Texas 2019 - 86th Regular

Texas Senate Bill SB548

Caption

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

Impact

The legislation will significantly impact how ethics complaints are processed within the state, particularly by making it easier for individuals to contest violations before the Texas Ethics Commission. For example, the introduction of defense provisions tied to advisory opinions provides a safety net for individuals who seek advice but may be in violation due to the commission’s lack of timely response. Moreover, the bill also aims to ensure that resolved or corrected complaints can be dismissed, reducing unnecessary litigation and improving the efficiency of the commission.

Summary

SB548 aims to amend certain provisions regarding complaints and filings submitted to the Texas Ethics Commission. The bill proposes several changes in the Government Code, particularly concerning how complaints are categorized and handled by the commission. The bill includes provisions that allow respondents to utilize defenses based on reliance on advisory opinions from the commission and ensures quicker resolutions by mandating that complaints be dismissed if corrected information is submitted before the commission accepts jurisdiction. These changes are intended to streamline processes and enhance fairness in the handling of ethics complaints.

Sentiment

The sentiment surrounding SB548 appears to be broadly positive, with bipartisan support evidenced by the unanimous votes in both the Senate and the House. Supporters of the bill view it as a vital step toward ensuring fair treatment of individuals subject to ethics complaints by introducing clear guidelines and protections. However, there may be underlying concerns among some stakeholders regarding the potential for misuse of the defense provisions, particularly in complex cases where the lines of ethics can be ambiguous.

Contention

While SB548 enjoys significant support, there are still points of contention worth noting. Some critics may argue that providing defenses based on advisory opinions could lead to inconsistent interpretations of the law and potentially hinder accountability. Additionally, there may be concerns that the bill does not go far enough in tackling ethics violations, leaving room for unethical behavior to flourish if individuals believe they can easily navigate the complaint process using defensive maneuvers.

Companion Bills

No companion bills found.

Previously Filed As

TX SB320

Relating to complaints filed with the Texas Ethics Commission.

TX SB1931

Relating to a complaint filed with and sanctions issued by the State Commission on Judicial Conduct.

TX SB666

Relating to complaint information and to rulemaking and disciplinary procedures of the Texas Medical Board.

TX HB3145

Relating to a complaint filed with the State Commission on Judicial Conduct.

TX HB3092

Relating to the translation of certain forms and information associated with complaints filed with the Texas Commission on Environmental Quality.

TX HB1441

Relating to the inclusion of the mailing address of certain campaign treasurers in appointments and reports filed with the Texas Ethics Commission.

TX SB471

Relating to the investigation by the Texas Commission on Environmental Quality of certain complaints.

TX HB1585

Relating to matters affecting the powers and duties of the Texas Ethics Commission.

TX HB4902

Relating to the eligibility of certain individuals for unemployment benefits and the validity of certain claims for unemployment benefits submitted to the Texas Workforce Commission.

TX SB1847

Relating to the eligibility of certain individuals for unemployment benefits and the validity of certain claims for unemployment benefits submitted to the Texas Workforce Commission.

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