August 20, 2014 10:20 AM

Simpson: Proud of vote to keep PIU in Travis County DA's office instead of moving it to the AG's office

“It perplexes me that the same people who are decrying the actions of the Ethics Commission are also questioning the votes of members who opposed granting the Commission an unconstitutional task.”

Since Governor Perry’s indictment by a Travis County grand jury, I have received inquiries as to why I voted against an amendment that was intended to move the Public Integrity Unit (PIU) from the Travis County District Attorney’s Office to the Office of Attorney General. When I was first elected to the Legislature, I was advised to do the right thing and then explain it. Here is the explanation:

During the 83rd Legislature the District Attorney for Travis County was arrested for drunk driving and exhibited reprehensible behavior. In many cultures the public shame of such actions would result in an official’s voluntary resignation. There is however, no mechanism for the legislature to force the resignation of a locally elected official who has lost the public’s trust. That did not stop members of the legislature from trying.

Senate Bill 219, a bill which dealt with the Texas Ethics Commission and was vetoed by the Governor, presented the opportunity for a political statement through an amendment to “transfer the duties and responsibilities of the Public Integrity Unit of the Travis County district attorney’s office to the office of the attorney general.”

The problem with the amendment was that the PIU is merely an organizational division within the office of the District Attorney. Travis County like the other 253 counties in the State, derive their authority to prosecute criminal violations from the Texas Constitution. The Attorney General has no such authority and the amendment would not have conferred it to him. Only a constitutional amendment can do so.

The rest of Rep. David Simpson’s column can be found in today’s R&D Department.

By David Simpson