Texas House strips power of ethics unit that investigates politicians Lawmakers OK bill moving public corruption cases from Public Integrity Unit to DPS

AUSTIN — House lawmakers on Monday approved legislation to create the equivalent of a carve out for statewide politicians and office holders to avoid being prosecuted by the ethics watchdog unit created specifically to investigate political malfeasance.

House Bill 1690 by Rep. Phil King, R-Weatherford, would shift investigative power over cases involving public corruption to the Texas Rangers, accomplishing a long-time goal of Republicans in the Legislature to dilute the power of Travis County's Public Integrity Unit. It would also allow any ethics charges filed against statewide politicians and lawmakers to be returned to their home counties for prosecution.

Corruption cases involving lobbyists and state employees would still be investigated by the Travis County-based unit, leaving statewide politicians and office holders as the only group able to elude the hammer of the Public Integrity Unit by taking their case to their respective home county.

One Republican urged lawmakers to avoid creating a "special protected class for us as elected officials." State Rep. David Simpson, R-Longview, tried to change the bill so that public corruption cases involving lawmakers could also be tried outside of their home counties. His amendment failed, along with others that tried to expand the venue in which lawmakers could be prosecuted.

"This is the way it is for ordinary citizens. If they are to commit crimes against the state they would be prosecuted where the crime occurs," said Simpson, who voted against the bill. "I want to plead with you that you not create with this bill a specially protected class"

In a vote along party lines, the bill passed 94 to 51. It still needs a final vote before going to the Senate, which has already approved a similar measure.

Under King's bill, insurance fraud and motor vehicle fuel tax cases — which he described as making up the majority of the Public Integrity Unit's work — will remain in the Travis County district attorney's office.

The Public Integrity Unit has long been targeted by Republicans in the Legislature, and last session former Gov. Rick Perry threatened to veto funding for the unit unless Travis County District Attorney Rosemary Lehmberg resigned following her arrest and jail time for drunken driving. Lehmberg refused and Perry vetoed the funding.

The Senate has passed a similar measure by Sen. Joan Huffman, R-Houston, on the Public Integrity Unit. Huffman re-worked her bill to have it mostly mirror King's bill after a provision that would have allowed the Attorney General to oversee investigations proved controversial since Attorney General Ken Paxton earlier had been the subject of an inquiry by Travis County's Public Integrity Unit.