that are related to ethics. This bill cannot take effect without the passage of a constitutional amendment by Texas voters.

Section by Section Analysis

Section 1.

Adds Subchapter D, Public Integrity Unit (PIU) to Government Code Chapter 402 as Section 402.101

This section sets what offenses the PIU will prosecute, where the office will be based, where prosecutions will be made, and what powers the new unit will have.

The offenses that may be prosecuted which are of interest to us are those outlined by Government Code Chapter 301 Legislative Organization, Chapter 302 Speaker of the House of Representatives, Chapter 305 Registration of Lobbyists, Chapter 571 Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest, Chapter 573 Degrees of Relationship; Nepotism Prohibitions and all offenses against the Elections Code “in connection with a campaign for or the holding of state office…” These and the other offenses that the PIU may prosecute are labeled as “Offenses against Public Administration.”

Section 1 continues, stating that state agencies and local law enforcement shall cooperate with the PIU. Information provided to aid the PIU will not be subject to disclosure. Finally, the venue for any trials shall be in the county in which the defendant resides.

Section 2.

Section 301.027 of the Texas Government Code is amended in order to move prosecution for contempt of the legislature from the purview of the Travis County district attorney to the PIU.

Section 3.

Section 402.009 if the Texas Government Code is amended to allow the attorney general to employ and commission peace officers to investigate those offenses that may be prosecuted according to the just added Subchapter D.

Section 4.

Section 35.04 of the Texas Penal Code is amended to allow the PIU to prosecute offenses. Also, if the PIU decides not to prosecute, the attorney general may offer or provide upon request the assistance of his office to a state attorney who is conducting the prosecution.

Section 5.

Mandates that the attorney general establish the PIU by March 1, 2008.

The just added Subchapter D will apply only to offenses committed after April 1, 2008.

Section 6.

States that is act will take effect January 1, 2008, but only if the proposed constitutional amendment permitting the attorney general to prosecute the specified offenses takes effect. Without a constitutional amendment, this act will have no effect.

Conclusion

Passage of this bill and the accompanying constitutional amendment would almost certainly increase the effectiveness of Texas’s ethics laws. Currently, it seems that individual attorneys representing the state carry out prosecutions. Moreover, the attorney general does not have explicit permission to aide their investigations or compel the aide of other state institutions, although this likely would fall under the general responsibilities of his office.

The creation of a unit devoted to prosecuting state officers would metaphorically help the left hand of the government to know what the right hand was doing. With individual prosecutions, overall trends and connections between cases may be missed, or an attorney with little experience may be assigned to prosecute a state official. The PIU may be able to spot trends, make connections between cases, and provide specialists in the prosecution of state officers. All these benefits would help to make sure that the laws already on the books are enforced. Moreover, there can no longer be any question as to whether or not a state agency must aide in investigations if asked by the attorney general.

Background

If anyone knows where to find the background for this bill, please post.

Summary

Overview

This bill seeks to create an office inside of the office of the attorney general to prosecute state officials for offenses outlined by certain chapters of the Texas legal code. These include many chapters of government code such as Chapter 305 Registration of Lobbyists, and others that are related to ethics. This bill cannot take effect without the passage of a constitutional amendment by Texas voters.

Section by Section Analysis

Section 1.

Adds Subchapter D, Public Integrity Unit (PIU) to Government Code Chapter 402 as Section 402.101

This section sets what offenses the PIU will prosecute, where the office will be based, where prosecutions will be made, and what powers the new unit will have.

The offenses that may be prosecuted which are of interest to us are those outlined by Government Code Chapter 301 Legislative Organization, Chapter 302 Speaker of the House of Representatives, Chapter 305 Registration of Lobbyists, Chapter 571 Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest, Chapter 573 Degrees of Relationship; Nepotism Prohibitions and all offenses against the Elections Code “in connection with a campaign for or the holding of state office…” These and the other offenses that the PIU may prosecute are labeled as “Offenses against Public Administration.”

Section 1 continues, stating that state agencies and local law enforcement shall cooperate with the PIU. Information provided to aid the PIU will not be subject to disclosure. Finally, the venue for any trials shall be in the county in which the defendant resides.

Section 2.

Section 301.027 of the Texas Government Code is amended in order to move prosecution for contempt of the legislature from the purview of the Travis County district attorney to the PIU.

Section 3.

Section 402.009 if the Texas Government Code is amended to allow the attorney general to employ and commission peace officers to investigate those offenses that may be prosecuted according to the just added Subchapter D.

Section 4.

Section 35.04 of the Texas Penal Code is amended to allow the PIU to prosecute offenses. Also, if the PIU decides not to prosecute, the attorney general may offer or provide upon request the assistance of his office to a state attorney who is conducting the prosecution.

Section 5.

Mandates that the attorney general establish the PIU by March 1, 2008.

The just added Subchapter D will apply only to offenses committed after April 1, 2008.

Section 6.

States that is act will take effect January 1, 2008, but only if the proposed constitutional amendment permitting the attorney general to prosecute the specified offenses takes effect. Without a constitutional amendment, this act will have no effect.

Conclusion

Passage of this bill and the accompanying constitutional amendment would almost certainly increase the effectiveness of Texas’s ethics laws. Currently, it seems that individual attorneys representing the state carry out prosecutions. Moreover, the attorney general does not have explicit permission to aide their investigations or compel the aide of other state institutions, although this likely would fall under the general responsibilities of his office.

The creation of a unit devoted to prosecuting state officers would metaphorically help the left hand of the government to know what the right hand was doing. With individual prosecutions, overall trends and connections between cases may be missed, or an attorney with little experience may be assigned to prosecute a state official. The PIU may be able to spot trends, make connections between cases, and provide specialists in the prosecution of state officers. All these benefits would help to make sure that the laws already on the books are enforced. Moreover, there can no longer be any question as to whether or not a state agency must aide in investigations if asked by the attorney general.

Additional Links

Summary

Overview

This bill seeks to create an office inside of the office of the attorney general to prosecute state officials for offenses outlined by certain chapters of the Texas legal code. These include many chapters of government code such as Chapter 305 Registration of Lobbyists, and others that are related to ethics. This bill cannot take effect without the passage of a constitutional amendment by Texas voters.

Section by Section Analysis

Section 1.

Adds Subchapter D, Public Integrity Unit (PIU) to Government Code Chapter 402 as Section 402.101

This section sets what offenses the PIU will prosecute, where the office will be based, where prosecutions will be made, and what powers the new unit will have.

The offenses that may be prosecuted which are of interest to us are those outlined by Government Code Chapter 301 Legislative Organization, Chapter 302 Speaker of the House of Representatives, Chapter 305 Registration of Lobbyists, Chapter 571 Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest, Chapter 573 Degrees of Relationship; Nepotism Prohibitions and all offenses against the Elections Code “in connection with a campaign for or the holding of state office…” These and the other offenses that the PIU may prosecute are labeled as “Offenses against Public Administration.”

Section 1 continues, stating that state agencies and local law enforcement shall cooperate with the PIU. Information provided to aid the PIU will not be subject to disclosure. Finally, the venue for any trials shall be in the county in which the defendant resides.

Section 2.

Section 301.027 of the Texas Government Code is amended in order to move prosecution for contempt of the legislature from the purview of the Travis County district attorney to the PIU.

Section 3.

Section 402.009 if the Texas Government Code is amended to allow the attorney general to employ and commission peace officers to investigate those offenses that may be prosecuted according to the just added Subchapter D.

Section 4.

Section 35.04 of the Texas Penal Code is amended to allow the PIU to prosecute offenses. Also, if the PIU decides not to prosecute, the attorney general may offer or provide upon request the assistance of his office to a state attorney who is conducting the prosecution.

Section 5.

Mandates that the attorney general establish the PIU by March 1, 2008.

The just added Subchapter D will apply only to offenses committed after April 1, 2008.

Section 6.

States that is act will take effect January 1, 2008, but only if the proposed constitutional amendment permitting the attorney general to prosecute the specified offenses takes effect. Without a constitutional amendment, this act will have no effect.

Conclusion

Passage of this bill and the accompanying constitutional amendment would almost certainly increase the effectiveness of Texas’s ethics laws. Currently, it seems that individual attorneys representing the state carry out prosecutions. Moreover, the attorney general does not have explicit permission to aide their investigations or compel the aide of other state institutions, although this likely would fall under the general responsibilities of his office.

The creation of a unit devoted to prosecuting state officers would metaphorically help the left hand of the government to know what the right hand was doing. With individual prosecutions, overall trends and connections between cases may be missed, or an attorney with little experience may be assigned to prosecute a state official. The PIU may be able to spot trends, make connections between cases, and provide specialists in the prosecution of state officers. All these benefits would help to make sure that the laws already on the books are enforced. Moreover, there can no longer be any question as to whether or not a state agency must aide in investigations if asked by the attorney general.

Additional Links

Summary

Overview

This bill seeks to create an office inside of the office of the attorney general to prosecute state officials for offenses outlined by certain chapters of the Texas legal code. These include many chapters of government code such as Chapter 305 Registration of Lobbyists, and others that are related to ethics. This bill cannot take effect without the passage of a constitutional amendment by Texas voters.

Background

If anyone knows where to find the background for this bill, please post.