86R10604 BRG-D
	By: Hall	S.B. No. 1618

	A BILL TO BE ENTITLED
	AN ACT
	relating to procedures for complaints received by the Texas Ethics
	Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 571.025, Government Code, is amended to
	read as follows:
	Sec. 571.025.  MEETINGS. The commission shall meet at least
	once each calendar quarter and at other times:
	(1)  at the call of the presiding officer; or
	(2)  as necessary to take an action required during a
	proceeding under Subchapter E within the time prescribed by that
	subchapter.
	SECTION 2.  Section 571.124(e), Government Code, is amended
	to read as follows:
	(e)  If the executive director determines that the
	commission has jurisdiction, the notice under Section 571.123(b)
	must include:
	(1)  a statement that the commission has jurisdiction
	over the violation of law alleged in the complaint;
	(2)  [a statement of whether the complaint will be
	processed as a Category One violation or a Category Two violation,
	subject to reconsideration as provided for by Section 571.1212;
	[(3)]  the date by which the respondent is required to
	respond to the notice;
	(3) [(4)]  a copy of the complaint and the rules of
	procedure of the commission;
	(4) [(5)]  a statement of the rights of the respondent;
	(5) [(6)]  a statement inviting the respondent to
	provide to the commission any information relevant to the
	complaint; and
	(6) [(7)]  a statement that a failure to timely respond
	to the notice will be treated as a separate violation.
	SECTION 3.  Section 571.1242, Government Code, is amended by
	amending Subsections (a) and (d) and adding Subsections (a-1),
	(b-1), and (b-2) to read as follows:
	(a)  The [If the alleged violation is a Category One
	violation:
	[(1)  the] respondent must respond to the notice
	required by Section 571.123(b) not later than the 10th business day
	after the date the respondent receives the notice.
	(a-1)  A [; and
	[(2)  if the] matter that is not resolved by agreement
	between the commission and the respondent [before the 30th business
	day after the date the respondent receives the notice under Section
	571.123(b), the commission] shall be set [the matter] for a
	preliminary review hearing to be held at the next commission
	meeting for which notice has not yet been posted.
	(b-1)  Not later than the 30th business day after the date
	the commission receives a response under Subsection (a), the
	commission shall send notice of the commission's decision:
	(1)  to dismiss the complaint; or
	(2)  to hold a preliminary hearing and the date of the
	hearing.
	(b-2)  A notice under Subsection (b-1) may not set a
	preliminary hearing date later than the 30th business day after the
	date that the commission sends the notice to the respondent.  On
	request of the respondent, the commission may delay the hearing
	date up to 60 business days after the date provided in the notice.
	(d)  The response required by Subsection (a) [or (b)] must
	include any challenge the respondent seeks to raise to the
	commission's exercise of jurisdiction.  In addition, the respondent
	may:
	(1)  acknowledge the occurrence or commission of a
	violation;
	(2)  deny the allegations contained in the complaint
	and provide evidence supporting the denial; or
	(3)  agree to enter into an assurance of voluntary
	compliance or other agreed order, which may include an agreement to
	immediately cease and desist.
	SECTION 4.  Section 571.126, Government Code, is amended by
	amending Subsections (b), (c), and (d) and adding Subsection (e) to
	read as follows:
	(b)  If the commission determines that there is credible
	evidence for the commission to determine that a violation has
	occurred, the commission shall resolve and settle the complaint or
	motion to the extent possible.  If the commission successfully
	resolves and settles the complaint or motion, not later than the
	10th [fifth] business day after the date of the final resolution of
	the complaint or motion, the commission shall send to the
	complainant, if any, and the respondent a copy of the decision
	stating the commission's determination and written notice of the
	resolution and the terms of the resolution.  If the commission is
	unsuccessful in resolving and settling the complaint or motion, the
	commission shall:
	(1)  order a formal hearing to be held in accordance
	with Sections 571.129 through 571.132; and
	(2)  not later than the 10th [fifth] business day after
	the date of the decision, send to the complainant, if any, and the
	respondent:
	(A)  a copy of the decision;
	(B)  written notice of the date, time, and place
	of the formal hearing;
	(C)  a statement of the nature of the alleged
	violation;
	(D)  a description of the evidence of the alleged
	violation;
	(E)  a copy of the complaint or motion;
	(F)  a copy of the commission's rules of
	procedure; and
	(G)  a statement of the rights of the respondent.
	(c)  If the commission determines that there is credible
	evidence for the commission to determine that a violation within
	the jurisdiction of the commission has not occurred, the commission
	shall:
	(1)  dismiss the complaint or motion; and
	(2)  not later than the 10th [fifth] business day after
	the date of the dismissal, send to the complainant, if any, and the
	respondent a copy of the decision stating the commission's
	determination and written notice of the dismissal and the grounds
	for dismissal.
	(d)  If the commission determines that there is insufficient
	credible evidence for the commission to determine that a violation
	within the jurisdiction of the commission has occurred, the
	commission may dismiss the complaint or motion or promptly conduct
	a formal hearing under Sections 571.129 through 571.132.  Not later
	than the 10th [fifth] business day after the date of the
	commission's determination under this subsection, the commission
	shall send to the complainant, if any, and the respondent a copy of
	the decision stating the commission's determination and written
	notice of the grounds for the determination.
	(e)  A notice under Subsection (b) or (d) may not set a formal
	hearing date later than the 30th business day after the date that
	the commission sends the notice to the respondent.  On request of
	the respondent, the commission may delay the hearing date up to 60
	business days after the date provided in the notice.
	SECTION 5.  Section 571.132(a), Government Code, is amended
	to read as follows:
	(a)  Not later than the 25th [30th] business day after the
	date the State Office of Administrative Hearings issues a proposal
	for decision, the commission shall convene a meeting and by motion
	shall issue:
	(1)  a final decision stating the resolution of the
	formal hearing; and
	(2)  a written report stating in detail the
	commission's findings of fact, conclusions of law, and
	recommendation of criminal referral or imposition of a civil
	penalty, if any.
	SECTION 6.  Subchapter E, Chapter 571, Government Code, is
	amended by adding Section 571.143 to read as follows:
	Sec. 571.143.  LIABILITY FOR COSTS OF FRIVOLOUS COMPLAINTS.
	The commission is liable for the respondent's reasonable and
	necessary attorney's fees and other costs incurred in defending
	against the complaint if, after a formal hearing, the commission
	determines that the complaint was frivolous.
	SECTION 7.  The following sections of the Government Code
	are repealed:
	(1)  Sections 571.1211(2) and (3);
	(2)  Section 571.1212; and
	(3)  Sections 571.1242(b) and (c).
	SECTION 8.  This Act takes effect September 1, 2019.