Texas 2009 - 81st Regular

Texas House Bill HB2301 Compare Versions

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1	1	81R22565 ESH-D
2	2	By: Marquez, Quintanilla H.B. No. 2301
3	3	Substitute the following for H.B. No. 2301:
4	4	By: Marquez C.S.H.B. No. 2301
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a county ethics commission in certain
10	10	counties; providing civil and criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 5, Local Government Code, is
13	13	amended by adding Chapter 161 to read as follows:
14	14	CHAPTER 161. COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter
17	17	applies only to a county that:
18	18	(1) has a population of 650,000 or more;
19	19	(2) is located on the international border; and
20	20	(3) before September 1, 2009, had a county ethics
21	21	board appointed by the commissioners court.
22	22	Sec. 161.002. DEFINITIONS. In this chapter:
23	23	(1) "Commission" means a county ethics commission
24	24	created under this chapter.
25	25	(2) "Commission staff" means county employees
26	26	assigned to provide administrative support to the commission.
27	27	(3) "Communicates directly with" has the meaning
28	28	assigned by Section 305.002, Government Code.
29	29	(4) "County affiliate" means a person described and
30	30	determined by order of the commissioners court on recommendation of
31	31	the commission. As determined by the commissioners court, the term
32	32	includes:
33	33	(A) any person whose goods and services are
34	34	purchased under the terms of a purchase order or contractual
35	35	agreement with the county; and
36	36	(B) as determined by the county, any other
37	37	persons doing business with the county.
38	38	(5) "County employee" means a person employed by the
39	39	county or a county officer and includes a person employed in the
40	40	judicial branch of the county government who is not subject to the
41	41	Code of Judicial Conduct. The term does not include a county
42	42	officer.
43	43	(6) "County office" means a position held by a county
44	44	officer.
45	45	(7) "County officer" means a county judge, county
46	46	commissioner, county attorney, sheriff, county tax
47	47	assessor-collector, county clerk, district clerk, county
48	48	treasurer, county auditor, county purchasing agent, and constable.
49	49	(8) "County public servant" means a person elected,
50	50	selected, appointed, employed, or otherwise designated as one of
51	51	the following, even if the person has not yet qualified for or
52	52	assumed the duties of office:
53	53	(A) a county officer or county employee;
54	54	(B) a person appointed by the commissioners court
55	55	or a county officer to a position on one of the following, whether
56	56	the position is compensated or not:
57	57	(i) an authority, board, bureau,
58	58	commission, committee, council, department, district, division, or
59	59	office of the county; or
60	60	(ii) a multi-jurisdictional board;
61	61	(C) an attorney at law or notary public when
62	62	participating in the performance of a governmental function;
63	63	(D) a candidate for nomination or election to an
64	64	elected county office; or
65	65	(E) a person who is performing a governmental
66	66	function under a claim of right although the person is not legally
67	67	qualified or authorized to do so.
68	68	(9) "Lobbyist" means a person who, for compensation in
69	69	excess of an amount established by the commission, communicates
70	70	directly with a county officer or county employee to influence
71	71	official action.
72	72	Sec. 161.003. CONFLICT WITH CIVIL SERVICE AGREEMENT. (a)
73	73	This chapter may not be construed to affect:
74	74	(1) the terms of an agreement authorized by Chapter
75	75	174 between the county and county employees; or
76	76	(2) any provision of a civil service statute
77	77	applicable to a county employee.
78	78	(b) If an agreement authorized by Chapter 174 or a civil
79	79	service statute applicable to a county employee conflicts with this
80	80	chapter or an ethics code adopted or enforced under this chapter,
81	81	the agreement or civil service statute prevails.
82	82	[Sections 161.004-161.050 reserved for expansion]
83	83	SUBCHAPTER B. CREATION OF COMMISSION; APPOINTMENT OF COMMISSION
84	84	MEMBERS
85	85	Sec. 161.051. CREATION OF COMMISSION BY ORDER. (a) The
86	86	commissioners court of a county, by an order adopted by a majority
87	87	of the court's full membership, may create a county ethics
88	88	commission.
89	89	(b) A copy of an order adopted under this section shall be
90	90	placed in the minutes of the court's proceedings. The copy of the
91	91	order is public information.
92	92	Sec. 161.052. CREATION OF COMMISSION BY ELECTION. (a) A
93	93	county ethics commission may be created by approval of the system by
94	94	a majority of the qualified voters of the county voting at an
95	95	election called for that purpose.
96	96	(b) The commissioners court by order may call an election on
97	97	the question of the creation of a county ethics commission.
98	98	(c) The commissioners court shall hold the election called
99	99	under this section on the first authorized uniform election date
100	100	prescribed by Chapter 41, Election Code, that allows sufficient
101	101	time for publication of the notice required by Subsection (d) and
102	102	for compliance with any other requirements established by law.
103	103	(d) In addition to the notice required by Chapter 4,
104	104	Election Code, the commissioners court must publish in a newspaper
105	105	of general circulation in the county, and on the home page of the
106	106	county's Internet website, a substantial copy of the order calling
107	107	the election. The first newspaper publication must be made on or
108	108	before the 15th day before the date of the election and continue
109	109	once a week for two consecutive weeks, and the notice on the
110	110	county's Internet website shall remain on the home page each day
111	111	beginning not later than the 16th day before the election and ending
112	112	on the date of the election.
113	113	Sec. 161.053. BALLOT. The commissioners court shall order
114	114	the ballot at the election to be printed to provide for voting for
115	115	or against the proposition: "Creation of a county ethics
116	116	commission."
117	117	Sec. 161.054. RESULT OF ELECTION. If the proposition is
118	118	approved, the commissioners court shall declare the result and by
119	119	order create the county ethics commission. A copy of the order
120	120	creating the commission shall be placed in the minutes of the
121	121	court's proceedings.
122	122	Sec. 161.055. APPOINTMENT OF COMMISSION. (a) The
123	123	commission is composed of:
124	124	(1) five members, each of whom is appointed by the
125	125	county judge or a county commissioner; and
126	126	(2) four public representative members, appointed as
127	127	provided by this section.
128	128	(b) Not later than the 60th day after the date of the order
129	129	creating the commission as provided in Section 161.051 or Section
130	130	161.054:
131	131	(1) the county judge and each county commissioner
132	132	shall each appoint one member of the commission; and
133	133	(2) the commissioners court shall order publication of
134	134	a notice seeking applicants for four public representative members
135	135	of the commission.
136	136	(c) The commissioners court shall set the date for the first
137	137	meeting of the initial members appointed by the county judge and the
138	138	commissioners court. The first meeting must be set not earlier than
139	139	the 60th day after the date of the order creating the commission and
140	140	not later than the 90th day after the date of that order.
141	141	(d) At the first meeting of the commission, the initial
142	142	members shall elect one member as chair of the commission.
143	143	(e) Not later than the 120th day after the date of the order
144	144	creating the commission, the initial members shall appoint four
145	145	public representatives from the applications received pursuant to
146	146	Subsection (b)(2). After the initial public representatives are
147	147	appointed, the entire board shall appoint the successor public
148	148	representatives.
149	149	Sec. 161.056. ELIGIBILITY. (a) To be eligible for
150	150	appointment to the commission, a person must:
151	151	(1) be at least 25 years old; and
152	152	(2) have resided in the county for the two years
153	153	immediately preceding the date on which the person's term will
154	154	begin.
155	155	(b) A person is not eligible for appointment to the
156	156	commission if the person is:
157	157	(1) an elected officer;
158	158	(2) a county employee;
159	159	(3) a county affiliate;
160	160	(4) a person employed as a lobbyist;
161	161	(5) a person convicted of a misdemeanor involving
162	162	moral turpitude or a felony; or
163	163	(6) a person who is delinquent in payment of local,
164	164	state, or federal taxes.
165	165	Sec. 161.057. TERMS. (a) Members of the commission serve
166	166	staggered terms of two years, with the terms of four or five members
167	167	expiring each year.
168	168	(b) Notwithstanding Subsection (a), the initial members of
169	169	the commission shall select by lot five members to serve a term of
170	170	two years and four members to serve a term of one year.
171	171	Sec. 161.058. VACANCIES. (a) A vacancy on the commission
172	172	shall be filled for the remainder of the unexpired term as follows:
173	173	(1) if the vacancy represents a member appointed by
174	174	the county judge or a county commissioner, the vacancy is filled,
175	175	except as provided by Subsection (b), by appointment of that
176	176	officer or the officer's successor in office; or
177	177	(2) if the vacancy represents a public representative
178	178	member, by the commission.
179	179	(b) If the county judge or county commissioner, as
180	180	applicable, does not fill the vacancy before the 60th day after the
181	181	date the position becomes vacant, the commission may fill the
182	182	vacancy by a majority vote of the remaining members.
183	183	Sec. 161.059. MEETINGS. (a) The commission shall meet on a
184	184	regular basis.
185	185	(b) The commission is a governmental body for purposes of
186	186	Chapter 551, Government Code.
187	187	Sec. 161.060. REMOVAL OF COMMISSION MEMBER. A member of the
188	188	commission may be removed as provided by Chapter 87 if, after a
189	189	trial, the jury finds good cause for removal, including:
190	190	(1) failure to pay local, state, or federal taxes when
191	191	due;
192	192	(2) violation of the ethics code adopted by the
193	193	commission;
194	194	(3) conviction of a felony or misdemeanor;
195	195	(4) excessive absenteeism as determined by the
196	196	commission; and
197	197	(5) official misconduct.
198	198	Sec. 161.061. LEGAL REPRESENTATION. The county attorney, or
199	199	district attorney, or criminal district attorney, as appropriate,
200	200	with the duty to represent the county in civil matters shall
201	201	represent the commission in all legal matters.
202	202	[Sections 161.062-161.100 reserved for expansion]
203	203	SUBCHAPTER C. POWERS
204	204	Sec. 161.101. GENERAL POWERS. (a) The commission shall
205	205	adopt, publish, and enforce an ethics code governing county public
206	206	servants.
207	207	(b) The commission may adopt or use as a guide any ethics law
208	208	or rule of the United States, this state, or a political subdivision
209	209	in this state to the extent that the law or rule promotes the
210	210	purposes of this chapter and serves the needs of the county.
211	211	(c) The commission may adopt bylaws, rules, forms,
212	212	policies, or procedures to assist in the administration of the
213	213	commission's duties under this chapter. The commission may be
214	214	guided by Robert's Rules of Order to the extent that it does not
215	215	conflict with the constitution and laws of the United States and
216	216	this state or conflict with other guidelines adopted by the
217	217	commission.
218	218	(d) The commission shall be assigned staff by the county and
219	219	provided access to county resources to assist in its duties.
220	220	(e) The commission shall develop and implement polices that
221	221	provide the public with information on the commission and the
222	222	ethics code.
223	223	(f) The commission may adopt or use as a guide the
224	224	provisions of Subchapter D or E.
225	225	(g) The commission shall enforce the provisions of the
226	226	ethics code by issuing appropriate orders or recommendations or by
227	227	imposing appropriate penalties.
228	228	Sec. 161.102. ADVISORY OPINIONS. On the request of any
229	229	person covered by the ethics code adopted by the commission, the
230	230	commission may issue a written ethics advisory opinion regarding
231	231	the application of the ethics code to a specified existing or
232	232	hypothetical factual situation. The commission may not issue an
233	233	opinion that includes the name of any person who may be affected by
234	234	the opinion. The name of the person requesting the opinion shall be
235	235	deemed confidential.
236	236	Sec. 161.103. PUBLIC INTEREST INFORMATION. (a) The
237	237	commission shall develop plain-language materials as described by
238	238	this section. The commission shall post the information on the
239	239	county's Internet website and make the information otherwise
240	240	available to the public.
241	241	(b) The materials must include:
242	242	(1) a description of:
243	243	(A) the commission's responsibilities;
244	244	(B) the types of conduct that constitute a
245	245	violation of the ethics code adopted by the commission;
246	246	(C) the types of sanctions the commission may
247	247	impose;
248	248	(D) the commission's policies and procedures
249	249	relating to complaint investigation and resolution; and
250	250	(E) the duties of a person filing a complaint
251	251	with the commission; and
252	252	(2) a diagram showing the basic steps in the
253	253	commission's procedures relating to complaint investigation and
254	254	resolution.
255	255	(c) The commission shall provide the materials described by
256	256	this section to each complainant and respondent.
257	257	(d) The commission shall adopt a policy to effectively
258	258	distribute materials as required by this section.
259	259	Sec. 161.104. COMMISSION MEMBER EDUCATION AND TRAINING.
260	260	(a) Not later than the 60th day after the date a person is appointed
261	261	to the commission, the person must complete training on the
262	262	following matters:
263	263	(1) the legislation that created the commission;
264	264	(2) the role and functions of the commission; and
265	265	(3) the requirements of:
266	266	(A) the open meetings law, Chapter 551,
267	267	Government Code;
268	268	(B) the public information law, Chapter 552,
269	269	Government Code; and
270	270	(C) other laws relating to public officials,
271	271	including conflict-of-interest laws.
272	272	(b) A member of the commission must complete subsequent
273	273	training programs on the following matters:
274	274	(1) the ethics code adopted by the commission; and
275	275	(2) the procedural rules adopted by the commission.
276	276	(c) Other than the initial appointees and public
277	277	representatives, a person who is appointed to and qualifies for
278	278	office as a member of the commission may not vote, deliberate, or be
279	279	counted as a member in attendance at a meeting of the commission
280	280	until the person completes a training program that complies with
281	281	this section.
282	282	Sec. 161.105. EDUCATION AND TRAINING FOR PERSONS COVERED BY
283	283	ETHICS CODE. (a) The commission and commission staff shall provide
284	284	periodic training for persons covered by the ethics code adopted by
285	285	the commission on at least a quarterly basis.
286	286	(b) The training program must provide information
287	287	regarding:
288	288	(1) the ethics code;
289	289	(2) the role and functions of the commission; and
290	290	(3) plain-language materials as further described by
291	291	Section 161.103.
292	292	(c) In addition to the qualifications under Subchapter C,
293	293	Chapter 262, before submitting a bid, responding to a request for
294	294	qualifications or proposals, or otherwise contracting with the
295	295	county, an officer, principal, or other person with the authority
296	296	to bind the vendor shall complete training on the ethics code.
297	297	(d) A lobbyist intending to meet with a person covered by
298	298	the ethics code shall complete training on the ethics code.
299	299	[Sections 161.106-161.150 reserved for expansion]
300	300	SUBCHAPTER D. COMPLAINT PROCEDURES AND HEARINGS
301	301	Sec. 161.151. DEFINITIONS. In this subchapter:
302	302	(1) "Category One violation" means a violation of the
303	303	ethics code adopted by the commission as to which it is generally
304	304	not difficult to ascertain whether the violation occurred or did
305	305	not occur, including:
306	306	(A) the failure by a person required to file a
307	307	statement or report required under the ethics code to:
308	308	(i) file the statement or report in a manner
309	309	that complies with applicable requirements; or
310	310	(ii) file the statement or report in a
311	311	timely manner;
312	312	(B) a misrepresentation in a report required
313	313	under the ethics code; or
314	314	(C) a failure to respond in a timely manner to a
315	315	written notice under Section 161.156(b).
316	316	(2) "Category Two violation" means a violation of the
317	317	ethics code adopted by the commission that is not a Category One
318	318	violation.
319	319	Sec. 161.152. COMPLAINT PROCEDURES AND HEARINGS. The
320	320	commission may adopt the complaint procedures and hearings set
321	321	forth in this subchapter.
322	322	Sec. 161.153. HEARINGS AND SETTLEMENT. (a) The commission
323	323	may:
324	324	(1) hold a hearing on a sworn complaint and render a
325	325	decision on a complaint or report of a violation as provided by this
326	326	chapter; and
327	327	(2) agree to the settlement of issues.
328	328	(b) The commission may not:
329	329	(1) consider a complaint or vote to investigate a
330	330	matter outside the commission's jurisdiction; or
331	331	(2) investigate any matter except in response to a
332	332	sworn complaint.
333	333	Sec. 161.154. CATEGORIZATION OF VIOLATIONS. An allegation
334	334	of a violation listed as a Category One violation shall be treated
335	335	as a Category Two violation if the commission at any time determines
336	336	that:
337	337	(1) the allegation arises out of the same set of facts
338	338	as those that give rise to an allegation of a Category Two
339	339	violation, and the interests of justice or efficiency require
340	340	resolution of the allegations together; or
341	341	(2) the facts and law related to a particular
342	342	allegation or a defense to the allegation present a level of
343	343	complexity that prevents resolution through the preliminary review
344	344	procedures for Category One violations prescribed by Section
345	345	161.159(a).
346	346	Sec. 161.155. FILING OF COMPLAINT; CONTENTS. (a) An
347	347	individual may file with the commission a sworn complaint, on a form
348	348	prescribed by the commission, alleging that a person subject to the
349	349	ethics code has violated the ethics code. The commission shall make
350	350	the complaint form available on the county website.
351	351	(b) A complaint filed under this section must be in writing
352	352	and under oath and must set forth in simple, concise, and direct
353	353	statements:
354	354	(1) the name of the complainant;
355	355	(2) the street or mailing address of the complainant;
356	356	(3) the name of each respondent;
357	357	(4) the position or title of each respondent;
358	358	(5) the nature of the alleged violation, including if
359	359	possible the specific rule or provision of the ethics code alleged
360	360	to have been violated;
361	361	(6) a statement of the facts constituting the alleged
362	362	violation and the dates on which or period of time in which the
363	363	alleged violation occurred; and
364	364	(7) all documents or other material available to the
365	365	complainant that are relevant to the allegation, a list of all
366	366	documents or other material within the knowledge of the complainant
367	367	and available to the complainant that are relevant to the
368	368	allegation but that are not in the possession of the complainant,
369	369	including the location of the documents, if known, and a list of all
370	370	documents or other material within the knowledge of the complainant
371	371	that are unavailable to the complainant and that are relevant to the
372	372	complaint, including the location of the documents, if known.
373	373	(c) The complaint must be accompanied by an affidavit
374	374	stating either that the information contained in the complaint is
375	375	correct or that the complainant has good reason to believe and does
376	376	believe that the violation occurred. If the complaint is based on
377	377	information and belief, the complaint shall state the source and
378	378	basis of the information and belief. The complainant may swear to
379	379	the facts by oath before a notary public or other authorized
380	380	official.
381	381	(d) The complaint must state on its face an allegation that,
382	382	if true, constitutes a violation of the ethics code.
383	383	Sec. 161.156. PROCESSING OF COMPLAINT. (a) The commission
384	384	shall determine whether a sworn complaint filed with the commission
385	385	complies with the form requirements of Section 161.155.
386	386	(b) Not later than the 10th business day after the date a
387	387	complaint is filed, the commission shall send written notice to the
388	388	complainant and the respondent. The notice must state whether the
389	389	complaint complies with the form requirements of Section 161.155
390	390	and include the information required by Section 161.158(c).
391	391	(c) If the commission determines that the complaint does not
392	392	comply with the form requirements, the commission shall send the
393	393	complaint to the complainant with the written notice, a statement
394	394	explaining how the complaint fails to comply, and a copy of the
395	395	rules for filing sworn complaints. The complainant may resubmit
396	396	the complaint not later than the 21st day after the date the notice
397	397	under Subsection (b) is mailed. If the commission determines that
398	398	the complaint is not resubmitted within the 21-day period, the
399	399	commission shall:
400	400	(1) dismiss the complaint; and
401	401	(2) not later than the 10th business day after the date
402	402	of the dismissal, send written notice to the complainant and the
403	403	respondent of the dismissal and the grounds for dismissal.
404	404	(d) If the commission determines that a complaint is
405	405	resubmitted under Subsection (c) within the 21-day period but is
406	406	not in proper form, the commission shall send the notice required
407	407	under Subsection (c), and the complainant may resubmit the
408	408	complaint under that subsection.
409	409	(e) If the commission determines that a complaint returned
410	410	to the complainant under Subsection (c) or (d) is resubmitted
411	411	within the 21-day period and that the complaint complies with the
412	412	form requirements, the commission shall send the written notice
413	413	under Subsection (b).
414	414	(f) If a complaint filed with the commission is within the
415	415	jurisdiction of the commission but may also be brought under the
416	416	provisions of a collective bargaining agreement authorized by
417	417	Chapter 174, a civil service rule under Section 158.0025, or a rule
418	418	of the sheriff's department, the commission shall defer
419	419	jurisdiction over the complaint to the sheriff for disposition. The
420	420	sheriff may return a complaint deferred under this subsection to
421	421	the commission for additional proceedings as the commission
422	422	determines appropriate.
423	423	Sec. 161.157. RETALIATION AGAINST COUNTY EMPLOYEE
424	424	REPORTING VIOLATION OF ETHICS CODE PROHIBITED. (a) The county may
425	425	not suspend or terminate the employment of or take other adverse
426	426	action against a county employee who in good faith files a complaint
427	427	or otherwise reports to the ethics commission, commission staff, or
428	428	another law enforcement authority a violation of the ethics code by
429	429	a person subject to the ethics code.
430	430	(b) The county may not suspend or terminate the employment
431	431	of or take other adverse action against a county employee who in
432	432	good faith participates in the complaint processing, preliminary
433	433	review, hearing, or any other aspect of the investigation and
434	434	resolution by the commission of an alleged violation of the ethics
435	435	code by a person subject to the ethics code.
436	436	(c) A commission created by a county under this chapter is a
437	437	part of the "local governmental entity" for purposes of Section
438	438	554.002, Government Code.
439	439	(d) An ethics code adopted by a commission pursuant to this
440	440	chapter is a "law" as defined by Section 554.001, Government Code.
441	441	Sec. 161.158. PRELIMINARY REVIEW: INITIATION. (a) The
442	442	commission staff shall promptly conduct a preliminary review on
443	443	receipt of a written complaint that is in compliance with the form
444	444	requirements of Section 161.155.
445	445	(b) The commission shall determine in writing whether the
446	446	commission has jurisdiction over the violation of the ethics code
447	447	provision alleged in a sworn complaint processed under Section
448	448	161.156.
449	449	(c) If the commission determines that it has jurisdiction,
450	450	it shall issue a notice under Section 161.156(b) that must include:
451	451	(1) a statement that the commission has jurisdiction
452	452	over the violation alleged in the complaint;
453	453	(2) a statement of whether the complaint will be
454	454	processed as a Category One violation or a Category Two violation,
455	455	subject to reconsideration as provided for by Section 161.154;
456	456	(3) the date by which the respondent is required to
457	457	respond to the notice;
458	458	(4) a copy of the complaint and the rules of procedure
459	459	of the commission;
460	460	(5) a statement of the rights of the respondent;
461	461	(6) a statement inviting the respondent to provide to
462	462	the commission any information relevant to the complaint; and
463	463	(7) a statement that a failure to timely respond to the
464	464	notice will be treated as a separate violation.
465	465	(d) If the commission determines that the commission does
466	466	not have jurisdiction over the violation alleged in the complaint,
467	467	the commission shall:
468	468	(1) dismiss the complaint; and
469	469	(2) not later than the 10th business day after the date
470	470	of the dismissal, send to the complainant and the respondent
471	471	written notice of the dismissal and the grounds for the dismissal.
472	472	Sec. 161.159. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT.
473	473	(a) If the alleged violation is a Category One violation:
474	474	(1) the respondent must respond to the notice required
475	475	by Section 161.156(b) not later than the 10th business day after the
476	476	date the respondent receives the notice; and
477	477	(2) if the matter is not resolved by agreement between
478	478	the commission and the respondent before the 30th business day
479	479	after the date the respondent receives the notice under Section
480	480	161.156(b), the commission shall set the matter for a preliminary
481	481	review hearing to be held at the next commission meeting for which
482	482	notice has not yet been posted.
483	483	(b) If the alleged violation is a Category Two violation:
484	484	(1) the respondent must respond to the notice required
485	485	by Section 161.156(b) not later than the 25th business day after the
486	486	date the respondent receives the notice under Section 161.156(b);
487	487	and
488	488	(2) if the matter is not resolved by agreement between
489	489	the commission and the respondent before the 75th business day
490	490	after the date the respondent receives the notice under Section
491	491	161.156(b), the commission shall set the matter for a preliminary
492	492	review hearing to be held at the next commission meeting for which
493	493	notice has not yet been posted.
494	494	(c) A respondent's failure to timely respond as required by
495	495	Subsection (a)(1) or (b)(1) is a Category One violation.
496	496	(d) The response required by Subsection (a) or (b) must
497	497	include any challenge the respondent seeks to raise to the
498	498	commission's exercise of jurisdiction. In addition, the respondent
499	499	may:
500	500	(1) acknowledge the occurrence or commission of a
501	501	violation;
502	502	(2) deny the allegations contained in the complaint
503	503	and provide evidence supporting the denial; or
504	504	(3) agree to enter into an assurance of voluntary
505	505	compliance or other agreed order, which may include an agreement to
506	506	immediately cease and desist.
507	507	(e) If the commission sets the matter for a preliminary
508	508	review hearing, the commission shall promptly send to the
509	509	complainant and the respondent written notice of the date, time,
510	510	and place of the preliminary review hearing.
511	511	Sec. 161.160. PRELIMINARY REVIEW: WRITTEN QUESTIONS.
512	512	During a preliminary review, the commission staff may submit to the
513	513	complainant or respondent written questions reasonably intended to
514	514	lead to the discovery of matters relevant to the investigation.
515	515	Sec. 161.161. PRELIMINARY REVIEW AND PRELIMINARY REVIEW
516	516	PROCEDURES. The commission shall adopt procedures for the conduct
517	517	of preliminary reviews and preliminary review hearings. The
518	518	procedures must include:
519	519	(1) a reasonable time for responding to questions
520	520	submitted by the commission and commission staff and subpoenas
521	521	issued by the commission; and
522	522	(2) the tolling or extension of otherwise applicable
523	523	deadlines where:
524	524	(A) the commission issues a subpoena and the
525	525	commission's meeting schedule makes it impossible both to provide a
526	526	reasonable time for response and to comply with the otherwise
527	527	applicable deadlines; or
528	528	(B) the commission determines that, despite the
529	529	commission staff's diligence and the reasonable cooperation of the
530	530	respondent, a matter is too complex to resolve within the otherwise
531	531	applicable deadlines without compromising either the commission
532	532	staff's investigation or the rights of the respondent.
533	533	Sec. 161.162. PRELIMINARY REVIEW HEARING: PROCEDURE. (a)
534	534	The commission shall conduct a preliminary review hearing if:
535	535	(1) following the preliminary review, the commission
536	536	and the respondent cannot agree to the disposition of the
537	537	complaint; or
538	538	(2) the respondent in writing requests a hearing.
539	539	(b) The commission shall provide written notice to the
540	540	complainant, if any, and the respondent of the date, time, and place
541	541	the commission will conduct the preliminary review hearing.
542	542	(c) At or after the time the commission provides notice of a
543	543	preliminary review hearing, the commission may submit to the
544	544	complainant and the respondent written questions and require those
545	545	questions to be answered under oath within a reasonable time.
546	546	(d) During a preliminary review hearing, the commission:
547	547	(1) may consider all submitted evidence related to the
548	548	complaint;
549	549	(2) may review any documents or material related to
550	550	the complaint; and
551	551	(3) shall determine whether there is credible evidence
552	552	that provides cause for the commission to conclude that a violation
553	553	within the jurisdiction of the commission has occurred.
554	554	(e) During a preliminary review hearing, the respondent may
555	555	appear before the commission with the assistance of counsel, if
556	556	desired by the respondent, and present any relevant evidence,
557	557	including a written statement.
558	558	Sec. 161.163. PRELIMINARY REVIEW HEARING: RESOLUTION. (a)
559	559	As soon as practicable after the completion of a preliminary review
560	560	hearing, the commission by vote shall issue a decision stating:
561	561	(1) whether there is credible evidence for the
562	562	commission to determine that a violation within the jurisdiction of
563	563	the commission has occurred and whether the violation is technical
564	564	or de minimis; or
565	565	(2) that there is insufficient evidence for the
566	566	commission to determine whether a violation within the jurisdiction
567	567	of the commission has occurred.
568	568	(b) If the commission determines that there is credible
569	569	evidence for the commission to determine that a violation has
570	570	occurred, the commission shall resolve and settle the complaint to
571	571	the extent possible. If the commission successfully resolves and
572	572	settles the complaint, not later than the 10th business day after
573	573	the date of the final resolution of the complaint, the commission
574	574	shall send to the complainant and the respondent a copy of the
575	575	decision stating the commission's determination and written notice
576	576	of the resolution and the terms of the resolution. If the
577	577	commission is unsuccessful in resolving and settling the complaint,
578	578	the commission shall:
579	579	(1) order a formal hearing to be held in accordance
580	580	with Sections 161.164 through 161.167; and
581	581	(2) not later than the 10th business day after the date
582	582	of the decision, send to the complainant and the respondent:
583	583	(A) a copy of the decision;
584	584	(B) written notice of the date, time, and place
585	585	of the formal hearing;
586	586	(C) a statement of the nature of the alleged
587	587	violation;
588	588	(D) a description of the evidence of the alleged
589	589	violation;
590	590	(E) a copy of the complaint;
591	591	(F) a copy of the commission's rules of
592	592	procedure; and
593	593	(G) a statement of the rights of the respondent.
594	594	(c) If the commission determines that there is credible
595	595	evidence for the commission to determine that a violation within
596	596	the jurisdiction of the commission has not occurred, the commission
597	597	shall:
598	598	(1) dismiss the complaint; and
599	599	(2) not later than the fifth business day after the
600	600	date of the dismissal, send to the complainant and the respondent a
601	601	copy of the decision stating the commission's determination and
602	602	written notice of the dismissal and the grounds for dismissal.
603	603	(d) If the commission determines that there is insufficient
604	604	credible evidence for the commission to determine that a violation
605	605	within the jurisdiction of the commission has occurred, the
606	606	commission may dismiss the complaint or promptly conduct a formal
607	607	hearing under Sections 161.164 through 161.167. Not later than the
608	608	fifth business day after the date of the commission's determination
609	609	under this subsection, the commission shall send to the complainant
610	610	and the respondent a copy of the decision stating the commission's
611	611	determination and written notice of the grounds for the
612	612	determination.
613	613	Sec. 161.164. FORMAL HEARING: STANDARD OF EVIDENCE.
614	614	During a formal hearing, the commission shall determine by a
615	615	preponderance of the evidence whether a violation within the
616	616	jurisdiction of the commission has occurred.
617	617	Sec. 161.165. FORMAL HEARING: SUBPOENAS AND WITNESSES.
618	618	(a) A subpoena or other request to testify shall be served
619	619	sufficiently in advance of the scheduled appearance at a formal
620	620	hearing to allow a reasonable period, as determined by the
621	621	commission, for the person subpoenaed to prepare for the hearing
622	622	and to employ counsel if desired.
623	623	(b) Except as provided by Section 161.166(a)(1), the
624	624	commission may order that a person may not, except as specifically
625	625	authorized by the presiding officer, make public the name of a
626	626	witness subpoenaed by the commission before the date of that
627	627	witness's scheduled appearance.
628	628	(c) A witness may read a written statement or present a
629	629	brief oral opening statement at a formal hearing.
630	630	(d) A person whose name is mentioned or who is identified or
631	631	referred to in testimony or in statements made by a commission
632	632	member, commission staff member, or witness and who reasonably
633	633	believes that the statement tends to adversely affect the person's
634	634	reputation may:
635	635	(1) request to appear personally before the commission
636	636	to testify in the person's own behalf; or
637	637	(2) file a sworn statement of facts relevant to the
638	638	testimony or statement that the person believes adversely affects
639	639	the person's reputation.
640	640	(e) A witness who testifies at a formal hearing must be
641	641	sworn.
642	642	Sec. 161.166. FORMAL HEARING: PROCEDURE. (a) Not later
643	643	than the fifth business day before the date of a scheduled formal
644	644	hearing or on the granting of a motion for discovery by the
645	645	respondent, the commission shall provide to the complainant and to
646	646	the respondent:
647	647	(1) a list of proposed witnesses to be called at the
648	648	hearing;
649	649	(2) copies of all documents expected to be introduced
650	650	as exhibits at the hearing; and
651	651	(3) a brief statement as to the nature of the testimony
652	652	expected to be given by each witness to be called at the hearing.
653	653	(b) The respondent may not be compelled to give evidence or
654	654	testimony that violates the respondent's right against
655	655	self-incrimination under the United States Constitution or the
656	656	Texas Constitution.
657	657	(c) The commission shall adopt rules governing discovery,
658	658	hearings, and related procedures consistent with this chapter and
659	659	Chapter 2001, Government Code.
660	660	Sec. 161.167. FORMAL HEARING: RESOLUTION. (a) Not later
661	661	than the 30th business day after the date of the formal hearing, the
662	662	commission shall convene a meeting and by motion shall issue:
663	663	(1) a final decision stating the resolution of the
664	664	formal hearing; and
665	665	(2) a written report stating the commission's findings
666	666	of fact, conclusions of law, and recommendation of imposition of a
667	667	civil penalty, if any.
668	668	(b) Six members of the commission are required for a quorum
669	669	at a formal hearing.
670	670	(c) Not later than the 10th business day after the date the
671	671	commission issues the final decision and written report, the
672	672	commission shall:
673	673	(1) send a copy of the decision and report to the
674	674	complainant and to the respondent; and
675	675	(2) make a copy of the decision and report available to
676	676	the public during reasonable business hours.
677	677	Sec. 161.168. STATUS OF COMPLAINT. (a) The commission
678	678	shall keep an information file about each sworn or other complaint
679	679	filed with the commission. The file must include:
680	680	(1) the name of the person who filed the complaint;
681	681	(2) the date the complaint is received by the
682	682	commission;
683	683	(3) the subject matter of the complaint;
684	684	(4) the name of each person contacted in relation to
685	685	the complaint;
686	686	(5) a summary of the results of the review or
687	687	investigation of the complaint; and
688	688	(6) an explanation of the reason the file was closed,
689	689	if the commission closed the file without taking action other than
690	690	to investigate the complaint.
691	691	(b) The commission shall provide to the person filing the
692	692	complaint and to each person who is a subject of the complaint a
693	693	copy of the commission's policies and procedures relating to
694	694	complaint investigation and resolution.
695	695	(c) In addition to the notice required by Sections 161.156
696	696	and 161.167, the commission, at least quarterly until final
697	697	disposition of a complaint, shall notify the person who filed the
698	698	complaint and each person who is a subject of the complaint of the
699	699	status of the sworn complaint.
700	700	(d) The commission shall resolve a complaint within six
701	701	months of its receipt unless it makes a determination that
702	702	additional time is required to resolve the matter. On a
703	703	determination that additional time is required, the commission may
704	704	extend the investigation in three-month increments. Each extension
705	705	requires separate approval by the commission.
706	706	(e) If the commission does not resolve the matter within six
707	707	months or within an authorized extension, the complaint shall be
708	708	deemed to have been dismissed without prejudice.
709	709	Sec. 161.169. EXTENSION OF DEADLINE. The commission may,
710	710	on its own motion or on the reasonable request of a respondent,
711	711	extend any deadline for action relating to a sworn complaint,
712	712	preliminary review hearing, or formal hearing.
713	713	Sec. 161.170. SUBPOENA. (a) In connection with a formal
714	714	hearing, the commission, as authorized by this chapter, may
715	715	subpoena and examine witnesses and documents that directly relate
716	716	to a sworn complaint.
717	717	(b) In connection with a preliminary review, the
718	718	commission, for good cause and as authorized by this chapter, may
719	719	subpoena documents and witnesses on application by the commission
720	720	staff and a motion adopted by a vote of at least five members of the
721	721	commission, for the purpose of attempting to obtain from the
722	722	documents or witnesses specifically identified information, if the
723	723	commission reasonably believes that the specifically identified
724	724	information:
725	725	(1) is likely to be determinative as to whether the
726	726	subject of an investigation has violated a provision of the ethics
727	727	code;
728	728	(2) can be determined from the documents or is known by
729	729	the witnesses; and
730	730	(3) is not reasonably available through a less
731	731	intrusive means.
732	732	(c) The commission shall adopt procedures for the issuance
733	733	of subpoenas under this section.
734	734	(d) A copy of a subpoena issued under this section must be
735	735	delivered to the respondent.
736	736	(e) At the written request of at least five members of the
737	737	commission, a peace officer shall serve a subpoena of the
738	738	commission in the manner prescribed for service of a district court
739	739	subpoena.
740	740	(f) If a person to whom a subpoena is directed refuses to
741	741	appear, refuses to answer inquiries, or fails or refuses to produce
742	742	books, records, or other documents that were under the person's
743	743	control when the demand was made, the commission shall report that
744	744	fact to a district court in the county. The district court shall
745	745	enforce the subpoena by attachment proceedings for contempt in the
746	746	same manner as the court enforces a subpoena issued by the court.
747	747	(g) A respondent has the right to quash a subpoena as
748	748	provided by law.
749	749	(h) A subpoenaed witness who attends a commission hearing is
750	750	entitled to the same mileage and per diem payments as a witness who
751	751	appears before a grand jury. A person who provides subpoenaed
752	752	documents to the commission is entitled to reimbursement from the
753	753	commission for the person's reasonable cost of producing the
754	754	documents.
755	755	Sec. 161.171. STATUS OF COMPLAINANT. The complainant is
756	756	not a party to a preliminary review, preliminary review hearing, or
757	757	formal hearing under this subchapter.
758	758	Sec. 161.172. APPLICABILITY OF OTHER ACTS. (a) Except as
759	759	provided by Section 161.173(b), Chapter 552, Government Code, does
760	760	not apply to documents or any additional evidence relating to the
761	761	processing, preliminary review, preliminary review hearing, or
762	762	resolution of a sworn complaint.
763	763	(b) Chapter 551, Government Code, does not apply to the
764	764	processing, preliminary review, preliminary review hearing, or
765	765	resolution of a sworn complaint, but does apply to a formal hearing
766	766	held under Sections 161.164 through 161.167.
767	767	(c) Subchapters C through H, Chapter 2001, Government Code,
768	768	apply only to a formal hearing under this subchapter, the
769	769	resolution of a formal hearing, and the appeal of a final order of
770	770	the commission, and only to the extent consistent with this
771	771	chapter.
772	772	Sec. 161.173. CONFIDENTIALITY; OFFENSE. (a) Except as
773	773	provided by Subsection (b), (c), or (m), proceedings at a
774	774	preliminary review hearing performed by the commission, a sworn
775	775	complaint, and documents and any additional evidence relating to
776	776	the processing, preliminary review, preliminary review hearing, or
777	777	resolution of a sworn complaint are confidential and may not be
778	778	disclosed unless entered into the record of a formal hearing or a
779	779	judicial proceeding, except that a document or statement that was
780	780	previously public information remains public information.
781	781	(b) An order issued by the commission after the completion
782	782	of a preliminary review or hearing determining that a violation
783	783	other than a technical or de minimis violation has occurred is not
784	784	confidential.
785	785	(c) Commission staff may, for the purpose of investigating a
786	786	sworn complaint, disclose to the complainant, the respondent, or a
787	787	witness information that is otherwise confidential and relates to
788	788	the sworn complaint if:
789	789	(1) the employee makes a good faith determination that
790	790	the disclosure is necessary to conduct the investigation;
791	791	(2) the employee's determination under Subdivision (1)
792	792	is objectively reasonable;
793	793	(3) the commission specifically authorizes the
794	794	disclosure; and
795	795	(4) the employee discloses only the information
796	796	necessary to conduct the investigation.
797	797	(d) A person commits an offense if the person intentionally:
798	798	(1) destroys, mutilates, or alters information
799	799	obtained under this chapter; or
800	800	(2) removes information obtained under this chapter
801	801	without permission as provided by this chapter.
802	802	(e) An offense under Subsection (d) is a misdemeanor
803	803	punishable by:
804	804	(1) a fine of not less than $25 or more than $4,000;
805	805	(2) confinement in the county jail for not less than
806	806	three days or more than three months; or
807	807	(3) both the fine and confinement.
808	808	(f) A person commits an offense if the person distributes
809	809	information considered confidential under the terms of this
810	810	chapter.
811	811	(g) A person who obtains access to confidential information
812	812	under this chapter commits an offense if that person knowingly:
813	813	(1) uses the confidential information for a purpose
814	814	other than the purpose for which the information was received or for
815	815	a purpose unrelated to this chapter, including solicitation of
816	816	political contributions or solicitation of clients;
817	817	(2) permits inspection of the confidential
818	818	information by a person who is not authorized to inspect the
819	819	information; or
820	820	(3) discloses the confidential information to a person
821	821	who is not authorized to receive the information.
822	822	(h) An offense under Subsection (f) or (g) is a misdemeanor
823	823	punishable by:
824	824	(1) a fine of not more than $1,000;
825	825	(2) confinement in the county jail for not more than
826	826	six months; or
827	827	(3) both the fine and confinement.
828	828	(i) If conduct that constitutes an offense under this
829	829	section also constitutes an offense under the Penal Code, including
830	830	under Section 37.10 or 39.06 of that code, the person may be
831	831	prosecuted under this section or the Penal Code, as applicable.
832	832	(j) A violation under this section constitutes official
833	833	misconduct.
834	834	(k) In addition to other penalties, the respondent may
835	835	commence a civil action for damages on the respondent's own behalf
836	836	against any person who is alleged to have disclosed information
837	837	made confidential by this subchapter. Any action under this chapter
838	838	must be brought in a district court in the county. The court may
839	839	award costs and attorney's fees.
840	840	(l) A county employee is subject to discipline, including
841	841	termination of employment, for disclosing confidential information
842	842	under this chapter.
843	843	(m) The commission may disclose confidential information in
844	844	making a referral to a prosecuting attorney concerning an offense
845	845	under this section.
846	846	(n) A county employee who discloses confidential
847	847	information in compliance with Subsection (c) or (m) is not subject
848	848	to Subsections (d)-(l).
849	849	Sec. 161.174. AVAILABILITY OF COMMISSION ORDERS ON
850	850	INTERNET. (a) As soon as practicable following a preliminary
851	851	review, preliminary review hearing, or formal hearing at which the
852	852	commission determines that a person has committed a violation
853	853	within the commission's jurisdiction, the commission shall make
854	854	available on the Internet:
855	855	(1) a copy of the commission's order stating the
856	856	determination; or
857	857	(2) a summary of the commission's order.
858	858	(b) This section does not apply to a determination of a
859	859	violation that is technical or de minimis.
860	860	[Sections 161.175-161.200 reserved for expansion]
861	861	SUBCHAPTER E. ENFORCEMENT
862	862	Sec. 161.201. ORDER. The commission may:
863	863	(1) issue and enforce a cease and desist order to stop
864	864	a violation;
865	865	(2) issue an affirmative order to require compliance
866	866	with the laws administered and enforced by the commission; and
867	867	(3) issue an order of public censure with or without a
868	868	civil penalty imposed under Section 161.202.
869	869	Sec. 161.202. CIVIL PENALTY FOR DELAY OR VIOLATION. (a) The
870	870	commission may impose a civil penalty of not more than $500 for each
871	871	delay in complying with a commission order.
872	872	(b) The commission may impose a civil penalty of not more
873	873	than $4,000 for a violation of the ethics code adopted by the
874	874	commission.
875	875	(c) A penalty paid under this section shall be deposited to
876	876	the credit of the general fund of the county.
877	877	(d) This section is cumulative of any other available
878	878	sanctions under this chapter.
879	879	Sec. 161.203. WAIVER OR REDUCTION OF PENALTY. (a) A person
880	880	may request the waiver or reduction of a civil penalty by submitting
881	881	an affidavit to the commission that states the filer's reasons for
882	882	requesting a waiver or reduction.
883	883	(b) The commission may waive or reduce a civil penalty if
884	884	the commission finds that a waiver or reduction is in the public
885	885	interest and in the interest of justice. The commission shall
886	886	consider the following before acting to waive or reduce a civil
887	887	penalty:
888	888	(1) the facts and circumstances supporting the
889	889	person's request for a waiver or reduction;
890	890	(2) the seriousness of the violation, including the
891	891	nature, circumstances, consequences, extent, and gravity of the
892	892	violation, and the amount of the penalty;
893	893	(3) any history of previous violations by the person;
894	894	(4) the demonstrated good faith of the person,
895	895	including actions taken to rectify the consequences of the
896	896	violation;
897	897	(5) the penalty necessary to deter future violations;
898	898	and
899	899	(6) any other matter that justice may require.
900	900	(c) After hearing the waiver request, the commission may
901	901	affirm, reduce, or waive the civil penalty.
902	902	Sec. 161.204. NOTIFICATION OF REGULATORY OR SUPERVISORY
903	903	ENTITY. The commission may notify the appropriate regulatory or
904	904	supervisory entity, including any agency, the State Commission on
905	905	Judicial Conduct, or the State Bar of Texas, of a violation of the
906	906	ethics code adopted by the commission.
907	907	Sec. 161.205. CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH
908	908	COMPLAINT. (a) The commission may impose a civil penalty of not
909	909	more than $4,000 for the filing of a frivolous or bad-faith
910	910	complaint. In this subsection, "frivolous complaint" means a
911	911	complaint that is groundless and brought in bad faith or is
912	912	groundless and brought for the purpose of harassment.
913	913	(b) In addition to other penalties, the respondent may
914	914	commence a civil action on the respondent's own behalf against any
915	915	person who filed a frivolous complaint against the respondent. Any
916	916	action under this chapter shall be brought in a district court in
917	917	the county. The court may award costs and attorney's fees.
918	918	(c) A person may file a sworn complaint with the commission,
919	919	in accordance with Section 161.155, alleging that a complaint
920	920	relating to that person filed with the commission is frivolous or
921	921	brought in bad faith. A complaint may be filed under this
922	922	subsection without regard to whether the complaint alleged to be
923	923	frivolous or brought in bad faith is pending before the commission
924	924	or has been resolved. The commission shall act on a complaint made
925	925	under this subsection as provided by Subchapter D.
926	926	Sec. 161.206. FACTORS CONSIDERED FOR ASSESSMENT OF
927	927	SANCTION. The commission shall consider the following factors in
928	928	assessing a sanction:
929	929	(1) the seriousness of the violation, including the
930	930	nature, circumstances, consequences, extent, and gravity of the
931	931	violation;
932	932	(2) the history and extent of previous violations;
933	933	(3) the demonstrated good faith of the violator,
934	934	including actions taken to rectify the consequences of the
935	935	violation;
936	936	(4) the penalty necessary to deter future violations;
937	937	and
938	938	(5) any other matters that justice may require.
939	939	Sec. 161.207. APPEALS. (a) A respondent may appeal the
940	940	decision by filing a petition in a district court in the county
941	941	within 30 days after the date of the decision.
942	942	(b) An appeal under this section is under the substantial
943	943	evidence rule, and the judgment of the district court is appealable
944	944	as in other civil cases.
945	945	(c) If the district court renders judgment for the
946	946	petitioner, and the petitioner is a county employee, the court may
947	947	order reinstatement of the county employee, payment of back pay, or
948	948	other appropriate relief.
949	949	(d) If the district court renders judgment for the
950	950	petitioner, the court may order appropriate relief, including costs
951	951	and attorney's fees.
952	952	Sec. 161.208. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In
953	953	an appeal under Section 161.207, the district court may not
954	954	substitute its judgment for the judgment of the commission on the
955	955	weight of the evidence on questions committed to the commission's
956	956	discretion but:
957	957	(1) may affirm the commission's decision in whole or in
958	958	part; and
959	959	(2) shall reverse or remand the case for further
960	960	proceedings if substantial rights of the petitioner have been
961	961	prejudiced because the commission's findings, inferences,
962	962	conclusions, or decisions are:
963	963	(A) in violation of a constitutional or statutory
964	964	provision;
965	965	(B) in excess of the commission's authority;
966	966	(C) made through unlawful procedure;
967	967	(D) affected by other error of law;
968	968	(E) not reasonably supported by substantial
969	969	evidence considering the reliable and probative evidence in the
970	970	record as a whole; or
971	971	(F) arbitrary or capricious, characterized by
972	972	abuse of discretion, or clearly an unwarranted exercise of
973	973	discretion.
974	974	Sec. 161.209. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
975	975	EVIDENCE RULE. (a) After service of the petition on the
976	976	commission and within the time permitted for filing an answer or
977	977	within additional time allowed by the court, the commission shall
978	978	send to the reviewing court the original or a certified copy of the
979	979	entire record of the proceeding under review. The record shall be
980	980	filed with the clerk of the court. The record may be shortened by
981	981	stipulation of all parties to the review proceedings. The court may
982	982	assess additional costs against a party who unreasonably refuses to
983	983	stipulate to limit the record, unless the party pays all costs of
984	984	record preparation. The court may require or permit later
985	985	corrections or additions to the record.
986	986	(b) A party may apply to the court to present additional
987	987	evidence. If the court is satisfied that the additional evidence is
988	988	material and that there were good reasons for the failure to present
989	989	it in the proceeding before the commission, the court may order that
990	990	the additional evidence be taken before the commission on
991	991	conditions determined by the court. The commission may change its
992	992	findings and decisions by reason of the additional evidence and
993	993	shall file the additional evidence and any changes, new findings,
994	994	or decisions with the reviewing court.
995	995	(c) The party seeking judicial review shall offer, and the
996	996	reviewing court shall admit, the commission record into evidence as
997	997	an exhibit.
998	998	(d) The court shall conduct the review sitting without a
999	999	jury and is confined to the commission record, except that the court
1000	1000	may receive evidence of procedural irregularities alleged to have
1001	1001	occurred before the commission that are not reflected in the
1002	1002	record.
1003	1003	Sec. 161.210. COST OF PREPARING COMMISSION RECORD. (a) The
1004	1004	commission may require a party who appeals a final decision under
1005	1005	Section 161.207 to pay one-half of the cost of preparation of the
1006	1006	original or a certified copy of the record of the commission
1007	1007	proceeding that is required to be sent to the reviewing court.
1008	1008	(b) A charge imposed under this section is a court cost and
1009	1009	may be assessed by the court in accordance with the Texas Rules of
1010	1010	Civil Procedure.
1011	1011	[Sections 161.211-161.300 reserved for expansion]
1012	1012	SUBCHAPTER F. DISSOLUTION OF COMMISSION
1013	1013	Sec. 161.301. PETITION FOR DISSOLUTION OF COMMISSION. If,
1014	1014	after an ethics commission created pursuant to Section 161.052 has
1015	1015	been in effect for at least one year, 10 percent of the qualified
1016	1016	voters of the county petition the commissioners court to dissolve
1017	1017	the commission, the commissioners court shall call an election to
1018	1018	determine whether the commission will be dissolved.
1019	1019	Sec. 161.302. DISSOLUTION ELECTION. (a) An election under
1020	1020	this subchapter must be held in the manner provided for an election
1021	1021	to create a county ethics commission.
1022	1022	(b) The ballot for the election shall be printed to provide
1023	1023	for voting for or against the proposition: "Dissolution of the
1024	1024	county ethics commission."
1025	1025	Sec. 161.303. DISSOLUTION OF COMMISSION. If the proposition
1026	1026	is approved by a majority of the qualified voters voting at the
1027	1027	election, the commissioners court shall declare the result and by
1028	1028	order dissolve the ethics commission. A copy of the order
1029	1029	dissolving the commission shall be placed in the minutes of the
1030	1030	court's proceedings.
1031	1031	Sec. 161.304. SAVING PROVISIONS. The dissolution of a
1032	1032	county ethics commission under this subchapter does not affect:
1033	1033	(1) the prior operation of the ethics code adopted by
1034	1034	the commission or any prior action taken under it;
1035	1035	(2) any violation of the ethics code or any penalty,
1036	1036	forfeiture, or punishment incurred for a violation of the ethics
1037	1037	code before the effective date of the dissolution; or
1038	1038	(3) any investigation, proceeding, or remedy
1039	1039	concerning any penalty, forfeiture, or punishment, and the
1040	1040	investigation, proceeding, or remedy may be instituted, continued,
1041	1041	or enforced, and the penalty, forfeiture, or punishment imposed, as
1042	1042	if the commission had not been dissolved.
1043	1043	SECTION 2. This Act takes effect September 1, 2009.