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Time for the biennial attempt to de-fang the Travis County DA

Same story, next chapter.

The Texas Ethics Commission, long criticized for its lax enforcement of public officials, is considering a plan to take over all ethics enforcement from the Travis County district attorney’s office, which has a long history of prosecuting errant state officeholders.

The eight-member Ethics Commission, meeting Thursday in Austin, is scheduled to consider a recommendation “transplanting certain existing investigative and prosecutorial authority and budget from the Travis County Public Integrity Unit to the Texas Ethics Commission.”

“Only the authority and budget relating to the conduct of public officials elected and appointed should be so reassigned,” the recommendation states. “Many of the existing personnel staffing these functions would come across as seamlessly as possible.”

David Reisman, executive director of the Ethics Commission, couldn’t immediately be reached. Tim Sorrells, the agency’s general counsel, confirmed late Wednesday that it was scheduled to discuss the recommendation.

The move came after a Texas Sunset Advisory Commission report last summer criticized the commission for its lax enforcement history, even though it stopped short of recommending that it become a beefed-up enforcement agency for state ethics laws.

News of the Ethics Commission’s move immediately drew criticism from government watchdog groups, who insisted the change would take Texas’ ethics enforcement from bad to worse.

“After all these years of inaction, they want to go and take away the only effective ethics enforcement Texas has and put it in an agency that has done almost nothing,” said Tom Smith, Texas director of Public Citizen.

Noting that watchdog groups were hoping for ramped-up enforcement by the Ethics Commission, not a takeover of the county’s Public Integrity Unit that has prosecuted the only criminal violations, he added: “This is a dream turned into a nightmare.”

We’ve been down this road before, in one form or another, in every legislative session I’ve observed, which goes back to 2003, and undoubtedly well before that. In the past, the main threat had been to move this function into the Attorney General’s office. If the TEC did a reasonable job of enforcement this wouldn’t be a completely ridiculous suggestion, but we know how that goes. It’s not all the TEC’s fault – they know they’re ultimately under the Legislature’s thumb, so it’s good survival strategy on their part to not be too obnoxious. At this point, the best argument for letting the Travis County DA continue in this role is that they are not connected to state government, which gives them an independence no other option would have. I didn’t expect anything to come of this, and it turns out that the TEC has since had second thoughts.

The Texas Ethics Commission backed away Thursday from a controversial proposal to take certain investigative authority away from the Travis County district attorney’s office, but the agency approved two recommendations aimed at enhancing criminal inquiries of state elected officials.

The draft proposal to ask the Legislature to take investigative power away from those local prosecutors — and give it to an agency that has often been described as weak and ineffective — sparked outrage from government watchdogs and strong opposition from the Travis County DA’s office.

It also drew unusually strong condemnation from one of the eight Ethics Commission members, Tom Harrison. A letter from Harrison, who did not attend Thursday’s meeting, was read aloud by fellow Commissioner Tom Ramsay. In it, Harrison argued that making the commission the lead prosecutor of state elected officials would frustrate its “primary purpose” and set up a statutory conflict of interest.

“Members of the commission are appointed by elected state leaders and would be enforcing criminal actions against those same elected officials,” Harrison wrote, according to Ramsay. “If it ain’t broke, don’t mess with it.”

In face of stiff opposition, Jim Clancy, one of the commissioners who had made the proposal, quickly backed off and said the intent was never to gut the Travis DA’s budget and power. But he said the commission needs more money and authority to to pursue serious corruption allegations.

So that’s probably it for this particular variation, but as always it bears watching, because sooner or later something like it will pop up again. EoW and Burka have more.

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