Bill Text: TX SB612 | 2017-2018 | 85th Legislature | Engrossed

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Bill Title: Relating to complaints filed with and certain other filings submitted to the Texas Ethics Commission.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2017-05-01 - Referred to General Investigating & Ethics [SB612 Detail]

Download: Texas-2017-SB612-Engrossed.html

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By: Birdwell, Huffines, Whitmire S.B. No. 612

A BILL TO BE ENTITLED
AN ACT
relating to complaints filed with and certain other filings
submitted to the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.0771(b), Government Code, is amended
to read as follows:
(b) Subsection (a) does not apply to:
(1) a penalty imposed under Section 571.069 or
Subchapter [E or] F; or
(2) a report required to be filed under Section
[254.038, 254.039,] 254.064(c), 254.124(c), or 254.154(c),
Election Code.
SECTION 2. Section 571.097, Government Code, is amended to
read as follows:
Sec. 571.097. DEFENSES: [DEFENSE FOR] RELIANCE ON ADVISORY
OPINION; COMMISSION'S FAILURE TO ISSUE OPINION. (a) It is a
defense to prosecution or to imposition of a civil penalty that the
person reasonably relied on a written advisory opinion of the
commission relating to the provision of the law the person is
alleged to have violated or relating to a fact situation that is
substantially similar to the fact situation in which the person is
involved.
(b) It is a defense to prosecution or to imposition of a
civil penalty for the violation of a law that:
(1) the person requested a written advisory opinion
from the commission relating to the application of that law to a
specified existing fact situation involving the person that is the
same fact situation or substantially similar to the fact situation
that forms the basis of the alleged violation; and
(2) the commission did not issue the opinion within
the time prescribed by Section 571.092.
(c) The defense to prosecution or imposition of a civil
penalty under Subsection (b) applies only to acts giving rise to a
potential violation of law occurring in the period beginning on the
date the time prescribed by Section 571.092 expires and ending on
the date the commission issues the requested opinion.
SECTION 3. Section 571.1212, Government Code, is amended to
read as follows:
Sec. 571.1212. CATEGORIZATION OF VIOLATIONS. An allegation
of a violation listed as a Category One violation shall be treated
as a Category Two violation if the executive director at any time
determines that:
(1) the allegation arises out of the same set of facts
as those that give rise to an allegation of a Category Two
violation, and the interests of justice or efficiency require
resolution of the allegations together; or
(2) the facts and law related to a particular
allegation or a defense to the allegation present a level of
complexity that prevents resolution through the preliminary review
procedures for Category One violations prescribed by Section
571.1242 [571.1242(a)].
SECTION 4. Subchapter E, Chapter 571, Government Code, is
amended by adding Section 571.1223 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 accepts
jurisdiction over the complaint; and
(2) the corrected or amended statement, registration,
or report remedies the alleged violation.
SECTION 5. The heading to Section 571.1241, Government
Code, is amended to read as follows:
Sec. 571.1241. REVIEW OF EXECUTIVE DIRECTOR'S
DETERMINATION OF [NO] JURISDICTION.
SECTION 6. Section 571.1241(a), Government Code, is amended
to read as follows:
(a) If the executive director determines that the
commission does not have jurisdiction over the violation alleged in
the complaint, the complainant or respondent may request that the
commission review the determination. A request for review under
this section must be filed not later than the 30th day after the
date the complainant or respondent receives the executive
director's determination.
SECTION 7. The heading to Section 571.1242, Government
Code, is amended to read as follows:
Sec. 571.1242. PRELIMINARY REVIEW[: RESPONSE BY
RESPONDENT].
SECTION 8. Sections 571.1242(a), (b), and (c), Government
Code, are amended to read as follows:
(a) 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[; and
[(2) if the matter 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 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) If the alleged violation is a Category Two violation,[:
[(1)] the respondent must respond to the notice
required by Section 571.123(b) not later than the 25th business day
after the date the respondent receives the notice under Section
571.123(b)[; and
[(2) if the matter is not resolved by agreement
between the commission and the respondent before the 75th business
day after the date the respondent receives the notice under Section
571.123(b), the commission shall set the matter for a preliminary
review hearing to be held at the next commission meeting for which
notice has not yet been posted].
(c) A respondent's failure to timely respond as required by
Subsection (a) [(a)(1)] or (b) [(b)(1)] is a Category One
violation.
SECTION 9. Section 571.1243, Government Code, is
redesignated as Section 571.1242(f), Government Code, and amended
to read as follows:
(f) [Sec. 571.1243. PRELIMINARY REVIEW: WRITTEN
QUESTIONS.] During a preliminary review, the commission staff may
submit to the complainant or respondent written questions
reasonably intended to lead to the discovery of matters relevant to
the investigation.
SECTION 10. Section 571.1242, Government Code, is amended
by adding Subsections (g), (h), (i), and (j) to read as follows:
(g) Not later than the 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
must:
(1) propose an agreement to the respondent to settle
the complaint without holding a preliminary hearing; or
(2) dismiss the complaint.
(h) The deadline under Subsection (g) is tolled for the
duration of any litigation brought by the respondent or the
commission regarding the complaint at issue.
(i) If a respondent rejects a proposed settlement under
Subsection (g), the matter must be set for a preliminary review
hearing at the next commission meeting for which notice has not yet
been posted.
(j) If a complaint is dismissed under Subsection (g), the
commission shall deny jurisdiction over any subsequent complaint
against the respondent that alleges the respondent violated the
same statutes or rules based on the same facts alleged in the
dismissed complaint.
SECTION 11. Section 571.125, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) Counsel for the respondent may subpoena a witness to a
preliminary review hearing in the same manner as an attorney may
issue a subpoena in a proceeding in a county or district court.
SECTION 12. Section 571.130, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) Counsel for the respondent may subpoena a witness to a
formal hearing in the same manner as an attorney may issue a
subpoena in a proceeding in a county or district court.
SECTION 13. Section 571.1242(e), Government Code, is
repealed.
SECTION 14. The changes in law made by this Act to Chapter
571, Government Code, apply only to the effect or resolution of a
complaint filed under that chapter on or after the effective date of
this Act. The effect or resolution of a complaint filed before the
effective date of this Act is governed by the law in effect when the
complaint was filed, and the former law is continued in effect for
that purpose.
SECTION 15. This Act takes effect September 1, 2017.