Bill Text: TX SB612 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
85R5711 ATP-D | ||
By: Birdwell | S.B. No. 612 |
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relating to complaints filed with the Texas Ethics Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 571.0771, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Subsection (a) applies to a statement filed under | ||
Chapter 572 regardless of whether another person has filed a sworn | ||
complaint pertaining to the statement. | ||
SECTION 2. Sections 571.124(c), (e), and (f), Government | ||
Code, are amended to read as follows: | ||
(c) The commission [ |
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writing whether the commission has jurisdiction over the violation | ||
of law alleged in a sworn complaint processed under Section | ||
571.123. | ||
(e) If the commission [ |
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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; | ||
(4) a copy of the complaint and the rules of procedure | ||
of the commission; | ||
(5) a statement of the rights of the respondent; | ||
(6) a statement inviting the respondent to provide to | ||
the commission any information relevant to the complaint; and | ||
(7) a statement that a failure to timely respond to the | ||
notice will be treated as a separate violation. | ||
(f) If the commission [ |
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the commission does not have jurisdiction over the violation | ||
alleged in the complaint, the commission [ |
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shall: | ||
(1) dismiss the complaint; and | ||
(2) not later than the fifth business day after the | ||
date of the dismissal, send to the complainant and the respondent | ||
written notice of the dismissal and the grounds for the dismissal. | ||
SECTION 3. The heading to Section 571.1241, Government | ||
Code, is amended to read as follows: | ||
Sec. 571.1241. REVIEW OF [ |
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DETERMINATION OF NO JURISDICTION. | ||
SECTION 4. Sections 571.1241(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The [ |
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commission review the commission's determination under Section | ||
571.124 of whether the commission has jurisdiction over the | ||
violation alleged in the complaint. 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 commission's [ |
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determination made under Section 571.124 and determine whether the | ||
commission made the correct determination not later than the 30th | ||
day after the commission receives the request for review under this | ||
subsection. | ||
(b) The commission may reverse the commission's [ |
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affirmative vote of at least six members. | ||
SECTION 5. 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 6. 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 7. Subchapter E, Chapter 571, Government Code, is | ||
amended by adding Section 571.1325 to read as follows: | ||
Sec. 571.1325. TIME FOR FINAL RESOLUTION OF COMPLAINT. (a) | ||
The commission shall finally resolve a complaint alleging a | ||
Category One violation not later than the first anniversary of the | ||
date the complaint is filed. | ||
(b) The commission shall finally resolve a complaint | ||
alleging a Category Two violation not later than 18 months after the | ||
date the complaint is filed. | ||
SECTION 8. 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 9. This Act takes effect September 1, 2017. |