Bill Text: TX SB320 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to complaints filed with the Texas Ethics Commission.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB320 Detail]

Download: Texas-2023-SB320-Introduced.html

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88R3637 CJD-D
By: Hall S.B. No. 320

A BILL TO BE ENTITLED
AN ACT
relating to complaints filed with the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.1223, Government Code, is amended to
read as follows:
Sec. 571.1223. DISMISSAL OF COMPLAINT FOLLOWING CORRECTED
OR AMENDED STATEMENT, REGISTRATION, OR REPORT. At any stage of a
proceeding under this subchapter, the commission shall dismiss a
complaint to the extent the complaint alleges a statement,
registration, or report violates a law or rule if:
(1) the respondent has filed a corrected or amended
statement, registration, or report before the commission issues a
final decision on [accepts jurisdiction over] the complaint; and
(2) the corrected or amended statement, registration,
or report remedies the alleged violation.
SECTION 2. Section 571.1241, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) If it is determined that the commission has jurisdiction
over the violation alleged in a complaint, the respondent may bring
an action in a district court in the county in which the respondent
resides to review that determination. The respondent must bring
the action not later than the 90th day after the date the respondent
receives notice of the determination.
SECTION 3. Section 571.1242(g), Government Code, is amended
to read as follows:
(g) Not later than the 30th [120th] day after the [later of
the] date the commission receives a respondent's response to notice
as required by Subsection (a) or (b) [or the respondent's response
to written questions as required by Subsection (f)], the commission
shall:
(1) propose an agreement to the respondent to settle
the complaint without holding a preliminary hearing; or
(2) dismiss the complaint.
SECTION 4. The changes in law made by this Act to Chapter
571, Government Code, apply only to a complaint filed under that
chapter on or after the effective date of this Act. A complaint
filed before the effective date of this Act is governed by the law
in effect on the date the complaint was filed, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.